Partial Redemption. (a) If less than all of the Notes of any series are to be redeemed at any time, the Trustee will select Notes of such series for redemption as follows: (i) if the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchange; or (ii) if the Notes are not so listed, on a pro rata basis, by lot or by such method as the Trustee will deem fair and appropriate; or (iii) if the Notes are included in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection as the Trustee deems appropriate. Subject to the foregoing and the Supplemental Indenture relating to any series of Notes (or, in the case of the 2023 Notes, Article 4), Notes or portions of Notes the Trustee selects for redemption shall be in minimum amounts of $1,000 or integral multiples of $1,000. (b) If Notes of any series are to be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of the principal amount of such Notes that is to be redeemed. In the event that one or more of such Notes becomes subject to redemption in part only, upon surrender of any such Notes for payment of the Redemption Price, together with interest accrued to but excluding the applicable Redemption Date, the Issuer shall execute and the Trustee shall authenticate and deliver without charge to the Holder thereof or upon the Holder’s order one or more new Notes of such series for the unredeemed part of the principal amount of the Notes so surrendered or, with respect to Global Notes, the Trustee shall make notations on the Global Notes of the principal amount thereof so redeemed. Unless the context otherwise requires, the terms “Note” or “Notes” as used in this Article 6 shall be deemed to mean or include any part of the principal amount of any Note which in accordance with the foregoing provisions has become subject to redemption.
Appears in 3 contracts
Samples: Trust Indenture (Columbia Care Inc.), Trust Indenture (Columbia Care Inc.), Trust Indenture
Partial Redemption. (a) If less than all of the Notes Debentures of any series for the time being outstanding are at any time to be redeemed, or if a portion of the Debentures being redeemed at any timeare being redeemed for cash and a portion of such Debentures are being redeemed by the payment of Freely Tradable Common Shares pursuant to Section 4.6, the Trustee will select Notes of such series for redemption as follows:
(i) if Debentures to be so redeemed shall be selected by the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchange; or
(ii) if the Notes are not so listed, Debenture Agent on a pro rata basis, by lot basis to the nearest multiple of $1,000 in accordance with the principal amount of the Debentures registered in the name of each holder or by in such method other manner as the Trustee will deem fair and appropriate; or
(iii) if the Notes are included in global form based on a method required by CDSDebenture Agent deems equitable, or, a method that most nearly approximates a pro rata selection as the Trustee deems appropriate. Subject subject to the foregoing and approval of the Supplemental Indenture relating TSX-V or such other exchange on which the Debentures are then listed, as may be required from time to time. Unless otherwise specifically provided in the terms of any series of Notes (orDebentures, in the case of the 2023 Notes, Article 4), Notes or portions of Notes the Trustee selects for redemption no Debenture shall be in minimum amounts of $1,000 or integral multiples of $1,000.
(b) If Notes of any series are to be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of unless the principal amount redeemed is $1,000 or a multiple thereof. For this purpose, the Debenture Agent may make, and from time to time vary, regulations with respect to the manner in which such Debentures may be drawn for redemption in part or for redemption in cash and regulations so made shall be valid and binding upon all holders of such Notes Debentures notwithstanding the fact that is as a result thereof one or more of such Debentures may become subject to be redeemedredemption in part only or for cash only. In the event that one or more of such Notes Debentures becomes subject to redemption in part only, upon surrender of any such Notes Debentures for payment of the Redemption Price, together with interest accrued to but excluding the applicable Redemption Date, the Issuer Corporation shall execute and the Trustee Debenture Agent shall authenticate certify and deliver without charge to the Holder holder thereof or upon the Holderholder’s order one or more new Notes of such series Debentures for the unredeemed part of the principal amount of the Notes Debenture or Debentures so surrendered or, with respect to a Global NotesDebenture, the Trustee Depository shall make notations on the Global Notes Debenture of the principal amount thereof so redeemed. Unless the context otherwise requires, the terms “NoteDebenture” or “NotesDebentures” as used in this Article 6 4 shall be deemed to mean or include any part of the principal amount of any Note Debenture which in accordance with the foregoing provisions has become subject to redemption.
Appears in 2 contracts
Samples: Debenture Indenture (Amaya Gaming Group Inc.), Debenture Indenture (Amaya Gaming Group Inc.)
Partial Redemption. (a) If less than all the Debentures for the time being outstanding are at any time to be redeemed, or if a portion of the Notes Debentures being redeemed are being redeemed for cash and a portion of any series such Debentures are being redeemed by the payment of Freely Tradeable Common Shares pursuant to Section 4.6, then the Debentures to be so redeemed at any time, will be selected by the Debenture Trustee will select Notes of such series for redemption as follows:
(i) if the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchange; or
(ii) if the Notes are not so listed, on a pro rata basis, by lot or by such method as the Trustee will deem fair and appropriate; or
(iii) if the Notes are included in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection as the Trustee deems appropriate. Subject basis to the foregoing and the Supplemental Indenture relating to any series of Notes (or, in the case of the 2023 Notes, Article 4), Notes or portions of Notes the Trustee selects for redemption shall be in minimum amounts nearest multiple of $1,000 in accordance with the principal amount of the Debentures registered in the name of each holder or integral multiples in such other manner as the Debenture Trustee deems equitable, subject to the approval of $1,000.
the TSXV (b) If Notes of any series are or such other stock exchange on which the Debentures may be listed and posted for trading), as may be required from time to time. No Debenture will be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of unless the principal amount redeemed is $1,000 or a multiple thereof. For this purpose, the Debenture Trustee may make, and from time to time vary, regulations with respect to the manner in which such Debentures may be drawn for redemption in part or for redemption in cash and regulations so made will be valid and binding upon all holders of such Notes Debentures notwithstanding the fact that is as a result thereof one or more of such Debentures may become subject to be redeemedredemption in part only or for cash only. In the event that one or more of such Notes Debentures becomes subject to redemption in part only, upon surrender of any such Notes Debentures for payment of the Redemption Price, together with interest accrued to but excluding the applicable Redemption Date, the Issuer shall Corporation will execute and the Debenture Trustee shall authenticate will certify and deliver without charge to the Holder holder thereof or upon the Holderholder’s order one or more new Notes of such series Debentures for the unredeemed part of the principal amount of the Notes Debenture or Debentures so surrendered or, with respect to a Global NotesDebenture, the Trustee shall make Debenture Trustee, will make, or have made, notations on the Global Notes Debenture (or in the case of an uncertificated Global Debenture, in accordance with the Debenture Trustee’s Internal Procedures) of the principal amount thereof so redeemed. Unless the context otherwise requires, the terms “NoteDebenture” or “NotesDebentures” as used in this Article 6 shall be 4 is deemed to mean or include any part of the principal amount of any Note Debenture which in accordance with the foregoing provisions has become subject to redemption.
Appears in 2 contracts
Samples: Trust Indenture (IntelGenx Technologies Corp.), Trust Indenture (IntelGenx Technologies Corp.)
Partial Redemption. (a) If less than all of the Notes Debentures of any series for the time being outstanding are at any time to be redeemed at any timeredeemed, the Debentures to be so redeemed shall be selected by the Debenture Trustee will select Notes of such series for redemption as follows:
(i) if the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchange; or
(ii) if the Notes are not so listed, on a pro rata basis, by lot basis to the nearest multiple of $1,000 in accordance with the principal amount of the Debentures registered in the name of each holder or by in such method other manner as the Trustee will deem fair and appropriate; or
(iii) if the Notes are included in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection as the Debenture Trustee deems appropriate. Subject equitable, subject to the foregoing and approval of the Supplemental Indenture relating to Toronto Stock Exchange. Unless otherwise specifically provided in the terms of any series of Notes (orDebentures, in the case of the 2023 Notes, Article 4), Notes or portions of Notes the Trustee selects for redemption no Debenture shall be in minimum amounts of $1,000 or integral multiples of $1,000.
(b) If Notes of any series are to be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of unless the principal amount redeemed is $1,000 or a multiple thereof. For this purpose, the Debenture Trustee may make, and from time to time vary, regulations with respect to the manner in which such Debentures may be drawn for redemption and regulations so made shall be valid and binding upon all holders of such Notes Debentures notwithstanding the fact that is as a result thereof one or more of such Debentures may become subject to be redeemedredemption in part only. In the event that one or more of such Notes Debentures becomes subject to redemption in part only, upon surrender of any such Notes Debentures for payment of the Redemption Price, together with interest accrued to but excluding the applicable Redemption Date, the Issuer Trust shall execute and the Debenture Trustee shall authenticate certify and deliver without charge to the Holder holder thereof or upon the Holder’s holder's order one or more new Notes of such series Debentures for the unredeemed part of the principal amount of the Notes Debenture or Debentures so surrendered or, with respect to a Global NotesDebenture, the Trustee Depository shall make notations on the Global Notes Debenture of the principal amount thereof so redeemed. Unless the context otherwise requires, the terms “Note” "Debenture" or “Notes” "Debentures" as used in this Article 6 4 shall be deemed to mean or include any part of the principal amount of any Note Debenture which in accordance with the foregoing provisions has become subject to redemption.
Appears in 2 contracts
Samples: Trust Indenture (Penn West Energy Trust), Trust Indenture (Penn West Energy Trust)
Partial Redemption. (a) If less than all of the Notes Debentures of any series for the time being outstanding are at any time to be redeemed at any timeunder Section 2.4(f), the Debentures to be so redeemed shall be selected by the Trustee will select Notes of such series for redemption as follows:
(i) if the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchange; or
(ii) if the Notes are not so listed, on a pro rata basis, by lot basis to the nearest multiple of $1,000 in accordance with the principal amount of the Debentures registered in the name of each holder or by in such method as the Trustee will deem fair and appropriate; or
(iii) if the Notes are included in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection other manner as the Trustee deems appropriate. Subject equitable, subject to the foregoing and approval of any exchange on which the Supplemental Indenture relating Debentures may be listed, if any, as may be required from time to time. Unless otherwise specifically provided in the terms of any series of Notes (orDebentures, in the case of the 2023 Notes, Article 4), Notes or portions of Notes the Trustee selects for redemption no Debenture shall be in minimum amounts of $1,000 or integral multiples of $1,000.
(b) If Notes of any series are to be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of unless the principal amount redeemed is $1,000 or a multiple thereof. For this purpose, the Trustee may make, and from time to time vary, regulations with respect to the manner in which such Debentures may be drawn for redemption and regulations so made shall be valid and binding upon all holders of such Notes Debentures notwithstanding that is as a result thereof one or more of such Debentures may become subject to be redeemedredemption in part only or for cash only. In the event that one or more of such Notes Debentures becomes subject to redemption in part only, upon surrender of any such Notes Debentures for payment of the Redemption Price, together with interest accrued to but excluding the applicable Redemption Date, the Issuer Corporation shall execute and the Trustee shall authenticate certify and deliver without charge to the Holder holder thereof or upon the Holder’s holder's order one or more new Notes of such series Debentures for the unredeemed part of the principal amount of the Notes Debenture or Debentures so surrendered or, with respect to a Global NotesDebenture, the Trustee shall make notations on the Global Notes Debenture of the principal amount thereof so redeemed. Unless the context otherwise requires, the terms “Note” "Debenture" or “Notes” "Debentures" as used in this Article 6 4 shall be deemed to mean or include any part of the principal amount of any Note Debenture which in accordance with the foregoing provisions has become subject to redemption.
Appears in 2 contracts
Samples: Convertible Debenture Indenture (Crailar Technologies Inc), Convertible Debenture Indenture (Crailar Technologies Inc)
Partial Redemption. (a) If less than all the Debentures for the time being outstanding are at any time to be redeemed, the Corporation shall, at least 15 days before the date upon which the Redemption Notice is to be given, notify the Trustee by a Written Direction of the Notes Corporation of any series are its intention to redeem such Debentures and of the aggregate principal amount of Debentures to be redeemed. The Debentures to be so redeemed at any time, shall be selected by the Trustee will select Notes of such series for redemption as follows:
(i) if the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchange; or
(ii) if the Notes are not so listed, on a pro rata basisbasis to the nearest multiple of $1,000 in accordance with the principal amount of the Debentures registered in the name of each holder, or (ii) by lot or by in such method as the Trustee will deem fair and appropriate; or
(iii) if the Notes are included in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection manner as the Trustee deems appropriate. Subject to the foregoing and the Supplemental Indenture relating equitable, subject to any series of Notes (or, in the case required approval of the 2023 Notesexchange or market on which the Debentures are then listed, Article 4), Notes or portions of Notes the Trustee selects for redemption as may be required from time to time. No Debenture shall be in minimum amounts of $1,000 or integral multiples of $1,000.
(b) If Notes of any series are to be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of unless the principal amount redeemed is $1,000 or a multiple thereof. For this purpose, the Trustee may make, and from time to time vary, regulations with respect to the manner in which such Debentures may be drawn for redemption and regulations so made shall be valid and binding upon all holders of such Notes Debentures notwithstanding the fact that is as a result thereof one or more of such Debentures may become subject to be redeemedredemption in part only. In the event that one or more of such Notes Debentures becomes subject to redemption in part only, upon surrender of any such Notes Debentures for payment of the Redemption Price, together with interest accrued but unpaid to but excluding the applicable Redemption Date, the Issuer Corporation shall execute and the Trustee shall authenticate certify and deliver without charge to the Holder holder thereof or upon the Holderholder’s order one or more new Notes of such series Debentures for the unredeemed part of the principal amount of the Notes Debenture or Debentures so surrendered or, with respect to Global Notes, the Trustee shall make notations on the Global Notes of the principal amount thereof so redeemedsurrendered. Unless the context otherwise requires, the terms “NoteDebenture” or “NotesDebentures” as used in this Article 6 4 shall be deemed to mean or include any part of the principal amount of any Note Debenture which in accordance with the foregoing provisions has become subject to redemption.
Appears in 2 contracts
Samples: Trust Indenture (NexGen Energy Ltd.), Trust Indenture (NexGen Energy Ltd.)
Partial Redemption. (a) If less than all the Debentures for the time being outstanding are at any time to be redeemed, the Corporation shall, at least 15 days before the date upon which the Redemption Notice is to be given, notify the Trustee by a Written Direction of the Notes Corporation of any series are its intention to redeem such Debentures and of the aggregate principal amount of Debentures to be redeemed. The Debentures to be so redeemed at any time, shall be selected by the Trustee will select Notes of such series for redemption as follows:
(i) if the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchange; or
(ii) if the Notes are not so listed, on a pro rata basisbasis to the nearest multiple of $1,000 in accordance with the principal amount of the Debentures registered in the name of each holder, or (ii) by lot or by in such method as the Trustee will deem fair and appropriate; or
(iii) if the Notes are included in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection manner as the Trustee deems appropriate. Subject to the foregoing and the Supplemental Indenture relating equitable, subject to any series of Notes (or, in the case required approval of the 2023 NotesTSX, Article 4)the TSX-V or such other exchange on which the Debentures are then listed, Notes or portions of Notes the Trustee selects for redemption as may be required from time to time. No Debenture shall be in minimum amounts of $1,000 or integral multiples of $1,000.
(b) If Notes of any series are to be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of unless the principal amount redeemed is $1,000 or a multiple thereof. For this purpose, the Trustee may make, and from time to time vary, regulations with respect to the manner in which such Debentures may be drawn for redemption and regulations so made shall be valid and binding upon all holders of such Notes Debentures notwithstanding the fact that is as a result thereof one or more of such Debentures may become subject to be redeemedredemption in part only. In the event that one or more of such Notes Debentures becomes subject to redemption in part only, upon surrender of any such Notes Debentures for payment of the Redemption Price, together with interest accrued but unpaid to but excluding the applicable Redemption Date, the Issuer Corporation shall execute and the Trustee shall authenticate certify and deliver without charge to the Holder holder thereof or upon the Holderholder’s order one or more new Notes of such series Debentures for the unredeemed part of the principal amount of the Notes Debenture or Debentures so surrendered or, with respect to Global Notes, the Trustee shall make notations on the Global Notes of the principal amount thereof so redeemedsurrendered. Unless the context otherwise requires, the terms “NoteDebenture” or “NotesDebentures” as used in this Article 6 4 shall be deemed to mean or include any part of the principal amount of any Note Debenture which in accordance with the foregoing provisions has become subject to redemption.
Appears in 2 contracts
Samples: Trust Indenture (NexGen Energy Ltd.), Trust Indenture
Partial Redemption. (a) If less than all the Debentures for the time being outstanding are at any time to be redeemed, or if a portion of the Notes Debentures being redeemed are being redeemed for cash and a portion of any series such Debentures are being redeemed by the payment of Shares pursuant to Section 4.6, the Debentures to be so redeemed at any time, shall be selected by the Debenture Trustee will select Notes of such series for redemption as follows:
(i) if the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchange; or
(ii) if the Notes are not so listed, on a pro rata basis, by lot or by such method as the Trustee will deem fair and appropriate; or
(iii) if the Notes are included in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection as the Trustee deems appropriate. Subject basis to the foregoing and the Supplemental Indenture relating to any series of Notes (or, in the case of the 2023 Notes, Article 4), Notes or portions of Notes the Trustee selects for redemption shall be in minimum amounts nearest multiple of $1,000 in accordance with the principal amount of the Debentures registered in the name of each holder or integral multiples in such other manner as the Debenture Trustee deems equitable, subject to the approval of $1,000.
(b) If Notes of any series the TSX or such other exchange on which the Debentures are then listed, as may be required from time to time. No Debenture shall be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of unless the principal amount redeemed is $1,000 or a multiple thereof. For this purpose, the Debenture Trustee may make, and from time to time vary, regulations with respect to the manner in which such Debentures may be drawn for redemption in part or for redemption in cash and regulations so made shall be valid and binding upon all holders of such Notes Debentures notwithstanding the fact that is as a result thereof one or more of such Debentures may become subject to be redeemedredemption in part only or for cash only. In the event that one or more of such Notes Debentures becomes subject to redemption in part only, upon surrender of any such Notes Debentures for payment of the Redemption Price, together with with, if accrued interest is not included in the Redemption Price, interest accrued to but excluding the applicable Redemption Date, the Issuer Corporation shall execute and the Debenture Trustee shall authenticate certify and deliver without charge to the Holder holder thereof or upon the Holder’s holder's order one or more new Notes of such series Debentures for the unredeemed part of the principal amount of the Notes Debenture or Debentures so surrendered or, with respect to a Global NotesDebenture, the Trustee Depository shall make notations on the Global Notes Debenture of the principal amount thereof so redeemed. Unless the context otherwise requires, the terms “Note” "Debenture" or “Notes” "Debentures" as used in this Article 6 4 shall be deemed to mean or include any part of the principal amount of any Note Debenture which in accordance with the foregoing provisions has become subject to redemption.
Appears in 2 contracts
Samples: Convertible Debenture Indenture (Transglobe Energy Corp), Convertible Debenture Indenture (Transglobe Energy Corp)
Partial Redemption. (a) If less than all of the Notes of any series are to be redeemed at any time, the Trustee will select Notes of such series for redemption as follows:
(i) if the Notes are listed on any national securities exchangeexchange in Canada or the United States, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchange; or
(ii) if the Notes are not so listed, on a pro rata basis, by lot or by such method as the Trustee will deem fair and appropriate; or
(iii) if the Notes are included in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection as the Trustee deems appropriate. Subject to the foregoing and the Supplemental Indenture relating to any series of Notes (or, in the case of the 2023 2024 Notes, Article 43), Notes or portions of Notes the Trustee selects for redemption shall be in minimum amounts of $1,000 or integral multiples of $1,000.
(b) If Notes of any series are to be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of the principal amount of such Notes that is to be redeemed. In the event that one or more of such Notes becomes subject to redemption in part only, upon surrender of any such Notes for payment of the Redemption Price, together with interest accrued to but excluding the applicable Redemption Date, the Issuer shall execute and the Trustee shall authenticate and deliver without charge to the Holder thereof or upon the Holder’s order one or more new Notes of such series for the unredeemed part of the principal amount of the Notes so surrendered or, with respect to Global Notes, the Trustee shall make notations on the Global Notes of the principal amount thereof so redeemed. Unless the context otherwise requires, the terms “Note” or “Notes” as used in this Article 6 5 shall be deemed to mean or include any part of the principal amount of any Note which in accordance with the foregoing provisions has become subject to redemption.
Appears in 2 contracts
Samples: Trust Indenture, Trust Indenture
Partial Redemption. (a) If less than all of the Notes of Debentures for the time being outstanding are at any series are time to be redeemed at any timeunder Section 2.2(d), the Debentures to be so redeemed shall be selected by the Trustee will select Notes of such series for redemption as follows:
(i) if the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchange; or
(ii) if the Notes are not so listed, on a pro rata basis, by lot basis to the nearest multiple of $1,000 in accordance with the principal amount of the Debentures registered in the name of each holder or by in such method as the Trustee will deem fair and appropriate; or
(iii) if the Notes are included in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection other manner as the Trustee deems appropriate. Subject equitable, subject to the foregoing and approval of any the Supplemental Indenture relating TSXV or any other Recognized Stock Exchange, if any, as may be required from time to any series of Notes (ortime. For this purpose, in the case of the 2023 Notes, Article 4), Notes or portions of Notes the Trustee selects may make, and from time to time vary, regulations with respect to the manner in which such Debentures may be drawn for redemption and regulations so made shall be in minimum amounts valid and binding upon all holders of $1,000 such Debentures notwithstanding that as a result thereof one or integral multiples more of $1,000.
(b) If Notes of any series are such Debentures may become subject to be redeemed redemption in part only or for cash only, the Redemption Notice that relates to such Notes will state the portion of the principal amount of such Notes that is to be redeemed. In the event that one or more of such Notes Debentures becomes subject to redemption in part only, upon surrender of any such Notes Debentures for payment of the Redemption Price, together with interest accrued to but excluding the applicable Redemption Date, the Issuer Corporation shall execute and the Trustee shall authenticate certify and deliver without charge to the Holder holder thereof or upon the Holderholder’s order one or more new Notes of such series Debentures for the unredeemed part of the principal amount of the Notes Debenture or Debentures so surrendered or, with respect to a Global NotesDebenture, the Trustee shall make notations on the Global Notes Debenture of the principal amount thereof so redeemed. Unless the context otherwise requires, the terms “NoteDebenture” or “NotesDebentures” as used in this Article 6 4 shall be deemed to mean or include any part of the principal amount of any Note Debenture which in accordance with the foregoing provisions has become subject to redemption.
Appears in 2 contracts
Samples: Convertible Debenture Indenture, Convertible Debenture Indenture
Partial Redemption. (a) If less than all of the Notes of any series are to be redeemed at any time, the Trustee will select Notes of such series for redemption as follows:
(i) if the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchange; or
(ii) if the Notes are not so listed, on a pro rata basis, by lot or by such method as the Trustee will deem fair and appropriate; or
(iii) if the Notes are included in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection as the Trustee deems appropriate. Subject to the foregoing and the Supplemental Indenture relating to any series of Notes (or, in the case of the 2023 2024 Notes, Article 43), Notes or portions of Notes the Trustee selects for redemption shall be in minimum amounts of $1,000 or integral multiples of $1,000.
(b) If Notes of any series are to be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of the principal amount of such Notes that is to be redeemed. In the event that one or more of such Notes becomes subject to redemption in part only, upon surrender of any such Notes for payment of the Redemption Price, together with interest accrued to but excluding the applicable Redemption Date, the Issuer shall execute and the Trustee shall authenticate and deliver without charge to the Holder thereof or upon the Holder’s order one or more new Notes of such series for the unredeemed part of the principal amount of the Notes so surrendered or, with respect to Global Notes, the Trustee shall make notations on the Global Notes of the principal amount thereof so redeemed. Unless the context otherwise requires, the terms “Note” or “Notes” as used in this Article 6 5 shall be deemed to mean or include any part of the principal amount of any Note which in accordance with the foregoing provisions has become subject to redemption.
Appears in 2 contracts
Samples: Trust Indenture (Trulieve Cannabis Corp.), Trust Indenture
Partial Redemption. (a) If less than all of the Notes Debentures of any series for the time being outstanding are at any time to be redeemed, or if a portion of the Debentures being redeemed at any timeare being redeemed for cash and a portion of such Debentures are being redeemed by the payment of Freely Tradeable Common Shares pursuant to Section 4.6, the Trustee will select Notes of such series for redemption as follows:
(i) if Debentures to be so redeemed shall be selected by the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchange; or
(ii) if the Notes are not so listed, Trustees on a pro rata basis, by lot basis to the nearest multiple of $1,000 in accordance with the principal amount of the Debentures registered in the name of each holder or by in such method other manner as the Trustee will deem fair and appropriate; or
(iii) if the Notes are included in global form based on a method required by CDSTrustees deems equitable, or, a method that most nearly approximates a pro rata selection as the Trustee deems appropriate. Subject subject to the foregoing and approval of the Supplemental Indenture relating Toronto Stock Exchange or such other exchange on which the Debentures are then listed, as may be required from time to time. Unless otherwise specifically provided in the terms of any series of Notes (orDebentures, in the case of the 2023 Notes, Article 4), Notes or portions of Notes the Trustee selects for redemption no Debenture shall be in minimum amounts of $1,000 or integral multiples of $1,000.
(b) If Notes of any series are to be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of unless the principal amount redeemed is $1,000 or a multiple thereof. For this purpose, the Trustees may make, and from time to time vary, regulations with respect to the manner in which such Debentures may be drawn for redemption and regulations so made shall be valid and binding upon all holders of such Notes Debentures notwithstanding that is as a result thereof one or more of such Debentures may become subject to be redeemedredemption in part only or for cash only. In the event that one or more of such Notes Debentures becomes subject to redemption in part only, upon surrender of any such Notes Debentures for payment of the Redemption Price, together with interest accrued to but excluding the applicable Redemption Date, the Issuer Corporation shall execute and the Trustee Trustees shall authenticate certify and deliver without charge to the Holder holder thereof or upon the Holderholder’s order one or more new Notes of such series Debentures for the unredeemed part of the principal amount of the Notes Debenture or Debentures so surrendered or, with respect to a Global NotesDebenture, the Trustee Trustees shall make notations on the Global Notes Debenture of the principal amount thereof so redeemed. Unless the context otherwise requires, the terms “NoteDebenture” or “NotesDebentures” as used in this Article 6 4 shall be deemed to mean or include any part of the principal amount of any Note Debenture which in accordance with the foregoing provisions has become subject to redemption.
Appears in 2 contracts
Samples: Convertible Debenture Indenture (Energy Fuels Inc), Convertible Debenture Indenture (Energy Fuels Inc)
Partial Redemption. (a) If less than all the Debentures for the time being outstanding are at any time to be redeemed, the Corporation shall, at least 15 days before the date upon which the Redemption Notice is to be given, notify the Trustee by a Written Direction of the Notes Corporation of any series are its intention to redeem such Debentures and of the aggregate principal amount of Debentures to be redeemed. The Debentures to be so redeemed at any time, shall be selected by the Trustee will select Notes of such series for redemption as follows:
(i) if the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchange; or
(ii) if the Notes are not so listed, on a pro rata basisbasis to the nearest multiple of $1,000 in accordance with the principal amount of the Debentures registered in the name of each holder, or (ii) to the extent such pro rata allocation is not possible, by lot or by in such method as the Trustee will deem fair and appropriate; or
(iii) if the Notes are included in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection manner as the Trustee deems appropriate. Subject to the foregoing and the Supplemental Indenture relating equitable, subject to any series of Notes (or, in the case required approval of the 2023 Notesexchange or market on which the Debentures are then listed, Article 4), Notes or portions of Notes the Trustee selects for redemption as may be required from time to time. No Debenture shall be in minimum amounts of $1,000 or integral multiples of $1,000.
(b) If Notes of any series are to be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of unless the principal amount redeemed is $1,000 or a multiple thereof. For this purpose, the Trustee may make, and from time to time vary, regulations with respect to the manner in which such Debentures may be drawn for redemption and regulations so made shall be valid and binding upon all holders of such Notes Debentures notwithstanding the fact that is as a result thereof one or more of such Debentures may become subject to be redeemedredemption in part only. In the event that one or more of such Notes Debentures becomes subject to redemption in part only, upon surrender of any such Notes Debentures for payment of the Redemption Price, together with interest accrued but unpaid to but excluding the applicable Redemption Date, the Issuer Corporation shall execute and the Trustee shall authenticate certify and deliver without charge to the Holder holder thereof or upon the Holderholder’s order one or more new Notes of such series Debentures for the unredeemed part of the principal amount of the Notes Debenture or Debentures so surrendered or, with respect to Global Notes, the Trustee shall make notations on the Global Notes of the principal amount thereof so redeemedsurrendered. Unless the context otherwise requires, the terms “NoteDebenture” or “NotesDebentures” as used in this Article 6 4 shall be deemed to mean or include any part of the principal amount of any Note Debenture which in accordance with the foregoing provisions has become subject to redemption.
Appears in 2 contracts
Samples: Trust Indenture (NexGen Energy Ltd.), Trust Indenture (NexGen Energy Ltd.)
Partial Redemption. (a) If less than all of the Notes Debentures of any series for the time being outstanding are at any time to be redeemed at any timeredeemed, the Debentures to be so redeemed shall be selected by the Debenture Trustee will select Notes of such series for redemption as follows:
(i) if the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchange; or
(ii) if the Notes are not so listed, on a pro rata basis, by lot basis to the nearest multiple of $100 in accordance with the principal amount of the Debentures registered in the name of each holder or by in such method other manner as the Trustee will deem fair and appropriate; or
(iii) if the Notes are included in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection as the Debenture Trustee deems appropriate. Subject equitable, subject to the foregoing and approval of the Supplemental Indenture relating to TSX. Unless otherwise specifically provided in the terms of any series of Notes (orDebentures, in the case of the 2023 Notes, Article 4), Notes or portions of Notes the Trustee selects for redemption no Debenture shall be in minimum amounts of $1,000 or integral multiples of $1,000.
(b) If Notes of any series are to be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of unless the principal amount redeemed is $100 or a multiple thereof. For this purpose, the Debenture Trustee may make, and from time to time vary, regulations with respect to the manner in which such Debentures may be drawn for redemption in part or for redemption in cash and regulations so made shall be valid and binding upon all holders of such Notes Debentures notwithstanding the fact that is as a result thereof one or more of such Debentures may become subject to be redeemedredemption in part only or for cash only. In the event that one or more of such Notes Debentures becomes subject to redemption in part only, upon surrender of any such Notes Debentures for payment of the Redemption Price, together with interest accrued to but excluding the applicable Redemption Call Date, the Issuer Company shall execute and the Debenture Trustee shall authenticate certify and deliver without charge to the Holder holder thereof or upon the Holderholder’s order one or more new Notes of such series Debentures for the unredeemed part of the principal amount of the Notes Debenture or Debentures so surrendered or, with respect to a Global NotesDebenture, the Trustee Depository shall make notations on the Global Notes Debenture of the principal amount thereof so redeemed. Unless the context otherwise requires, the terms “NoteDebenture” or “NotesDebentures” as used in this Article 6 4 shall be deemed to mean or include any part of the principal amount of any Note Debenture which in accordance with the foregoing provisions has become subject to redemption.
Appears in 2 contracts
Samples: Trust Indenture (Constellation Software Inc), Trust Indenture (Constellation Software Inc)
Partial Redemption. (a) If less than all of the Notes Debentures of any series for the time being outstanding are at any time to be redeemed, or if a portion of the Debentures being redeemed at any timeare being redeemed for cash and a portion of such Debentures are being redeemed by the payment of Freely Tradeable Common Shares pursuant to Section 4.6, the Debentures to be so redeemed shall be selected by the Trustee will select Notes of such series for redemption as follows:
(i) if the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchange; or
(ii) if the Notes are not so listed, on a pro rata basis, by lot basis to the nearest multiple of $1,000 in accordance with the principal amount of the Debentures registered in the name of each holder or by in such method as the Trustee will deem fair and appropriate; or
(iii) if the Notes are included in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection other manner as the Trustee deems appropriate. Subject equitable, subject to the foregoing and approval of the Supplemental Indenture relating Toronto Stock Exchange or such other exchange on which the Debentures are then listed, as may be required from time to time. Unless otherwise specifically provided in the terms of any series of Notes (orDebentures, in the case of the 2023 Notes, Article 4), Notes or portions of Notes the Trustee selects for redemption no Debenture shall be in minimum amounts of $1,000 or integral multiples of $1,000.
(b) If Notes of any series are to be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of unless the principal amount redeemed is $1,000 or a multiple thereof. For this purpose, the Trustee may make, and from time to time vary, regulations with respect to the manner in which such Debentures may be drawn for redemption and regulations so made shall be valid and binding upon all holders of such Notes Debentures notwithstanding that is as a result thereof one or more of such Debentures may become subject to be redeemedredemption in part only. In the event that one or more of such Notes Debentures becomes subject to redemption in part only, upon surrender of any such Notes Debentures for payment of the Redemption Price, together with interest accrued to but excluding the applicable Redemption Date, the Issuer Company shall execute and the Trustee shall authenticate certify and deliver without charge to the Holder holder thereof or upon the Holderholder’s order one or more new Notes of such series Debentures for the unredeemed part of the principal amount of the Notes Debenture or Debentures so surrendered or, with respect to a Global NotesDebenture, the Trustee Depository shall make notations on the Global Notes Debenture of the principal amount thereof so redeemed. Unless the context otherwise requires, the terms “NoteDebenture” or “NotesDebentures” as used in this Article 6 4 shall be deemed to mean or include any part of the principal amount of any Note Debenture which in accordance with the foregoing provisions has become subject to redemption.
Appears in 2 contracts
Samples: Convertible Debenture Indenture, Convertible Debenture Indenture
Partial Redemption. (a) If less than all of the Notes Debentures of any series for the time being outstanding are at any time to be redeemed, or if a portion of the Debentures being redeemed at any timeare being redeemed for cash and a portion of such Debentures are being redeemed by the payment of Common Shares pursuant to Section 4.6, the Trustee Debentures will select Notes of such series for redemption as follows:
(i) if redeemed by the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchange; or
(ii) if the Notes are not so listed, Corporation on a pro rata basis, by lot or by such method as the Trustee will deem fair and appropriate; or
(iii) if the Notes are included in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection as the Trustee deems appropriate. Subject basis to the foregoing and nearest multiple of $1,000 in accordance with the Supplemental Indenture relating to principal amount of the Debentures registered in the name of each holder. Unless otherwise specifically provided in the terms of any series of Notes (orDebentures, in the case of the 2023 Notes, Article 4), Notes or portions of Notes the Trustee selects for redemption no Debenture shall be in minimum amounts of $1,000 or integral multiples of $1,000.
(b) If Notes of any series are to be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of unless the principal amount of such Notes that redeemed is to be redeemed$1,000 or a multiple thereof. In the event that one or more of such Notes Debentures becomes subject to redemption in part only, upon surrender of any such Notes Debentures for payment of the Redemption Price, together with accrued and unpaid interest accrued to but excluding the applicable Redemption Date, the Issuer Corporation shall execute and the Debenture Trustee shall authenticate certify and deliver without charge to the Holder holder thereof or upon the Holderholder’s order one or more new Notes of such series Debentures for the unredeemed part of the principal amount of the Notes Debenture or Debentures so surrendered or, with respect to a Global NotesDebenture, the Trustee Depository shall make notations on the Global Notes Debenture of the principal amount thereof so redeemedredeemed which notation shall be authenticated by the Debenture Trustee. Unless the context otherwise requires, the terms “NoteDebenture” or “NotesDebentures” as used in this Article 6 4 shall be deemed to mean or include any part of the principal amount of any Note Debenture which in accordance with the foregoing provisions has become subject to redemption.
Appears in 2 contracts
Samples: Trust Indenture (Red Mile Entertainment Inc), Trust Indenture (Red Mile Entertainment Inc)
Partial Redemption. (a) If less than all of the Notes Debt Securities of any series for the time being outstanding are at any time to be redeemed at any timeredeemed, the Debt Securities to be so redeemed shall be selected by the Indenture Trustee will select Notes of such series for redemption as follows:
(i) if the Notes are listed on any national securities exchangepro rata, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchange; or
(ii) if the Notes are not so listed, on a pro rata basis, or by lot or by such a method as that complies with the applicable legal and securities exchange requirements, if any, and that the Indenture Trustee will deem in its sole discretion considers fair and appropriate; or
(iii) if . The Indenture Trustee shall make the Notes are included selection from outstanding Debt Securities not previously called for redemption. Unless otherwise specifically provided in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection as the Trustee deems appropriate. Subject to the foregoing and the Supplemental Indenture relating to terms of any series of Notes (orDebt Securities, in the case of the 2023 Notes, Article 4), Notes or portions of Notes the Trustee selects for redemption no Debt Security shall be in minimum amounts of $1,000 or integral multiples of $1,000.
(b) If Notes of any series are to be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of unless the principal amount redeemed is $1,000 (or such amount as required by the applicable clearing house) or a whole multiple of $1,000 in excess thereof. For this purpose, the Indenture Trustee may make, and from time to time vary, regulations with respect to the manner in which such Debt Securities may be drawn for redemption and regulations so made shall be valid and binding upon all holders of such Notes Debt Securities notwithstanding that is as a result thereof one or more of such Debt Securities may become subject to be redeemedredemption in part only or for cash only. In the event that one or more of such Notes Debt Securities becomes subject to redemption in part only, upon surrender of any such Notes Debt Securities for payment of the Redemption Price, together with interest accrued to but excluding the applicable Redemption Date, the Issuer Baytex shall execute and the Indenture Trustee shall authenticate certify and deliver without charge to the Holder holder thereof or upon the Holder’s holder's order one or more new Notes of such series Debt Securities for the unredeemed part of the principal amount of the Notes Debt Security or Debt Securities so surrendered or, with respect to a Global NotesDebt Security, the Trustee Depository shall make notations on the Global Notes Debt Security of the principal amount thereof so redeemed. Unless the context otherwise requires, the terms “Note” "Debt Security " or “Notes” "Debt Securities" as used in this Article 6 4 shall be deemed to mean or include any part of the principal amount of any Note Debt Security which in accordance with the foregoing provisions has become subject to redemption. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption. The Indenture Trustee shall notify Baytex, the registrar and the paying agent promptly of the Debt Securities or portions of Debt Securities to be redeemed.
Appears in 2 contracts
Samples: Trust Indenture (Baytex Energy Corp.), Trust Indenture (Baytex Energy Corp.)
Partial Redemption. (a) If less than all the Debentures for the time being outstanding are at any time to be redeemed, the Corporation shall, at least 15 days before the date upon which the Redemption Notice is to be given, notify the Trustee by a Written Direction of the Notes Corporation of any series are its intention to redeem such Debentures and of the aggregate principal amount of Debentures to be redeemed. The Debentures to be so redeemed at any time, shall be selected by the Trustee will select Notes of such series for redemption as follows:
(i) if the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchange; or
(ii) if the Notes are not so listed, on a pro rata basisbasis to the nearest multiple of $1,000 in accordance with the principal amount of the Debentures registered in the name of each holder, or (ii) to the extent such pro rata allocation is not possible, by lot or by in such method as the Trustee will deem fair and appropriate; or
(iii) if the Notes are included in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection manner as the Trustee deems appropriate. Subject to the foregoing and the Supplemental Indenture relating equitable, subject to any series of Notes (or, in the case required approval of the 2023 Notesexchange or market on which the Debentures are then listed, Article 4), Notes or portions of Notes the Trustee selects for redemption as may be required from time to time. No Debenture shall be in minimum amounts of $1,000 or integral multiples of $1,000.
(b) If Notes of any series are to be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of unless the principal amount redeemed is $1,000 or a multiple thereof. For this purpose, the Trustee may make, and from time to time vary, regulations with respect to the manner in which such Debentures may be drawn for redemption and regulations so made shall be valid and binding upon all holders of such Notes Debentures notwithstanding the fact that is as a result thereof one or more of such Debentures may become subject to be redeemedredemption in part only. In the event that one or more of such Notes Debentures becomes subject to redemption in part only, upon surrender of any such Notes Debentures for payment of the Redemption Price, together with interest accrued but unpaid to but excluding the applicable Redemption Date, the Issuer Corporation shall execute and the Trustee shall authenticate certify and deliver without charge to the Holder holder thereof or upon the Holderholder’s order one or more new Notes of such series Debentures for the unredeemed part of the principal amount of the Notes Debenture or Debentures so surrendered or, with respect to Global Notes, the Trustee shall make notations on the Global Notes of the principal amount thereof so redeemedsurrendered. Unless the context otherwise requires, the terms “NoteDebenture” or “NotesDebentures” as used in this Article 6 4 shall be deemed to mean or include any part of the principal amount of any Note Debenture which in accordance with the foregoing provisions has become subject to redemption.
Appears in 1 contract
Samples: Trust Indenture
Partial Redemption. (a) If less than all of the Notes of any series are to be redeemed at any time, the Trustee will select Notes of such series for redemption as follows:
(i) if the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the such principal national securities exchange; or;
(ii) if the Notes are not so listed, on a pro rata basis, by lot or by such method as the Trustee will deem fair and appropriate; or
(iii) if the Notes are included issued in global form based on a the method required by CDS, or, a method that most must nearly approximates a pro rata selection as the Trustee deems appropriate. .
(b) Subject to the foregoing and the Supplemental Indenture relating to any series of Notes (or, in the case of the 2023 2029 Notes, Article 43), Notes or portions of Notes the Trustee selects for redemption shall be in minimum amounts of $1,000 or integral multiples of $1,000.
(bc) If Notes of any series are to be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of the principal amount of such Notes that is to be redeemed. In the event that one or more of such Notes becomes subject to redemption in part only, upon surrender of any such Notes for payment of the Redemption Price, together with interest accrued to but excluding the applicable Redemption Date, the Issuer shall execute and the Trustee shall authenticate and deliver without charge to the Holder thereof or upon the Holder’s order one or more new Notes of such series for the unredeemed part of the principal amount of the Notes so surrendered or, with respect to Global Notes, the Trustee shall make notations on the Global Notes (or in the case of uncertificated Global Notes, in accordance with the Trustee’s Internal Procedures) of the principal amount thereof so redeemed. Unless the context otherwise requires, the terms “Note” or “Notes” as used in this Article 6 5 shall be deemed to mean or include any part of the principal amount of any Note which in accordance with the foregoing provisions has become subject to redemption.
Appears in 1 contract
Partial Redemption. (a) If less than all of the Notes of for the time being outstanding are at any series are time to be redeemed at any timeredeemed, the Notes to be so redeemed shall be selected by the Trustee will select Notes of such series for redemption as follows:
(i) if the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchange; or
(ii) if the Notes are not so listed, on a pro rata basis, by lot or by such method as basis to the Trustee will deem fair and appropriate; or
(iii) if nearest multiple of $1,000 in accordance with the principal amount of the Notes are included registered in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection the name of each holder or in such other manner as the Trustee deems appropriate. Subject equitable, subject to the foregoing and approval of the Supplemental Indenture relating Exchange, as may be required from time to any series of Notes (or, time. Unless otherwise specifically provided in the case terms of the 2023 Notes, Article 4), Notes or portions of Notes the Trustee selects for redemption no Note shall be in minimum amounts of $1,000 or integral multiples of $1,000.
(b) If Notes of any series are to be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of unless the principal amount redeemed is $1,000 or a multiple thereof. For this purpose, the Trustee may make, and from time to time vary, regulations with respect to the manner in which such Notes may be drawn for redemption and regulations so made shall be valid and binding upon all holders of such Notes notwithstanding that is as a result thereof one or more of such Notes may become subject to be redeemedredemption in part only or for cash only. In the event that one or more of such Notes becomes subject to redemption in part only, upon surrender of any such Notes for payment of the Redemption Price or Common Shares at the Conversion Price, together with interest accrued to but excluding the applicable Redemption Date, the Issuer Corporation shall execute and the Trustee shall authenticate certify and deliver without charge to the Holder holder thereof or upon the Holderholder’s order one or more new Notes of such series for the unredeemed part of the principal amount of the Note or Notes so surrendered or, with respect to a Global NotesNote, the Trustee shall make notations on the Global Notes Note of the principal amount thereof so redeemed. Unless the context otherwise requires, the terms “Note” or “Notes” as used in this Article 6 shall be deemed to mean or include any part of the principal amount of any Note which in accordance with the foregoing provisions has become subject to redemption.
Appears in 1 contract
Samples: Indenture (Terrace Energy Corp)
Partial Redemption. (a) If less than all of the Notes Debentures of any series for the time being outstanding are at any time to be redeemed at any timeand such Debentures are not in the form of a Global Debenture, the REIT shall in each such case, at least 15 days before the date upon which the Redemption Notice is to be given, notify the Trustee will select Notes by a Written Direction of the REIT of its intention to redeem such series for redemption as follows:
Debentures and of the aggregate principal amount of Debentures to be redeemed. The Debentures to be so redeemed shall (subject to the consent of the TSX in the case of Debentures that are listed on the TSX) be selected by the Trustee (i) if the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchange; or
(ii) if the Notes are not so listed, on a pro rata basisbasis to the nearest multiple of $1,000 in accordance with the principal amount of the Debentures registered in the name of each holder, or (ii) by lot or by in such method manner as the Trustee will may deem fair and appropriate; or
(iii) if equitable. Unless otherwise specifically provided in the Notes are included in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection as the Trustee deems appropriate. Subject to the foregoing and the Supplemental Indenture relating to terms of any series of Notes (orDebentures, in the case of the 2023 Notes, Article 4), Notes or portions of Notes the Trustee selects for redemption no Debenture shall be in minimum amounts of $1,000 or integral multiples of $1,000.
(b) If Notes of any series are to be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of unless the principal amount redeemed is $1,000 or a multiple thereof. For this purpose, the Trustee may make, and from time to time vary, regulations with respect to the manner in which such Debentures may be drawn for redemption and regulations so made shall be valid and binding upon all holders of such Notes Debentures notwithstanding the fact that is as a result thereof one or more of such Debentures may become subject to be redeemedredemption in part only. In the event that one or more of such Notes Debentures becomes subject to redemption in part only, upon surrender of any such Notes Debentures for payment of the Redemption PricePrice (less any taxes required to be withheld), together with accrued and unpaid interest accrued (less any taxes required to be withheld) to but excluding the applicable Redemption Date, the Issuer REIT shall execute and the Trustee shall authenticate certify and deliver without charge to the Holder holder thereof or upon the Holderholder’s order one or more new Notes of such series Debentures for the unredeemed part of the principal amount of the Notes Debenture or Debentures so surrendered or, with respect to a Global NotesDebenture, the Trustee Depository shall make notations on the Global Notes Debenture of the principal amount thereof so redeemed. Unless the context otherwise requires, the terms “NoteDebenture” or “NotesDebentures” as used in this Article 6 4 shall be deemed to mean or include any part of the principal amount of any Note Debenture which in accordance with the foregoing provisions has become subject to redemption.
Appears in 1 contract
Samples: Trust Indenture
Partial Redemption. (a) If less than all of the Notes Debentures of any series for the time being outstanding are at any time to be redeemed, or if a portion of the Debentures being redeemed at any timeare being redeemed for cash and a portion of such Debentures are being redeemed by the payment of Freely Tradeable Common Shares pursuant to Section 4.6, the Debentures to be so redeemed shall be selected by the Trustee will select Notes of such series for redemption as follows:
(i) if the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchange; or
(ii) if the Notes are not so listed, on a pro rata basis, by lot basis to the nearest multiple of $1,000 in accordance with the principal amount of the Debentures registered in the name of each holder or by in such method as the Trustee will deem fair and appropriate; or
(iii) if the Notes are included in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection other manner as the Trustee deems appropriate. Subject equitable, subject to the foregoing and approval of the Supplemental Indenture relating Toronto Stock Exchange or such other exchange on which the Debentures are then listed, as may be required from time to time. Unless otherwise specifically provided in the terms of any series of Notes (orDebentures, in the case of the 2023 Notes, Article 4), Notes or portions of Notes the Trustee selects for redemption no Debenture shall be in minimum amounts of $1,000 or integral multiples of $1,000.
(b) If Notes of any series are to be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of unless the principal amount redeemed is $1,000 or a multiple thereof. For this purpose, the Trustee may make, and from time to time vary, regulations with respect to the manner in which such Debentures may be drawn for redemption and regulations so made shall be valid and binding upon all holders of such Notes Debentures notwithstanding that is as a result thereof one or more of such Debentures may become subject to be redeemedredemption in part only or for cash only. In the event that one or more of such Notes Debentures becomes subject to redemption in part only, upon surrender of any such Notes Debentures for payment of the Redemption Price, together with interest accrued to but excluding the applicable Redemption Date, the Issuer Corporation shall execute and the Trustee shall authenticate certify and deliver without charge to the Holder holder thereof or upon the Holder’s holder's order one or more new Notes of such series Debentures for the unredeemed part of the principal amount of the Notes Debenture or Debentures so surrendered or, with respect to a Global NotesDebenture, the Trustee shall make notations on the Global Notes Debenture of the principal amount thereof so redeemed. Unless the context otherwise requires, the terms “NoteDebenture” or “NotesDebentures” as used in this Article 6 4 shall be deemed to mean or include any part of the principal amount of any Note Debenture which in accordance with the foregoing provisions has become subject to redemption.
Appears in 1 contract
Partial Redemption. (a) If less than all of the Notes Debentures of any series for the time being outstanding are at any time to be redeemed, or if a portion of the Debentures being redeemed at any timeare being redeemed for cash and a portion of such Debentures are being redeemed by the payment of Freely Tradeable Common Shares pursuant to Section 4.6, the Debentures to be so redeemed shall be selected by the Trustee will select Notes of such series for redemption as follows:
(i) if the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchange; or
(ii) if the Notes are not so listed, on a pro rata basis, by lot basis to the nearest multiple of $1,000 in accordance with the principal amount of the Debentures registered in the name of each holder or by in such method as the Trustee will deem fair and appropriate; or
(iii) if the Notes are included in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection other manner as the Trustee deems appropriate. Subject equitable, subject to the foregoing and approval of the Supplemental Indenture relating Toronto Stock Exchange or such other exchange on which the Debentures are then listed, as may be required from time to time. Unless otherwise specifically provided in the terms of any series of Notes (orDebentures, in the case of the 2023 Notes, Article 4), Notes or portions of Notes the Trustee selects for redemption no Debenture shall be in minimum amounts of $1,000 or integral multiples of $1,000.
(b) If Notes of any series are to be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of unless the principal amount redeemed is $1,000 or a multiple thereof. For this purpose, the Trustee may make, and from time to time vary, regulations with respect to the manner in which such Debentures may be drawn for redemption and regulations so made shall be valid and binding upon all holders of such Notes Debentures notwithstanding that is as a result thereof one or more of such Debentures may become subject to be redeemedredemption in part only or for cash only. In the event that one or more of such Notes Debentures becomes subject to redemption in part only, upon surrender of any such Notes Debentures for payment of the Redemption Price, together with interest accrued to but excluding the applicable Redemption Date, the Issuer Corporation shall execute and the Trustee shall authenticate certify and deliver without charge to the Holder holder thereof or upon the Holderholder’s order one or more new Notes of such series Debentures for the unredeemed part of the principal amount of the Notes Debenture or Debentures so surrendered or, with respect to a Global NotesDebenture, the Trustee Depository shall make notations on the Global Notes Debenture of the principal amount thereof so redeemed. Unless the context otherwise requires, the terms “NoteDebenture” or “NotesDebentures” as used in this Article 6 4 shall be deemed to mean or include any part of the principal amount of any Note Debenture which in accordance with the foregoing provisions has become subject to redemption.
Appears in 1 contract
Partial Redemption. (a) If less than all of the Notes Debentures of any series for the time being outstanding are at any time to be redeemed, or if a portion of the Debentures being redeemed at any time, the Trustee will select Notes are being redeemed for cash and a portion of such series for redemption as follows:
(i) if Debentures are being redeemed by the Notes are listed on any national securities exchangepayment of Freely Tradeable Shares pursuant to Section 4.6, including then the Canadian Securities Exchange, in compliance with Debentures to be so redeemed must be selected by the requirements of the principal national securities exchange; or
(ii) if the Notes are not so listed, Debenture Trustee on a pro rata basis, by lot basis to the nearest multiple of $100 in accordance with the principal amount of the Debentures registered in the name of each holder or by in such method other manner as the Trustee will deem fair and appropriate; or
(iii) if the Notes are included in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection as the Debenture Trustee deems appropriate. Subject equitable, subject to the foregoing and approval of the Supplemental Indenture relating Toronto Stock Exchange, as may be required from time to time. Unless otherwise specifically provided in the terms of any series of Notes (orDebentures, in the case of the 2023 Notes, Article 4), Notes or portions of Notes the Trustee selects for redemption shall be in minimum amounts of $1,000 or integral multiples of $1,000.
(b) If Notes of any series are to no Debenture will be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of unless the principal amount redeemed is $100 or a multiple thereof. For this purpose, the Debenture Trustee may make, and from time to time vary, regulations with respect to the manner in which such Debentures may be drawn for redemption in part or for redemption in cash and regulations so made will be valid and binding upon all holders of such Notes Debentures notwithstanding the fact that is as a result thereof one or more of such Debentures may become subject to be redeemedredemption in part only or for cash only. In the event that one or more of such Notes Debentures becomes subject to redemption in part only, upon surrender of any such Notes Debentures for payment of the Redemption Price, together with interest accrued to but excluding the applicable Redemption Date, the Issuer shall Corporation must execute and the Debenture Trustee shall authenticate must certify and deliver without charge to the Holder holder thereof or upon the Holderholder’s order one or more new Notes of such series Debentures for the unredeemed part of the principal amount of the Notes Debenture or Debentures so surrendered or, with respect to a Global NotesDebenture, the Trustee shall Depositary must make notations on the Global Notes Debenture of the principal amount thereof so redeemed. Unless the context otherwise requires, the terms “NoteDebenture” or “NotesDebentures” as used in this Article 6 shall 4 is be deemed to mean or include any part of the principal amount of any Note Debenture which in accordance with the foregoing provisions has become subject to redemption.
Appears in 1 contract
Samples: Trust Indenture (Boralex Inc.)
Partial Redemption. (a) If less than all of the Notes Debentures of any series for the time being outstanding are at any time to be redeemed at any timeredeemed, the Debentures to be so redeemed shall be selected by the Debenture Trustee will select Notes of such series for redemption as follows:
(i) if the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchange; or
(ii) if the Notes are not so listed, on a pro rata basis, by lot basis to the nearest multiple of $1,000 in accordance with the principal amount of the Debentures registered in the name of each holder or by in such method other manner as the Trustee will deem fair and appropriate; or
(iii) if the Notes are included in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection as the Debenture Trustee deems appropriate. Subject equitable, subject to the foregoing and approval of the Supplemental Indenture relating to Toronto Stock Exchange. Unless otherwise specifically provided in the terms of any series of Notes (orDebentures, in the case of the 2023 Notes, Article 4), Notes or portions of Notes the Trustee selects for redemption no Debenture shall be in minimum amounts of $1,000 or integral multiples of $1,000.
(b) If Notes of any series are to be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of unless the principal amount redeemed is $1,000 or a multiple thereof. For this purpose, the Debenture Trustee may make, and from time to time vary, regulations with respect to the manner in which such Debentures may be drawn for redemption and regulations so made shall be valid and binding upon all holders of such Notes Debentures notwithstanding the fact that is as a result thereof one or more of such Debentures may become subject to be redeemedredemption in part only. In the event that one or more of such Notes Debentures becomes subject to redemption in part only, upon surrender of any such Notes Debentures for payment of the Redemption Price, together with interest accrued to but excluding the applicable Redemption Date, the Issuer Trust shall execute and the Debenture Trustee shall authenticate certify and deliver without charge to the Holder holder thereof or upon the Holder’s holder's order one or more new Notes of such series Debentures for the unredeemed part of the principal amount of the Notes Debenture or Debentures so surrendered or, with respect to a Global NotesDebenture, the Trustee Depository shall make notations on the Global Notes Debenture of the principal amount thereof so redeemed. Unless the context otherwise requires, the terms “Note” "Debenture" or “Notes” Debentures" as used in this Article 6 4 shall be deemed to mean or include any part of the principal amount of any Note Debenture which in accordance with the foregoing provisions has become subject to redemption.
Appears in 1 contract
Partial Redemption. (a) If less than all of the Notes Debentures of any series for the time being outstanding are at any time to be redeemed, or if a portion of the Debentures being redeemed at any timeare being redeemed for cash and a portion of such Debentures are being redeemed by the payment of Freely Tradeable Units pursuant to Section 4.6, the Debentures to be so redeemed shall be selected by the Debenture Trustee will select Notes of such series for redemption as follows:
(i) if the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchange; or
(ii) if the Notes are not so listed, on a pro rata basis, by lot or by such method as the Trustee will deem fair and appropriate; or
(iii) if the Notes are included in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection as the Trustee deems appropriate. Subject basis to the foregoing and nearest multiple of $1,000 in accordance with the Supplemental Indenture relating principal amount of the Debentures registered in the name of each holder, subject to the approval of the Toronto Stock Exchange, as may be required from time to time. Unless otherwise specifically provided in the terms of any series of Notes (orDebentures, in the case of the 2023 Notes, Article 4), Notes or portions of Notes the Trustee selects for redemption no Debenture shall be in minimum amounts of $1,000 or integral multiples of $1,000.
(b) If Notes of any series are to be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of unless the principal amount redeemed is $1,000 or a multiple thereof. For this purpose, the Debenture Trustee may make, and from time to time vary, regulations with respect to the manner in which such Debentures may be drawn for redemption in part or for redemption in cash and regulations so made shall be valid and binding upon all holders of such Notes Debentures notwithstanding the fact that is as a result thereof one or more of such Debentures may become subject to be redeemedredemption in part only or for cash only. In the event that one or more of such Notes Debentures becomes subject to redemption in part only, upon surrender of any such Notes Debentures for payment of the Redemption Price, together with interest accrued to but excluding the applicable Redemption Date, the Issuer Trust shall execute and the Debenture Trustee shall authenticate certify and deliver without charge to the Holder holder thereof or upon the Holder’s holder's order one or more new Notes of such series Debentures for the unredeemed part of the principal amount of the Notes Debenture or Debentures so surrendered or, with respect to a Global NotesDebenture, the Trustee Depository shall make notations on the Global Notes Debenture of the principal amount thereof so redeemed. Unless the context otherwise requires, the terms “Note” "Debenture" or “Notes” "Debentures" as used in this Article 6 4 shall be deemed to mean or include any part of the principal amount of any Note Debenture which in accordance with the foregoing provisions has become subject to redemption.
Appears in 1 contract
Partial Redemption.
(a) If less than all of the Notes of any series are to be redeemed at any time, the Trustee will select Notes of such series for redemption as follows:
(i) if the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchangeexchange on which such Notes are listed; or
(ii) if the Notes are not so listedlisted on any national securities exchange, on a pro rata basis, by lot or by such method as the Trustee will deem fair and appropriate; or
(iii) if the Notes are included in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection as the Trustee deems fair and appropriate. Subject to the foregoing and the Supplemental Indenture relating to any series of Notes (or, in the case of the 2023 Notes, Article 4)foregoing, Notes or portions of Notes the Trustee selects for redemption shall be in minimum amounts of $1,000 or integral multiples a multiple of $1,0001,000 in excess thereof.
(b) If Notes of any series are to be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of the principal amount of such Notes that is to be redeemed. In the event that one or more of such Notes becomes subject to redemption in part only, upon surrender of any such Notes for payment of the Redemption Price, together with interest accrued to but excluding the applicable Redemption Date, the Issuer shall execute and the Trustee shall authenticate and deliver without charge to the Holder thereof or upon the Holder’s order one or more new Notes of such series for the unredeemed part of the principal amount of the Notes so surrendered or, with respect to Global Notes, the Trustee shall make notations on the Global Notes of the principal amount thereof so redeemed. Unless the context otherwise requires, the terms “Note” or “Notes” as used in this Article 6 4 shall be deemed to mean or include any part of the principal amount of any Note which in accordance with the foregoing provisions has become subject to redemption.
Appears in 1 contract
Samples: Trust Indenture
Partial Redemption. (a) If less In the event the Issuer elects to redeem fewer than all of the outstanding Notes of any series are (a “Partial Redemption”) the Notes to be redeemed at any time, the Trustee will select Notes of such series for redemption as follows:
(i) if the Notes are listed on any national securities exchange, including the Canadian Securities Exchangebe selected, in compliance with the requirements of whole or in part (such that the principal national securities exchange; or
(ii) if the Notes are amount of a Holder’s Note not so listedto be redeemed equals $1,000 or an integral multiple of $1,000 in excess thereof), by lot, or on a pro rata basis, and (a) in the case of Global Notes, according to the Applicable Procedures, or (b) in the case of Physical Notes, such Notes to be redeemed in whole or in part will be selected by lot or by the Trustee, in such method as the Trustee will deem fair and appropriate; or
(iii) if the Notes are included in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection manner as the Trustee deems appropriateappropriate and fair. Subject to the foregoing and the Supplemental Indenture relating to any series Upon surrender of Notes (or, in the case of the 2023 Notes, Article 4), Notes or portions of Notes the Trustee selects for redemption shall be in minimum amounts of $1,000 or integral multiples of $1,000.
(b) If Notes of any series are to be a Note that is redeemed in part only, the Redemption Notice that relates pursuant to such Notes will state the portion of the principal amount of such Notes that is to be redeemed. In the event that one or more of such Notes becomes subject to redemption in part only, upon surrender of any such Notes for payment of the Redemption Price, together with interest accrued to but excluding the applicable Redemption Datea Partial Redemption, the Issuer shall execute execute, and the Trustee shall authenticate and deliver without charge to the Holder thereof Holder, a new Note in an authorized denomination, which shall be $1,000 principal amount or upon an integral multiple of $1,000 in excess thereof, equal in principal amount to the unredeemed portion of the Note surrendered. In the event of a Tax Redemption or Provisional Redemption, the Issuer shall not be required to (i) issue, register the transfer of or exchange any Notes during the 15 calendar day period prior to the date on which the relevant Notice of Tax Redemption or Notice of Provisional Redemption is deemed to have been given to all Holders of Notes to be redeemed or (ii) register the transfer of or exchange any Notes so selected for redemption, in whole or in part, except the unredeemed portion of any Notes being redeemed in part pursuant to a Partial Redemption. If the Trustee selects a portion of a Holder’s order one or more new Notes for Provisional Redemption and the Holder exchanges a portion of such series for the unredeemed part of the principal amount of the Notes so surrendered or, with respect to Global Holder’s Notes, the Trustee shall make notations on the Global exchanged portion of such Holder’s Notes of the principal amount thereof so redeemed. Unless the context otherwise requires, the terms “Note” or “Notes” as used in this Article 6 shall be deemed to mean or include any part be from the portion selected for redemption, except to the extent of the principal amount excess, if any, of any Note which in accordance with the foregoing provisions has become subject to such exchanged portion over such portion selected for redemption.
Appears in 1 contract
Samples: Indenture (Atlas Corp.)
Partial Redemption. (a) If less than all of the Notes of Debentures for the time being outstanding are at any series are time to be redeemed at any timeredeemed, the Debentures to be so redeemed shall be selected by the Debenture Trustee will select Notes of such series for redemption as follows:
(i) if the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchange; or
(ii) if the Notes are not so listed, on a pro rata basis, by lot or by such method as the Trustee will deem fair and appropriate; or
(iii) if the Notes are included in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection as the Trustee deems appropriate. Subject basis to the foregoing and the Supplemental Indenture relating to any series of Notes (or, in the case of the 2023 Notes, Article 4), Notes or portions of Notes the Trustee selects for redemption shall be in minimum amounts nearest multiple of $1,000 in accordance with the principal amount of the Debentures registered in the name of each holder or integral multiples in such other manner as the Debenture Trustee deems equitable, subject to the approval of $1,000.
(b) If Notes of any series are such exchange on which the Debentures may then be listed, as may be required from time to time. No Debenture shall be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of unless the principal amount redeemed is $1,000 or a multiple thereof. For this purpose, the Debenture Trustee may make, and from time to time vary, regulations with respect to the manner in which such Debentures may be drawn for redemption in part and regulations so made shall be valid and binding upon all holders of such Notes Debentures notwithstanding the fact that is as a result thereof one or more of such Debentures may become subject to be redeemedredemption in part only or for cash only. In the event that one or more of such Notes Debentures becomes subject to redemption in part only, upon surrender of any such Notes Debentures for payment of the Redemption Price, together with with, if accrued interest is not included in the Redemption Price, interest accrued to but excluding the applicable Redemption Date, the Issuer Corporation shall execute and the Debenture Trustee shall authenticate certify and deliver without charge to the Holder holder thereof or upon the Holder’s holder's order one or more new Notes of such series Debentures for the unredeemed part of the principal amount of the Notes Debenture or Debentures so surrendered or, with respect to Global Notes, the Trustee shall make notations on the Global Notes of the principal amount thereof so redeemedsurrendered. Unless the context otherwise requires, the terms “Note” "Debenture" or “Notes” "Debentures" as used in this Article 6 4 shall be deemed to mean or include any part of the principal amount of any Note Debenture which in accordance with the foregoing provisions has become subject to redemption.
Appears in 1 contract
Partial Redemption. (a) If less than all of the Notes Debentures of any series for the time being outstanding are at any time to be redeemed at any timeredeemed, the Debentures to be so redeemed shall be selected by the Debenture Trustee will select Notes of such series for redemption as follows:
(i) if the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchange; or
(ii) if the Notes are not so listed, on a pro rata basis, by lot basis to the nearest multiple of $1,000 in accordance with the principal amount of the Debentures registered in the name of each holder or by in such method other manner as the Trustee will deem fair and appropriate; or
(iii) if the Notes are included in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection as the Debenture Trustee deems appropriate. Subject equitable, subject to the foregoing and approval of the Supplemental Indenture relating to Toronto Stock Exchange. Unless otherwise specifically provided in the terms of any series of Notes (orDebentures, in the case of the 2023 Notes, Article 4), Notes or portions of Notes the Trustee selects for redemption no Debenture shall be in minimum amounts of $1,000 or integral multiples of $1,000.
(b) If Notes of any series are to be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of unless the principal amount redeemed is $1,000 or a multiple thereof. For this purpose, the Debenture Trustee may make, and from time to time vary, regulations with respect to the manner in which such Debentures may be drawn for redemption and regulations so made shall be valid and binding upon all holders of such Notes Debentures notwithstanding the fact that is as a result thereof one or more of such Debentures may become subject to be redeemedredemption in part only. In the event that one or more of such Notes Debentures becomes subject to redemption in part only, upon surrender of any such Notes Debentures for payment of the Redemption Price, together with interest accrued to but excluding the applicable Redemption Date, the Issuer Trust shall execute and the Debenture Trustee shall authenticate certify and deliver without charge to the Holder holder thereof or upon the Holderholder’s order one or more new Notes of such series Debentures for the unredeemed part of the principal amount of the Notes Debenture or Debentures so surrendered or, with respect to a Global NotesDebenture, the Trustee Depository shall make notations on the Global Notes Debenture of the principal amount thereof so redeemed. Unless the context otherwise requires, the terms “NoteDebenture” or “NotesDebentures” as used in this Article 6 4 shall be deemed to mean or include any part of the principal amount of any Note Debenture which in accordance with the foregoing provisions has become subject to redemption.
Appears in 1 contract
Partial Redemption. (a) If less than all of the Notes Debentures of any series for the time being outstanding are at any time to be redeemed, or if a portion of the Debentures are being redeemed at any timefor cash and a portion of such Debentures are being redeemed by the payment of Freely Tradeable Trust Units pursuant to Section 4.6, the Debentures to be so redeemed shall be selected by the Debenture Trustee will select Notes of such series for redemption as follows:
(i) if the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchange; or
(ii) if the Notes are not so listed, on a pro rata basis, by lot basis to the nearest multiple of $1,000 in accordance with the principal amount of the Debentures registered in the name of each holder or by in such method other manner as the Trustee will deem fair and appropriate; or
(iii) if the Notes are included in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection as the Debenture Trustee deems appropriate. Subject equitable, subject to the foregoing and approval of the Supplemental Indenture relating to Toronto Stock Exchange. Unless otherwise specifically provided in the terms of any series of Notes (orDebentures, in the case of the 2023 Notes, Article 4), Notes or portions of Notes the Trustee selects for redemption no Debenture shall be in minimum amounts of $1,000 or integral multiples of $1,000.
(b) If Notes of any series are to be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of unless the principal amount redeemed is $1,000 or a multiple thereof. For this purpose, the Debenture Trustee may make, and from time to time vary, regulations with respect to the manner in which such Debentures may be drawn for redemption in part or for redemption in cash and regulations so made shall be valid and binding upon all holders of such Notes Debentures notwithstanding the fact that is as a result thereof one or more of such Debentures may become subject to be redeemedredemption in part only. In the event that one or more of such Notes Debentures becomes subject to redemption in part only, upon surrender of any such Notes Debentures for payment of the Redemption Price, together with interest accrued to but excluding the applicable Redemption Date, the Issuer Trust shall execute and the Debenture Trustee shall authenticate certify and deliver without charge to the Holder holder thereof or upon the Holderholder’s order one or more new Notes of such series Debentures for the unredeemed part of the principal amount of the Notes Debenture or Debentures so surrendered or, with respect to a Global NotesDebenture, the Trustee Depository shall make notations on the Global Notes Debenture of the principal amount thereof so redeemed. Unless the context otherwise requires, the terms “NoteDebenture” or “NotesDebentures” as used in this Article 6 4 shall be deemed to mean or include any part of the principal amount of any Note Debenture which in accordance with the foregoing provisions has become subject to redemption.
Appears in 1 contract
Partial Redemption. (a) If less than all of the Notes of any series are to be redeemed at any time, the Trustee will select Notes of such series for redemption as follows:
(i) if the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchange; or
(ii) if the Notes are not so listed, on a pro rata basis, by lot or by such method as the Trustee will deem fair and appropriate; or
(iii) if the Notes are included in global form form, based on a method required by CDS, or, CDS or a method that most nearly approximates a pro rata selection selection, as the Trustee deems appropriate. Subject to the foregoing and the Supplemental Indenture relating to any series of Notes (or, in the case of the 2023 Series A Second Lien Notes, Article 3 or the Series B Second Lien Notes, Article 4), Notes or portions of Notes the Trustee selects for redemption shall be in minimum amounts of $(i) U.S.$1,000 or integral multiples of U.S.$1,000 for Notes denominated in US dollars and (ii) C$1,000 or integral multiples of $1,000C$1,000 for Notes denominated in Canadian dollars, as the case may be.
(b) If Notes of any series are to be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of the principal amount of such Notes that is to be redeemed. In the event that one or more of such Notes becomes subject to redemption in part only, upon surrender of any such Notes for payment of the Redemption Price, together with interest accrued to but excluding the applicable Redemption Date, the Issuer shall execute and the Trustee shall authenticate and deliver without charge to the Holder thereof or upon the Holder’s order one or more new Notes of such series for the unredeemed part of the principal amount of the Notes so surrendered or, with respect to Global Notes, the Trustee shall make notations on the Global Notes of the principal amount thereof so redeemed. Unless the context otherwise requires, the terms “Note” or “Notes” as used in this Article 6 shall be deemed to mean or include any part of the principal amount of any Note which in accordance with the foregoing provisions has become subject to redemption.
Appears in 1 contract
Partial Redemption. (a) If less than all of the Notes Debentures of any series for the time being outstanding are at any time to be redeemed at any timeor if a portion are being redeemed for cash and a portion are being redeemed by the issuance of Freely Tradeable Common Shares, and such Debentures are not in the form of a Global Debenture, 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 Debenture Trustee will select Notes by a Written Direction of the Corporation of its intention to redeem such series for redemption as follows:
Debentures and of the aggregate principal amount of Debentures to be redeemed. Subject to the consent of the TSX, the Debentures to be so redeemed shall be selected by the Debenture Trustee (i) if the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchange; or
(ii) if the Notes are not so listed, on a pro rata basisbasis to the nearest multiple of $1,000 in accordance with the principal amount of the Debentures registered in the name of each holder, or (ii) by lot or by in such method manner as the Debenture Trustee will may deem fair and appropriate; or
(iii) if equitable. Unless otherwise specifically provided in the Notes are included in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection as the Trustee deems appropriate. Subject to the foregoing and the Supplemental Indenture relating to terms of any series of Notes (orDebentures, in the case of the 2023 Notes, Article 4), Notes or portions of Notes the Trustee selects for redemption no Debenture shall be in minimum amounts of $1,000 or integral multiples of $1,000.
(b) If Notes of any series are to be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of unless the principal amount redeemed is $1,000 or a multiple thereof. For this purpose, the Debenture Trustee may make, and from time to time vary, regulations with respect to the manner in which such Debentures may be drawn for redemption and regulations so made shall be valid and binding upon all holders of such Notes Debentures notwithstanding the fact that is as a result thereof one or more of such Debentures may become subject to be redeemedredemption in part only. In the event that one or more of such Notes Debentures becomes subject to redemption in part only, upon surrender of any such Notes Debentures for payment of the Redemption Price, together with interest accrued but unpaid to but excluding the applicable Redemption Date, the Issuer Corporation shall execute and the Debenture Trustee shall authenticate certify and deliver without charge to the Holder holder thereof or upon the Holderholder’s order one or more new Notes of such series Debentures for the unredeemed part of the principal amount of the Notes Debenture or Debentures so surrendered or, with respect to a Global NotesDebenture, the Debenture Trustee shall make notations on the Global Notes Debenture of the principal amount thereof so redeemed. Unless the context otherwise requires, the terms “NoteDebenture” or “NotesDebentures” as used in this Article 6 4 shall be deemed to mean or include any part of the principal amount of any Note Debenture which in accordance with the foregoing provisions has become subject to redemption.
Appears in 1 contract
Samples: Trust Indenture (Wi-Lan Inc.)
Partial Redemption. (a) If less than all of the Notes Debt Securities of any series for the time being outstanding are at any time to be redeemed at any timeredeemed, the Debt Securities to be so redeemed shall be selected by the Indenture Trustee will select Notes of such series for redemption as follows:
(i) if the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchange; or
(ii) if the Notes are not so listed, on a pro rata basis, by lot basis to the nearest multiple of $1,000 in accordance with the principal amount of the Debt Securities registered in the name of each holder or by in such method other manner as the Trustee will deem fair and appropriate; or
(iii) if the Notes are included in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection as the Indenture Trustee deems appropriate. Subject equitable, subject to the foregoing and approval of the Supplemental Indenture relating Toronto Stock Exchange or such other exchange, if any, on which the Debt Securities are then listed, as may be required from time to time. Unless otherwise specifically provided in the terms of any series of Notes (orDebt Securities, in the case of the 2023 Notes, Article 4), Notes or portions of Notes the Trustee selects for redemption no Debt Security shall be in minimum amounts of $1,000 or integral multiples of $1,000.
(b) If Notes of any series are to be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of unless the principal amount redeemed is $1,000 or a multiple thereof. For this purpose, the Indenture Trustee may make, and from time to time vary, regulations with respect to the manner in which such Debt Securities may be drawn for redemption and regulations so made shall be valid and binding upon all holders of such Notes Debt Securities notwithstanding that is as a result thereof one or more of such Debt Securities may become subject to be redeemedredemption in part only or for cash only. In the event that one or more of such Notes Debt Securities becomes subject to redemption in part only, upon surrender of any such Notes Debt Securities for payment of the Redemption Price, together with interest accrued to but excluding the applicable Redemption Date, the Issuer Trust shall execute and the Indenture Trustee shall authenticate certify and deliver without charge to the Holder holder thereof or upon the Holderholder’s order one or more new Notes of such series Debt Securities for the unredeemed part of the principal amount of the Notes Debt Security or Debt Securities so surrendered or, with respect to a Global NotesDebt Security, the Trustee Depository shall make notations on the Global Notes Debt Security of the principal amount thereof so redeemed. Unless the context otherwise requires, the terms “Note” Debt Security “ or “Notes” as used in this Article 6 shall be deemed to mean or include any part of the principal amount of any Note which in accordance with the foregoing provisions has become subject to redemption.
Appears in 1 contract
Partial Redemption. (a) If less than all of the Notes Debentures of any series for the time being outstanding are at any time to be redeemed, or if a portion of the Debentures being redeemed at any timeare being redeemed for cash and a portion of such Debentures are being redeemed by the payment of Shares pursuant to Section 4.6, the Debentures to be so redeemed shall be selected by the Debenture Trustee will select Notes of such series for redemption as follows:
(i) if the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchange; or
(ii) if the Notes are not so listed, on a pro rata basis, by lot basis to the nearest multiple of $1,000 in accordance with the principal amount of the Debentures registered in the name of each holder or by in such method other manner as the Trustee will deem fair and appropriate; or
(iii) if the Notes are included in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection as the Debenture Trustee deems appropriate. Subject equitable, subject (if applicable) to the foregoing and approval of the Supplemental Indenture relating Toronto Stock Exchange (or approval of any other stock exchange on which the Debentures may be listed, if any), as may be required from time to time. Unless otherwise specifically provided in the terms of any series of Notes (orDebentures, in the case of the 2023 Notes, Article 4), Notes or portions of Notes the Trustee selects for redemption no Debenture shall be in minimum amounts of $1,000 or integral multiples of $1,000.
(b) If Notes of any series are to be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of unless the principal amount redeemed is $1,000 or a multiple thereof. For this purpose, the Debenture Trustee may make, and from time to time vary, regulations with respect to the manner in which such Debentures may be drawn for redemption in part or for redemption in cash in part and regulations so made shall be valid and binding upon all holders of such Notes Debentures notwithstanding the fact that is as a result thereof one or more of such Debentures may become subject to be redeemedredemption in part only or for cash only. In the event that one or more of such Notes Debentures becomes subject to redemption in part only, upon surrender of any such Notes Debentures for payment of the Redemption Price, together with accrued and unpaid interest accrued to but excluding the applicable Redemption Date, the Issuer Company shall execute and the Debenture Trustee shall authenticate certify and deliver without charge to the Holder holder thereof or upon the Holderholder’s order one or more new Notes of such series Debentures for the unredeemed part of the principal amount of the Notes Debenture or Debentures so surrendered or, with respect to a Global NotesDebenture, the Trustee Depository shall make notations on the Global Notes Debenture of the principal amount thereof so redeemedredeemed which notation shall be authenticated by the Debenture Trustee. Unless the context otherwise requires, the terms “NoteDebenture” or “NotesDebentures” as used in this Article 6 4 shall be deemed to mean or include any part of the principal amount of any Note Debenture which in accordance with the foregoing provisions has become subject to redemption.
Appears in 1 contract
Samples: Trust Indenture (Canadian Satellite Radio Holdings Inc.)
Partial Redemption. (a) If less than all of the Notes Debentures of any series for the time being outstanding are at any time to be redeemed, or if a portion of the Debentures being redeemed at any timeare being redeemed for cash and a portion of such Debentures are being redeemed by the payment of Freely Tradeable Trust Units pursuant to Section 4.6, the Debentures to be so redeemed shall be selected by the Trustee will select Notes of such series for redemption as follows:
(i) if the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchange; or
(ii) if the Notes are not so listed, on a pro rata basis, by lot basis to the nearest multiple of $1,000 in accordance with the principal amount of the Debentures registered in the name of each holder or by in such method as the Trustee will deem fair and appropriate; or
(iii) if the Notes are included in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection other manner as the Trustee deems appropriate. Subject equitable, subject to the foregoing and approval of the Supplemental Indenture relating Toronto Stock Exchange or such other exchange on which the Debentures are then listed, as may be required from time to time. Unless otherwise specifically provided in the terms of any series of Notes (orDebentures, in the case of the 2023 Notes, Article 4), Notes or portions of Notes the Trustee selects for redemption no Debenture shall be in minimum amounts of $1,000 or integral multiples of $1,000.
(b) If Notes of any series are to be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of unless the principal amount redeemed is $1,000 or a multiple thereof. For this purpose, the Trustee may make, and from time to time vary, regulations with respect to the manner in which such Debentures may be drawn for redemption and regulations so made shall be valid and binding upon all holders of such Notes Debentures notwithstanding that is as a result thereof one or more of such Debentures may become subject to be redeemedredemption in part only. In the event that one or more of such Notes Debentures becomes subject to redemption in part only, upon surrender of any such Notes Debentures for payment of the Redemption Price, together with interest accrued to but excluding the applicable Redemption Date, the Issuer Trust shall execute and the Trustee shall authenticate certify and deliver without charge to the Holder holder thereof or upon the Holder’s holder's order one or more new Notes of such series Debentures for the unredeemed part of the principal amount of the Notes Debenture or Debentures so surrendered or, with respect to a Global NotesDebenture, the Trustee Depository shall make notations on the Global Notes Debenture of the principal amount thereof so redeemed. Unless the context otherwise requires, the terms “Note” "Debenture" or “Notes” "Debentures" as used in this Article 6 4 shall be deemed to mean or include any part of the principal amount of any Note Debenture which in accordance with the foregoing provisions has become subject to redemption.
Appears in 1 contract
Samples: Convertible Debenture Indenture (Perpetual Energy Inc.)
Partial Redemption. (a) If fewer than all of the outstanding Bonds are called for redemption at one time, the selection of Bonds to be redeemed, or portions thereof, in amounts equal to $5,000 or any integral multiple thereof shall be made by lot by the Trustee in any manner that the Trustee may determine; provided that the Trustee shall select Bonds for redemption so as to assure that after such redemption no Holder shall retain Bonds in an aggregate amount less than $100,000 if the Bonds then bear interest at a Variable Rate, or, at a Fixed Interest Rate, if the Authorized Denominations of the Bonds are required to be $100,000 or greater; and provided further that, if less than all of an outstanding Bond in a book-entry system is to be called for redemption, the Notes Trustee shall give notice to the Depository or the nominee of any series the Depository that is the Holder of such Bond, and the selection of the Beneficial Ownership Interests in that Bond to be redeemed shall be at the sole discretion of the Depository and its participants. In the case of a partial redemption of Bonds by lot, each unit of face value of principal thereof equal to $5,000 (each such $5,000 unit is hereinafter referred to as a "Unit") shall be treated as though it were a separate Bond in the amount of such Unit. If it is determined that one or more, but not all of the Units represented by a Bond are to be redeemed at any timecalled for redemption, then upon notice of redemption of a Unit or Units of Bonds, the Trustee will select Notes Holder of such series for redemption as follows:
(i) if that Bond shall surrender the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchange; or
(ii) if the Notes are not so listed, on a pro rata basis, by lot or by such method as Bond to the Trustee will deem fair and appropriate; or
(iiia) if the Notes are included in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection as the Trustee deems appropriate. Subject to the foregoing and the Supplemental Indenture relating to any series of Notes (or, in the case of the 2023 Notes, Article 4), Notes or portions of Notes the Trustee selects for redemption shall be in minimum amounts of $1,000 or integral multiples of $1,000.
(b) If Notes of any series are to be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of the principal amount of such Notes that is to be redeemed. In the event that one or more of such Notes becomes subject to redemption in part only, upon surrender of any such Notes for payment of the Redemption Priceredemption price of the Unit or Units of Bonds called for redemption (including without limitation, together with the interest accrued to but excluding the applicable Redemption Datedate fixed for redemption and any premium), the Issuer shall execute and the Trustee shall authenticate and deliver (b) for issuance, without charge to the Holder thereof thereof, of a new Bond or upon the Holder’s order one or more new Notes of such series for the unredeemed part Bonds of the same series, of $100,000 if Bonds bear interest at a Variable Rate or, at a Fixed Interest Rate, if the Authorized Denominations of the Bonds are required to be $100,000 or greater, or of $5,000, in all other cases, or amounts in excess thereof in such integrals as are permitted hereunder, aggregating a principal amount of equal to the Notes so surrendered orunmatured and unredeemed portion of, with respect to Global Notesand bearing interest at the same rate and maturing on the same date as, the Trustee shall make notations on the Global Notes of the principal amount thereof so redeemedBond surrendered. Unless the context otherwise requires, the terms “Note” or “Notes” as used Notwithstanding anything in this Article 6 Section to the contrary, any Pledged Bonds (or book entry interests therein) pledged to the Bank pursuant to the Reimbursement Agreement shall be deemed selected for redemption pursuant to mean or include any part of this Section prior to the principal amount selection of any Note which in accordance with the foregoing provisions has become subject to redemptionother Bonds.
Appears in 1 contract
Samples: Trust Indenture (Wca Waste Corp)
Partial Redemption. (a) If less than all of the Notes Debentures of any series for the time being outstanding are at any time to be redeemed at any timeredeemed, the Corporation shall, at least 15 days before the date upon which the Redemption Notice is to be given, notify the Trustee will select Notes of such series for redemption as follows:
(i) if the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements by a Written Direction of the Corporation of its intention to redeem such Debentures and of the aggregate principal national securities exchange; or
(ii) if amount of Debentures to be redeemed. The Debentures to be so redeemed shall be selected by the Notes are not so listed, Trustee on a pro rata basis, by lot or by such method as the Trustee will deem fair and appropriate; or
(iii) if the Notes are included in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection as the Trustee deems appropriate. Subject basis to the foregoing and nearest multiple of $1,000 in accordance with the Supplemental Indenture relating to principal amount of the Debentures registered in the name of each holder. Unless otherwise specifically provided in the terms of any series of Notes (orDebentures, in the case of the 2023 Notes, Article 4), Notes or portions of Notes the Trustee selects for redemption no Debenture shall be in minimum amounts of $1,000 or integral multiples of $1,000.
(b) If Notes of any series are to be redeemed in part onlyunless the principal amount redeemed is $1,000 or a multiple thereof. For this purpose, the Redemption Notice Trustee may make, and from time to time vary, regulations with respect to the manner in which such Debentures may be drawn for redemption and regulations so made shall be valid and binding upon all holders of such Debentures notwithstanding the fact that relates as a result thereof one or more of such Debentures may become subject to such Notes will state redemption in part only. If a portion of a holder’s Debentures is selected for partial redemption and the holder converts a portion of the principal amount of Debentures prior to such Notes that is redemption, the converted portion will be deemed to be redeemedthe portion selected for redemption. In the event that one or more of such Notes Debentures becomes subject to redemption in part only, upon surrender of any such Notes Debentures for payment of the Redemption Price, together with interest accrued to but excluding the applicable Redemption Date, with respect to a Global Debenture, the Issuer Depositary shall make notations on the Global Debenture of the principal amount thereof so redeemed, or if the Debentures are not in the form of a Global Debenture, the Corporation shall execute and the Trustee shall authenticate certify and deliver without charge to the Holder holder thereof or upon the Holderholder’s order one or more new Notes of such series Debentures for the unredeemed part of the principal amount of the Notes Debenture or Debentures so surrendered or, with respect to Global Notes, the Trustee shall make notations on the Global Notes of the principal amount thereof so redeemedsurrendered. Unless the context otherwise requires, the terms “NoteDebenture” or “NotesDebentures” as used in this Article 6 4 shall be deemed to mean or include any part of the principal amount of any Note Debenture which in accordance with the foregoing provisions has become subject to redemption.
Appears in 1 contract
Samples: Trust Indenture (MDC Partners Inc)
Partial Redemption. (a) If less than all of the Notes of for the time being outstanding are at any series are time to be redeemed at any timeredeemed, the Notes to be so redeemed shall be selected by the Note Trustee will select Notes of such series for redemption as follows:
(i) if the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchange; or
(ii) if the Notes are not so listed, on a pro rata basis, by lot basis to the nearest multiple of US$1,000 in accordance with the principal amount of the Notes registered in the name of each holder or by in such method other manner as the Note Trustee will deem fair and appropriate; or
(iii) if deems equitable, subject to the approval of the TSX or such other exchange on which the Notes are included in global form based on a method then listed, as may be required by CDS, or, a method that most nearly approximates a pro rata selection as the Trustee deems appropriatefrom time to time. Subject to the foregoing and the Supplemental Indenture relating to any series of Notes (or, Unless otherwise specifically provided in the case terms of the 2023 Notes, Article 4), Notes or portions of Notes the Trustee selects for redemption no Note shall be in minimum amounts of $1,000 or integral multiples of $1,000.
(b) If Notes of any series are to be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of unless the principal amount redeemed is US$1,000 or a multiple thereof. For this purpose, the Note Trustee may make, and from time to time vary, regulations with respect to the manner in which such Notes may be drawn for redemption in part or for redemption in cash and regulations so made shall be valid and binding upon all holders of such Notes notwithstanding the fact that is as a result thereof one or more of such Notes may become subject to be redeemedredemption in part only or for cash only. In the event that one or more of such Notes becomes subject to redemption in part only, upon surrender of any such Notes for payment of the Redemption Price, together with interest accrued to but excluding the applicable Redemption Date, the Issuer Corporation shall execute and the Note Trustee shall authenticate certify and deliver without charge to the Holder holder thereof or upon the Holderholder’s order one or more new Notes of such series for the unredeemed part of the principal amount of the Note or Notes so surrendered or, with respect to a Global NotesNote, the Trustee Depository shall make notations on the Global Notes Note of the principal amount thereof so redeemed. Unless the context otherwise requires, the terms “Note” or “Notes” as used in this Article 6 4 shall be deemed to mean or include any part of the principal amount of any Note which in accordance with the foregoing provisions has become subject to redemption.
Appears in 1 contract
Partial Redemption. (a) If less than all of the Notes Debentures of any series for the time being outstanding are at any time to be redeemed, then the Debentures to be so redeemed at any time, will be selected by the Debenture Trustee will select Notes of such series for redemption as follows:
(i) if the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchange; or
(ii) if the Notes are not so listed, on a pro rata basis, by lot basis to the nearest multiple of $1,000 in accordance with the principal amount of the Debentures registered in the name of each holder or by in such method other manner as the Trustee will deem fair and appropriate; or
(iii) if the Notes are included in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection as the Debenture Trustee deems appropriate. Subject equitable, subject to the foregoing approval of the TSX (or such other stock exchange on which the Debentures may be listed and posted for trading), as may be required from time to time. Unless otherwise specifically provided in the Supplemental Indenture relating to terms of any series of Notes (orDebentures, in the case of the 2023 Notes, Article 4), Notes or portions of Notes the Trustee selects for redemption shall be in minimum amounts of $1,000 or integral multiples of $1,000.
(b) If Notes of any series are to no Debenture will be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of unless the principal amount redeemed is $1,000 or a multiple thereof. For this purpose, the Debenture Trustee may make, and from time to time vary, regulations with respect to the manner in which such Debentures may be drawn for redemption in part and regulations so made will be valid and binding upon all holders of such Notes Debentures notwithstanding the fact that is as a result thereof one or more of such Debentures may become subject to be redeemedredemption in part only. In the event that one or more of such Notes Debentures becomes subject to redemption in part only, upon surrender of any such Notes Debentures for payment of the Redemption Price, together with interest accrued to but excluding the applicable Redemption Date, the Issuer shall REIT will execute and the Debenture Trustee shall authenticate will certify and deliver without charge to the Holder holder thereof or upon the Holderholder’s order one or more new Notes of such series Debentures for the unredeemed part of the principal amount of the Notes Debenture or Debentures so surrendered or, with respect to to: (i) a Global NotesDebenture, the Trustee shall make Debenture Trustee, will make, or have made, notations on the Global Notes Debenture of the principal amount thereof so redeemed; or (ii) a Book- Based Only Debenture, registration and surrender of interests in the Debentures will be made only through the Depositary’s NCI System. Unless the context otherwise requires, the terms “NoteDebenture” or “NotesDebentures” as used in this Article 6 shall be 4 is deemed to mean or include any part of the principal amount of any Note Debenture which in accordance with the foregoing provisions has become subject to redemption.
Appears in 1 contract
Samples: Trust Indenture
Partial Redemption. (a) If less than all In the event of the Notes of any series are to be redeemed at any timea Partial Redemption, the Trustee will select Notes of such series for redemption as follows:
(i) if the Notes are listed on any national securities exchange, including to be redeemed in whole or in part (such that the Canadian Securities Exchangeprincipal amount of a Holder’s Note not to be redeemed equals $200,000 or an integral multiple of $1,000 in excess thereof), in compliance with the requirements case of the principal national securities exchange; or
(ii) if the Notes are not so listedGlobal Notes, by lot, or on a pro rata basis, by lot or by in all cases in accordance with the Applicable Procedures, and in the case of Physical Notes, in such method as the Trustee will deem fair and appropriate; or
(iii) if the Notes are included in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection manner as the Trustee deems appropriateappropriate and fair. Subject to the foregoing and the Supplemental Indenture relating to any series Upon surrender of Notes (or, in the case of the 2023 Notes, Article 4), Notes or portions of Notes the Trustee selects for redemption shall be in minimum amounts of $1,000 or integral multiples of $1,000.
(b) If Notes of any series are to be a Note that is redeemed in part only, the Redemption Notice that relates pursuant to such Notes will state the portion of the principal amount of such Notes that is to be redeemed. In the event that one or more of such Notes becomes subject to redemption in part only, upon surrender of any such Notes for payment of the Redemption Price, together with interest accrued to but excluding the applicable Redemption Datea Partial Redemption, the Issuer shall execute execute, and the Trustee shall authenticate and deliver without charge to the Holder thereof Holder, a new Note in an authorized denomination, which shall be $200,000 principal amount or upon an integral multiple of $1,000 in excess thereof, equal in principal amount to the unredeemed portion of the Note surrendered. In the event of a Tax Redemption or Provisional Redemption, the Issuer shall not be required to (i) issue, register the transfer of or exchange any Notes during the 15 calendar day period prior to the date on which the relevant Notice of Tax Redemption or Notice of Provisional Redemption is deemed to have been given to all Holders of Notes to be redeemed or (ii) register the transfer of or exchange any Notes so selected for redemption, in whole or in part, except the unredeemed portion of any Notes being redeemed in part pursuant to a Partial Redemption. If the Trustee selects a portion of a Holder’s order one or more new Notes for Provisional Redemption and the Holder exchanges a portion of such series for the unredeemed part of the principal amount of the Notes so surrendered or, with respect to Global Holder’s Notes, the Trustee shall make notations on the Global exchanged portion of such Holder’s Notes of the principal amount thereof so redeemed. Unless the context otherwise requires, the terms “Note” or “Notes” as used in this Article 6 shall be deemed to mean or include any part be from the portion selected for redemption, except to the extent of the principal amount excess, if any, of any Note which in accordance with the foregoing provisions has become subject to such exchanged portion over such portion selected for redemption.
Appears in 1 contract
Samples: Indenture (Jazz Pharmaceuticals PLC)
Partial Redemption. (a) If less than all of the Notes of any series are to be redeemed at any time, the Trustee will select Notes of such series for redemption as follows:
(i) if the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchange; or
(ii) if the Notes are not so listed, on a pro rata basis, by lot or by such method as the Trustee will deem fair and appropriate; or
(iii) if the Notes are included in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection as the Trustee deems appropriate. Subject to the foregoing and the Supplemental Indenture relating to any series of Notes (or, in the case of the 2023 2024 Notes, Article 43), Notes or portions of Notes the Trustee selects for redemption shall be in minimum amounts of $1,000 or integral multiples of $1,000.
(b) If Notes of any series are to be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of the principal amount of such Notes that is to be redeemed. In the event that one or more of such Notes becomes subject to redemption in part only, upon surrender of any such Notes for payment of the Redemption Price, together with interest accrued to but excluding the applicable Redemption Date, the Issuer shall execute and the Trustee shall authenticate and deliver without charge to the Holder thereof or upon the Holder’s order one or more new Notes of such series for the unredeemed part of the principal amount of the Notes so surrendered or, with respect to Global Notes, the Trustee shall make notations on the Global Notes of the principal amount thereof so redeemed. Unless the context otherwise requires, the terms “Note” or “Notes” as used in this Article 6 shall be deemed to mean or include any part of the principal amount of any Note which in accordance with the foregoing provisions has become subject to redemption.Unless
Appears in 1 contract
Samples: Trust Indenture
Partial Redemption. (a) If less than all of the Notes Debentures of any series for the time being outstanding are at any time to be redeemed at any timeor if a portion are being redeemed for cash and a portion are being redeemed by the issuance of Freely Tradeable Shares, and such Debentures are not in the form of one or more Global Debentures, 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 Trustee will select Notes by a Written Direction of the Corporation of its intention to redeem such series for redemption as follows:
Debentures and of the aggregate principal amount of Debentures to be redeemed. Subject to the consent of the TSX, the Debentures to be so redeemed shall be selected by the Trustee (i) if the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchange; or
(ii) if the Notes are not so listed, on a pro rata basisbasis to the nearest multiple of $1,000 in accordance with the principal amount of the Debentures registered in the name of each holder, or (ii) by lot or by in such method manner as the Trustee will may deem fair and appropriate; or
(iii) if equitable. Unless otherwise specifically provided in the Notes are included in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection as the Trustee deems appropriate. Subject to the foregoing and the Supplemental Indenture relating to terms of any series of Notes (orDebentures, in the case of the 2023 Notes, Article 4), Notes or portions of Notes the Trustee selects for redemption no Debenture shall be in minimum amounts of $1,000 or integral multiples of $1,000.
(b) If Notes of any series are to be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of unless the principal amount redeemed is $1,000 or a multiple thereof. For this purpose, the Trustee may make, and from time to time vary, regulations with respect to the manner in which such Debentures may be drawn for redemption and regulations so made shall be valid and binding upon all holders of such Notes Debentures notwithstanding the fact that is as a result thereof one or more of such Debentures may become subject to be redeemedredemption in part only. In the event that one or more of such Notes Debentures becomes subject to redemption in part only, upon surrender of any such Notes Debentures for payment of the Redemption Price, together with interest accrued but unpaid to but excluding the applicable Redemption Date, the Issuer Corporation shall execute and the Trustee shall authenticate certify and deliver without charge to the Holder holder thereof or upon the Holderholder’s order one or more new Notes of such series Debentures for the unredeemed part of the principal amount of the Notes Debenture or Debentures so surrendered or, with respect to a Global NotesDebenture, the Trustee Depository shall make notations on the Global Notes Debenture of the principal amount thereof so redeemed. Unless the context otherwise requires, the terms “NoteDebenture” or “NotesDebentures” as used in this Article 6 4 shall be deemed to mean or include any part of the principal amount of any Note Debenture which in accordance with the foregoing provisions has become subject to redemption.
Appears in 1 contract
Samples: Indenture (Kirkland Lake Gold Ltd.)
Partial Redemption. (a) If less than all of the Notes of any series are to be redeemed at any time, the Trustee will select Notes of such series for redemption as follows:
(i) if the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchange; or
(ii) if the Notes are not so listed, on a pro rata basis, by lot or by such method as the Trustee will deem fair and appropriate; or
(iii) if the Notes are included in global form form, based on a method required by CDS, or, CDS or a method that most nearly approximates a pro rata selection selection, as the Trustee deems appropriate. Subject to the foregoing and the Supplemental Indenture relating to any series of Notes (or, in the case of the 2023 2019 Senior Secured Notes, Article 43), Notes or portions of Notes the Trustee selects for redemption shall be in minimum amounts of $1,000 or integral multiples of $1,000.
(b) If Notes of any series are to be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of the principal amount of such Notes that is to be redeemed. In the event that one or more of such Notes becomes subject to redemption in part only, upon surrender of any such Notes for payment of the Redemption Price, together with interest accrued to but excluding the applicable Redemption Date, the Issuer shall execute and the Trustee shall authenticate and deliver without charge to the Holder thereof or upon the Holder’s order one or more new Notes of such series for the unredeemed part of the principal amount of the Notes so surrendered or, with respect to Global Notes, the Trustee shall make notations on the Global Notes of the principal amount thereof so redeemed. Unless the context otherwise requires, the terms “Note” or “Notes” as used in this Article 6 5 shall be deemed to mean or include any part of the principal amount of any Note which in accordance with the foregoing provisions has become subject to redemption.
Appears in 1 contract
Samples: Trust Indenture
Partial Redemption. (a) If less than all of the Notes Debentures of any series for the time being outstanding are at any time to be redeemed, or if a portion of the Debentures being redeemed at any timeare being redeemed for cash and a portion of such Debentures are being redeemed by the payment of Freely-Tradeable Shares pursuant to Section 4.6, the Debentures to be so redeemed shall be selected by the Debenture Trustee will select Notes of such series for redemption as follows:
(i) if the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchange; or
(ii) if the Notes are not so listed, on a pro rata basis, by lot basis to the nearest multiple of $1,000 in accordance with the principal amount of the Debentures registered in the name of each holder or by in such method other manner as the Trustee will deem fair and appropriate; or
(iii) if the Notes are included in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection as the Debenture Trustee deems appropriate. Subject equitable, subject to the foregoing and approval of the Supplemental Indenture relating TSX or such other exchange on which the Debentures are then listed, as may be required from time to time. Unless otherwise specifically provided in the terms of any series of Notes (orDebentures, in the case of the 2023 Notes, Article 4), Notes or portions of Notes the Trustee selects for redemption no Debenture shall be in minimum amounts of $1,000 or integral multiples of $1,000.
(b) If Notes of any series are to be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of unless the principal amount redeemed is $1,000 or a multiple thereof. For this purpose, the Debenture Trustee may make, and from time to time vary, regulations with respect to the manner in which such Debentures may be drawn for redemption in part or for redemption in cash and regulations so made shall be valid and binding upon all holders of such Notes Debentures notwithstanding the fact that is as a result thereof one or more of such Debentures may become subject to be redeemedredemption in part only or for cash only. In the event that one or more of such Notes Debentures becomes subject to redemption in part only, upon surrender of any such Notes Debentures for payment of the Redemption Price, together with interest accrued to but excluding the applicable Redemption Date, the Issuer Corporation shall execute and the Debenture Trustee shall authenticate certify and deliver without charge to the Holder holder thereof or upon the Holderholder’s order one or more new Notes of such series Debentures for the unredeemed part of the principal amount of the Notes Debenture or Debentures so surrendered or, with respect to a Global NotesDebenture, the Debenture Trustee shall make notations on the Global Notes Debenture of the principal amount thereof so redeemed. Unless the context otherwise requires, the terms “NoteDebenture” or “NotesDebentures” as used in this Article 6 4 shall be deemed to mean or include any part of the principal amount of any Note Debenture which in accordance with the foregoing provisions has become subject to redemption.
Appears in 1 contract
Partial Redemption. (a) If less than all of the Notes Debentures of any series for the time being outstanding are at any time to be redeemed, or if a portion of the Debentures being redeemed at any timeare being redeemed for cash and a portion of such Debentures are being redeemed by the payment of Freely Tradeable Common Shares pursuant to Section 4.6, the Debentures to be so redeemed shall be selected by the Trustee will select Notes of such series for redemption as follows:
(i) if the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchange; or
(ii) if the Notes are not so listed, on a pro rata basis, by lot basis to the nearest multiple of US$1,000 in accordance with the principal amount of the Debentures registered in the name of each holder or by in such method as the Trustee will deem fair and appropriate; or
(iii) if the Notes are included in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection other manner as the Trustee deems appropriate. Subject equitable, subject to the foregoing and approval of the Supplemental Indenture relating TSX (or such other exchange on which the Debentures are then listed), as may be required from time to time. Unless otherwise specifically provided in the terms of any series of Notes (orDebentures, in the case of the 2023 Notes, Article 4), Notes or portions of Notes the Trustee selects for redemption no Debenture shall be in minimum amounts of $1,000 or integral multiples of $1,000.
(b) If Notes of any series are to be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of unless the principal amount redeemed is US$1,000 or a multiple thereof. For this purpose, the Trustee may make, and from time to time vary, regulations with respect to the manner in which such Debentures may be drawn for redemption and regulations so made shall be valid and binding upon all holders of such Notes Debentures notwithstanding that is as a result thereof one or more of such Debentures may become subject to be redeemedredemption in part only or for cash only. In the event that one or more of such Notes Debentures becomes subject to redemption in part only, upon surrender of any such Notes Debentures for payment of the Redemption Price, together with interest accrued to but excluding the applicable Redemption Date, the Issuer Corporation shall execute and the Trustee shall authenticate certify and deliver without charge to the Holder holder thereof or upon the Holderholder’s order one or more new Notes of such series Debentures for the unredeemed part of the principal amount of the Notes Debenture or Debentures so surrendered or, with respect to a Global NotesDebenture, the Trustee Depository shall make notations on the Global Notes Debenture of the principal amount thereof so redeemed. Unless the context otherwise requires, the terms “NoteDebenture” or “NotesDebentures” as used in this Article 6 4 shall be deemed to mean or include any part of the principal amount of any Note Debenture which in accordance with the foregoing provisions has become subject to redemption.
Appears in 1 contract
Samples: Debenture Indenture (Molycorp, Inc.)
Partial Redemption. (a) If less than all of the Notes Debentures of any series for the time being outstanding are at any time to be redeemed, or if a portion of the Debentures being redeemed at any timeare being redeemed for cash and a portion of such Debentures are being redeemed by the payment of Freely Tradeable Common Shares pursuant to Section 4.6, the Debentures to be so redeemed shall be selected by the Debenture Trustee will select Notes of such series for redemption as follows:
(i) if the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchange; or
(ii) if the Notes are not so listed, on a pro rata basis, by lot basis to the nearest multiple of Cdn$1,000 in accordance with the principal amount of the Debentures registered in the name of each holder or by in such method other manner as the Trustee will deem fair and appropriate; or
(iii) if the Notes are included in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection as the Debenture Trustee deems appropriate. Subject equitable, subject to the foregoing and approval of the Supplemental Indenture relating Toronto Stock Exchange or such other exchange on which the Debentures are then listed, as may be required from time to time. Unless otherwise specifically provided in the terms of any series of Notes (orDebentures, in the case of the 2023 Notes, Article 4), Notes or portions of Notes the Trustee selects for redemption no Debenture shall be in minimum amounts of $1,000 or integral multiples of $1,000.
(b) If Notes of any series are to be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of unless the principal amount redeemed is Cdn$1,000 or a multiple thereof. For this purpose, the Debenture Trustee may make, and from time to time vary, regulations with respect to the manner in which such Debentures may be drawn for redemption in part or for redemption in cash and regulations so made shall be valid and binding upon all holders of such Notes Debentures notwithstanding the fact that is as a result thereof one or more of such Debentures may become subject to be redeemedredemption in part only or for cash only. In the event that one or more of such Notes Debentures becomes subject to redemption in part only, upon surrender of any such Notes Debentures for payment of the Redemption Price, together with interest accrued to but excluding the applicable Redemption Date, the Issuer Corporation shall execute and the Debenture Trustee shall authenticate certify and deliver without charge to the Holder holder thereof or upon the Holder’s holder's order one or more new Notes of such series Debentures for the unredeemed part of the principal amount of the Notes Debenture or Debentures so surrendered or, with respect to a Global NotesDebenture, the Trustee Depository shall make notations on the Global Notes Debenture of the principal amount thereof so redeemed. Unless the context otherwise requires, the terms “Note” "Debenture" or “Notes” "Debentures" as used in this Article 6 4 shall be deemed to mean or include any part of the principal amount of any Note Debenture which in accordance with the foregoing provisions has become subject to redemption.
Appears in 1 contract
Partial Redemption. (a) If less than all of the Notes Debentures of any series for the time being outstanding are at any time to be redeemed at any timeredeemed, the Debentures to be so redeemed shall be selected by the Trustee will select Notes of such series for redemption as follows:
(i) if the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchange; or
(ii) if the Notes are not so listed, on a pro rata basis, by lot basis to the nearest multiple of $1,000 in accordance with the principal amount of the Debentures registered in the name of each holder or by in such method as the Trustee will deem fair and appropriate; or
(iii) if the Notes are included in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection other manner as the Trustee deems appropriate. Subject equitable, subject to the foregoing and approval of the Supplemental Indenture relating TSXV or such other exchange on which the Debentures are then listed, as may be required from time to time. Unless otherwise specifically provided in the terms of any series of Notes (orDebentures, in the case of the 2023 Notes, Article 4), Notes or portions of Notes the Trustee selects for redemption no Debenture shall be in minimum amounts of $1,000 or integral multiples of $1,000.
(b) If Notes of any series are to be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of unless the principal amount redeemed is $1,000 or a multiple thereof. For this purpose, the Trustee may make, and from time to time vary, regulations with respect to the manner in which such Debentures may be drawn for redemption and regulations so made shall be valid and binding upon all holders of such Notes Debentures notwithstanding that is as a result thereof one or more of such Debentures may become subject to be redeemedredemption in part only or for cash only. In the event that one or more of such Notes Debentures becomes subject to redemption in part only, upon surrender of any such Notes Debentures for payment of the Redemption Price, together with interest accrued to but excluding the applicable Redemption Date, the Issuer Corporation shall execute and the Trustee shall authenticate certify and deliver without charge to the Holder holder thereof or upon the Holderholder’s order one or more new Notes of such series Debentures for the unredeemed part of the principal amount of the Notes Debenture or Debentures so surrendered or, with respect to a Global NotesDebenture, the Trustee shall make notations on the Global Notes Debenture of the principal amount thereof so redeemed. Unless the context otherwise requires, the terms “NoteDebenture” or “NotesDebentures” as used in this Article 6 4 shall be deemed to mean or include any part of the principal amount of any Note Debenture which in accordance with the foregoing provisions has become subject to redemption.
Appears in 1 contract
Samples: Convertible Debenture Indenture (Crailar Technologies Inc)
Partial Redemption. (a) If less than all of the Notes Debentures of any series for the time being outstanding are at any time to be redeemed, or if a portion of the Debentures being redeemed at any timeare being redeemed for cash and a portion of such Debentures are being redeemed by the payment of Freely Tradeable Common Shares pursuant to Section 4.6, the Debentures to be so redeemed shall be selected by the Trustee will select Notes of such series for redemption as follows:
(i) if the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchange; or
(ii) if the Notes are not so listed, on a pro rata basis, by lot basis to the nearest multiple of $1,000 in accordance with the principal amount of the Debentures registered in the name of each holder or by in such method as the Trustee will deem fair and appropriate; or
(iii) if the Notes are included in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection other manner as the Trustee deems appropriate. Subject equitable, subject to the foregoing and approval of the Supplemental Indenture relating Toronto Stock Exchange or such other exchange on which the Debentures are then listed, as may be required from time to time. Unless otherwise specifically provided in the terms of any series of Notes (orDebentures, in the case of the 2023 Notes, Article 4), Notes or portions of Notes the Trustee selects for redemption no Debenture shall be in minimum amounts of $1,000 or integral multiples of $1,000.
(b) If Notes of any series are to be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of unless the principal amount redeemed is $1,000 or a multiple thereof. For this purpose, the Trustee may make, and from time to time vary, regulations with respect to the manner in which such Debentures may be drawn for redemption and regulations so made shall be valid and binding upon all holders of such Notes Debentures notwithstanding that is as a result thereof one or more of such Debentures may become subject to be redeemedredemption in part only or for cash only. In the event that one or more of such Notes Debentures becomes subject to redemption in part only, upon surrender of any such Notes Debentures for payment of the Redemption Price, together with interest accrued to but excluding the applicable Redemption Date, the Issuer Corporation shall execute and the Trustee shall authenticate certify and deliver without charge to the Holder holder thereof or upon the Holder’s holder's order one or more new Notes of such series Debentures for the unredeemed part of the principal amount of the Notes Debenture or Debentures so surrendered or, with respect to a Global NotesDebenture, the Trustee Depository shall make notations on the Global Notes Debenture of the principal amount thereof so redeemed. Unless the context otherwise requires, the terms “Note” "Debenture" or “Notes” "Debentures" as used in this Article 6 4 shall be deemed to mean or include any part of the principal amount of any Note Debenture which in accordance with the foregoing provisions has become subject to redemption.
Appears in 1 contract
Samples: Convertible Debenture Indenture (Advantage Oil & Gas Ltd.)
Partial Redemption. (a) If less than all of the Notes of any series are to be redeemed at any time, the Trustee will select Notes of such series for redemption as follows:
(i) if the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchangeexchange on which the Notes are listed; or
(ii) if the Notes are not so listedlisted on any national securities exchange, on a pro rata basis, by lot or by such method as the Trustee will deem deems fair and appropriate; or.
(iiib) if the Notes are included in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection as the Trustee deems appropriate. Subject to the foregoing and the Supplemental Indenture relating to any series of Notes (or, in the case of the 2023 Notes, Article 4), Notes or portions of Notes the Trustee selects for redemption shall be in minimum amounts of $1,000 or integral multiples a multiple of $1,0001,000 in excess thereof. Redemption Notices will be mailed by first class mail at least 30 but not more than 60 days before the Redemption Date to each Holder of Notes to be redeemed at its registered address, except that optional Redemption Notices may be mailed more than 60 days prior to a Redemption Date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture. Redemption Notices, including without limitation, upon an Equity Offering, may, at the Issuer's discretion, be subject to one or more conditions precedent, including, but not limited to, completion of the related Equity Offering.
(bc) If Notes of any series are Note is to be redeemed in part only, the Redemption Notice notice of redemption that relates to such Notes that Note will state the portion of the principal amount of such Notes that Note that is to be redeemed. In the event that one or more of such Notes becomes subject to redemption in part only, upon surrender of any such Notes for payment of the Redemption Price, together with interest accrued to but excluding the applicable Redemption Date, the Issuer shall execute and the Trustee shall authenticate certify and deliver without charge to the Holder thereof or upon the Holder’s 's order one or more new Notes of such series for the unredeemed part of the principal amount of the Note or Notes so surrendered or, with respect to a Global NotesCertificate, the Trustee shall make notations on the Global Notes Certificate of the principal amount thereof so redeemed. Unless the context otherwise requires, the terms “"Note” " or “"Notes” " as used in this Article 6 5 shall be deemed to mean or include any part of the principal amount of any Note which in accordance with the foregoing provisions has become subject to redemption.
Appears in 1 contract
Partial Redemption. (a) If less than all of the Notes Debentures of any series for the time being outstanding are at any time to be redeemed, or if a portion of the Debentures being redeemed at any timeare being redeemed for cash and a portion of such Debentures are being redeemed by the payment of Freely Tradable Common Shares pursuant to Section 4.6, the Debentures to be so redeemed shall be selected by the Trustee will select Notes of such series for redemption as follows:
(i) if the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchange; or
(ii) if the Notes are not so listed, on a pro rata basis, by lot basis to the nearest multiple of US$1,000 in accordance with the principal amount of the Debentures registered in the name of each holder or by in such method as the Trustee will deem fair and appropriate; or
(iii) if the Notes are included in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection other manner as the Trustee deems appropriate. Subject equitable, subject to compliance with Applicable Securities Legislation and to the foregoing approval of the TSX and the Supplemental Indenture relating NYSE Amex or such other exchange on which the Debentures and/or Common Shares are then listed, as may be required from time to time. Unless otherwise specifically provided in the terms of any series of Notes (orDebentures, in the case of the 2023 Notes, Article 4), Notes or portions of Notes the Trustee selects for redemption no Debenture shall be in minimum amounts of $1,000 or integral multiples of $1,000.
(b) If Notes of any series are to be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of unless the principal amount redeemed is US$1,000 or a multiple thereof. For this purpose, the Trustee may make, and from time to time vary, regulations with respect to the manner in which such Debentures may be drawn for redemption and regulations so made shall be valid and binding upon all holders of such Notes Debentures notwithstanding that is as a result thereof one or more of such Debentures may become subject to be redeemedredemption in part only or for cash only. In the event that one or more of such Notes Debentures becomes subject to redemption in part only, upon surrender of any such Notes Debentures for payment of the Redemption Price, together with interest accrued to but excluding the applicable Redemption Date, the Issuer Corporation shall execute and the Trustee shall authenticate certify and deliver without charge to the Holder holder thereof or upon the Holder’s holder's order one or more new Notes of such series Debentures for the unredeemed part of the principal amount of the Notes Debenture or Debentures so surrendered or, with respect to a Global NotesDebenture, the Trustee Depository shall make notations on the Global Notes Debenture of the principal amount thereof so redeemed. Unless the context otherwise requires, the terms “Note” "Debenture" or “Notes” "Debentures" as used in this Article 6 ARTICLE IV shall be deemed to mean or include any part of the principal amount of any Note Debenture which in accordance with the foregoing provisions has become subject to redemption.
Appears in 1 contract
Samples: Convertible Debenture Indenture (Brigus Gold Corp.)
Partial Redemption. (a) If less than all the Debentures being outstanding are at any time to be redeemed, or if a portion of the Notes Debentures being redeemed are being redeemed for cash and a portion of any series such Debentures are being redeemed by the payment of Freely Tradeable Common Shares pursuant to Section 10.06, the Debentures to be so redeemed at any time, the Trustee will select Notes of such series for redemption as follows:
(i) if the Notes are listed on any national securities exchange, including shall be selected by the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchange; or
(ii) if the Notes are not so listed, Trustee on a pro rata basis, by lot or by such method as the Trustee will deem fair and appropriate; or
(iii) if the Notes are included in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection as the Trustee deems appropriate. Subject basis to the foregoing and the Supplemental Indenture relating to any series of Notes (or, in the case of the 2023 Notes, Article 4), Notes or portions of Notes the Trustee selects for redemption shall be in minimum amounts nearest multiple of $1,000 in accordance with the principal amount of the Debentures registered in the name of each holder or integral multiples in such other manner as the Canadian Trustee deems equitable, subject to the approval of $1,000.
(b) If Notes of any series the Toronto Stock Exchange or such other exchange on which the Debentures are then listed, as may be required from time to time. No Debenture shall be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of unless the principal amount redeemed is $1,000 or a multiple thereof. For this purpose, the Canadian Trustee may make, and from time to time vary, regulations with respect to the manner in which such Debentures may be drawn for redemption and regulations so made shall be valid and binding upon all holders of such Notes Debentures notwithstanding that is as a result thereof one or more of such Debentures may become subject to be redeemedredemption in part only or for cash only. In the event that one or more of such Notes Debentures becomes subject to redemption in part only, upon surrender of any such Notes Debentures for payment of the Redemption Price, together with interest accrued to but excluding the applicable Redemption Date, the Issuer Company shall execute and the Canadian Trustee shall authenticate certify and deliver without charge to the Holder holder thereof or upon the Holderholder’s order one or more new Notes of such series Debentures for the unredeemed part of the principal amount of the Notes Debenture or Debentures so surrendered or, with respect to a Global NotesDebenture, the Trustee Depositary shall make notations on the Global Notes Debenture of the principal amount thereof so redeemed. Unless the context otherwise requires, the terms “NoteDebenture” or “NotesDebentures” as used in this Article 6 X shall be deemed to mean or include any part of the principal amount of any Note Debenture which in accordance with the foregoing provisions has become subject to redemption.
Appears in 1 contract
Samples: Supplemental Indenture (Dirtt Environmental Solutions LTD)
Partial Redemption. (a) If less than all of the Notes of Debentures from time to time outstanding are at any series are time to be redeemed at any timeredeemed, the Debentures to be so redeemed shall be selected by the Debenture Trustee will select Notes of such series for redemption as follows:
(i) if the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchange; or
(ii) if the Notes are not so listed, on a pro rata basis, by lot or by such method as the Trustee will deem fair and appropriate; or
(iii) if the Notes are included in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection as the Trustee deems appropriate. Subject basis to the foregoing and the Supplemental Indenture relating to any series of Notes (or, in the case of the 2023 Notes, Article 4), Notes or portions of Notes the Trustee selects for redemption shall be in minimum amounts nearest multiple of $1,000 or integral multiples of $1,000.
(b) If Notes of any series are to be redeemed 100 in part only, the Redemption Notice that relates to such Notes will state the portion of accordance with the principal amount of the Debentures registered in the name of each holder or in such Notes other manner as the Debenture Trustee deems equitable as may be required from time to time. For this purpose, the Debenture Trustee may make, and from time to time vary, regulations with respect to the manner in which such Debentures may be drawn for redemption in part and regulations so made shall be valid and binding upon all holders of such Debentures notwithstanding the fact that is as a result thereof one or more of such Debentures may become subject to be redeemedredemption in part only. In the event that one or more of such Notes Debentures becomes subject to redemption in part only, upon surrender of any such Notes Debentures for payment of the Redemption Priceprincipal amount of such Debentures being redeemed, together with interest accrued and unpaid to but excluding the applicable Redemption DateDate on such principal amount, the Issuer Company shall execute and the Debenture Trustee shall authenticate certify and deliver without charge to the Holder holder thereof or upon the Holderholder’s order one or more new Notes of such series Debentures for the unredeemed part of the principal amount of the Notes Debenture or Debentures so surrendered or, with respect to a Global NotesDebenture, the Trustee Depository shall make notations on the Global Notes Debenture of the principal amount thereof so redeemed. Unless the context otherwise requires, the terms “NoteDebenture” or “NotesDebentures” as used in this Article 6 4 shall be deemed to mean or include any part of the principal amount of any Note Debenture which in accordance with the foregoing provisions has become subject to redemption.
Appears in 1 contract
Partial Redemption. (a) If less than all of the Notes Debentures of any series for the time being outstanding are at any time to be redeemed, or if a portion of the Debentures being redeemed at any timeare being redeemed for cash and a portion of such Debentures are being redeemed by the payment of Freely Tradeable Common Shares pursuant to Section 4.6, the Debentures to be so redeemed shall be selected by the Trustee will select Notes of such series for redemption as follows:
(i) if the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchange; or
(ii) if the Notes are not so listed, on a pro rata basis, by lot basis to the nearest multiple of $1,000 in accordance with the principal amount of the Debentures registered in the name of each holder or by in such method as the Trustee will deem fair and appropriate; or
(iii) if the Notes are included in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection other manner as the Trustee deems appropriate. Subject equitable, subject to the foregoing and approval of the Supplemental Indenture relating TSX Venture Exchange (or such other exchange on which the Debentures are then listed), as may be required from time to time. Unless otherwise specifically provided in the terms of any series of Notes (orDebentures, in the case of the 2023 Notes, Article 4), Notes or portions of Notes the Trustee selects for redemption no Debenture shall be in minimum amounts of $1,000 or integral multiples of $1,000.
(b) If Notes of any series are to be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of unless the principal amount redeemed is $1,000 or a multiple thereof. For this purpose, the Trustee may make, and from time to time vary, regulations with respect to the manner in which such Debentures may be drawn for redemption and regulations so made shall be valid and binding upon all holders of such Notes Debentures notwithstanding that is as a result thereof one or more of such Debentures may become subject to be redeemedredemption in part only or for cash only. In the event that one or more of such Notes Debentures becomes subject to redemption in part only, upon surrender of any such Notes Debentures for payment of the Redemption Price, together with interest accrued to but excluding the applicable Redemption Date, the Issuer Corporation shall execute and the Trustee shall authenticate certify and deliver without charge to the Holder holder thereof or upon the Holderholder’s order one or more new Notes of such series Debentures for the unredeemed part of the principal amount of the Notes Debenture or Debentures so surrendered or, with respect to a Global NotesDebenture, the Trustee Depository shall make notations on the Global Notes Debenture of the principal amount thereof so redeemed. Unless the context otherwise requires, the terms “NoteDebenture” or “NotesDebentures” as used in this Article 6 4 shall be deemed to mean or include any part of the principal amount of any Note Debenture which in accordance with the foregoing provisions has become subject to redemption.
Appears in 1 contract
Samples: Debenture Indenture
Partial Redemption. (a) If less than all of the Notes Debentures of any series for the time being outstanding are at any time to be redeemed, or if a portion of the Debentures being redeemed at any timeare being redeemed for cash and a portion of such Debentures are being redeemed by the payment of Freely Tradeable Trust Units pursuant to Section 4.6, the Debentures to be so redeemed shall be selected by the Debenture Trustee will select Notes of such series for redemption as follows:
(i) if the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchange; or
(ii) if the Notes are not so listed, on a pro rata basis, by lot basis to the nearest multiple of $1,000 in accordance with the principal amount of the Debentures registered in the name of each holder or by in such method other manner as the Trustee will deem fair and appropriate; or
(iii) if the Notes are included in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection as the Debenture Trustee deems appropriate. Subject equitable, subject to the foregoing and approval of the Supplemental Indenture relating Toronto Stock Exchange, as may be required from time to time. Unless otherwise specifically provided in the terms of any series of Notes (orDebentures, in the case of the 2023 Notes, Article 4), Notes or portions of Notes the Trustee selects for redemption no Debenture shall be in minimum amounts of $1,000 or integral multiples of $1,000.
(b) If Notes of any series are to be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of unless the principal amount redeemed is $1,000 or a multiple thereof. For this purpose, the Debenture Trustee may make, and from time to time vary, regulations with respect to the manner in which such Debentures may be drawn for redemption in part or for redemption in cash and regulations so made shall be valid and binding upon all holders of such Notes Debentures notwithstanding the fact that is as a result thereof one or more of such Debentures may become subject to be redeemedredemption in part only or for cash only. In the event that one or more of such Notes Debentures becomes subject to redemption in part only, upon surrender of any such Notes Debentures for payment of the Redemption Price, together with interest accrued to but excluding the applicable Redemption Date, the Issuer Trust shall execute and the Debenture Trustee shall authenticate certify and deliver without charge to the Holder holder thereof or upon the Holder’s holder's order one or more new Notes of such series Debentures for the unredeemed part of the principal amount of the Notes Debenture or Debentures so surrendered or, with respect to a Global NotesDebenture, the Trustee Depository shall make notations on the Global Notes Debenture of the principal amount thereof so redeemed. Unless the context otherwise requires, the terms “Note” "Debenture" or “Notes” "Debentures" as used in this Article 6 4 shall be deemed to mean or include any part of the principal amount of any Note Debenture which in accordance with the foregoing provisions has become subject to redemption.
Appears in 1 contract
Partial Redemption. (a) If less than all the Debentures for the time being outstanding are at any time to be redeemed, or if a portion of the Notes Debentures being redeemed are being redeemed for cash and a portion of any series such Debentures are being redeemed by the payment of Freely Tradable Common Shares pursuant to Section 4.6, the Debentures to be so redeemed at any time, shall be selected by the Trustee will select Notes of such series for redemption as follows:
(i) if the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchange; or
(ii) if the Notes are not so listed, on a pro rata basis, by lot basis to the nearest multiple of $1,000 in accordance with the principal amount of the Debentures registered in the name of each holder or by in such method as the Trustee will deem fair and appropriate; or
(iii) if the Notes are included in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection other manner as the Trustee deems appropriate. Subject equitable, subject to compliance with Applicable Securities Legislation and to the foregoing and the Supplemental Indenture relating to any series of Notes (or, in the case approval of the 2023 NotesCSE or such other exchange on which the Common Shares are then listed, Article 4), Notes or portions of Notes the Trustee selects for redemption as may be required from time to time. No Debenture shall be in minimum amounts of $1,000 or integral multiples of $1,000.
(b) If Notes of any series are to be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of unless the principal amount redeemed is $1,000 or a multiple thereof. For this purpose, the Trustee may make, and from time to time vary, regulations with respect to the manner in which such Debentures may be drawn for redemption and regulations so made shall be valid and binding upon all holders of such Notes Debentures notwithstanding that is as a result thereof one or more of such Debentures may become subject to be redeemedredemption in part only or for cash only. In the event that one or more of such Notes Debentures becomes subject to redemption in part only, upon surrender of any such Notes Debentures for payment of the Redemption Price, together with interest accrued to but excluding the applicable Redemption Date, the Issuer Corporation shall execute and the Trustee shall authenticate certify and deliver without charge to the Holder holder thereof or upon the Holder’s holder's order one or more new Notes of such series Debentures for the unredeemed part of the principal amount of the Notes Debenture or Debentures so surrendered or, with respect to a Global NotesDebenture, the Trustee Depository shall make notations on the Global Notes Debenture of the principal amount thereof so redeemed. Unless the context otherwise requires, the terms “Note” "Debenture" or “Notes” "Debentures" as used in this Article 6 4 shall be deemed to mean or include any part of the principal amount of any Note Debenture which in accordance with the foregoing provisions has become subject to redemption.
Appears in 1 contract
Samples: Convertible Debenture Indenture
Partial Redemption. (a) If less than all of the Notes of any series are to be redeemed at any time, the Trustee will select Notes of such series for redemption as follows:
(i) if the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchange; or
(ii) if the Notes are not so listed, on a pro rata basis, by lot or by such method as the Trustee will deem fair and appropriate; or
(iii) if the Notes are included in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection as the Trustee deems appropriate. Subject to the foregoing and the Supplemental Indenture relating to any series of Notes (or, in the case of the 2023 Unit Notes or Coupon Notes, Article 43), Notes or portions of Notes the Trustee selects for redemption shall be in minimum amounts of $1,000 or integral multiples of $1,000.
(b) If Notes of any series are to be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of the principal amount of such Notes that is to be redeemed. In the event that one or more of such Notes becomes subject to redemption in part only, upon surrender of any such Notes for payment of the Redemption Price, together with interest accrued to but excluding the applicable Redemption Date, the Issuer shall execute and the Trustee shall authenticate and deliver without charge to the Holder thereof or upon the Holder’s order one or more new Notes of such series for the unredeemed part of the principal amount of the Notes so surrendered or, with respect to Global Notes, the Trustee shall make notations on the Global Notes of the principal amount thereof so redeemed. Unless the context otherwise requires, the terms “Note” or “Notes” as used in this Article 6 5 shall be deemed to mean or include any part of the principal amount of any Note which in accordance with the foregoing provisions has become subject to redemption.
Appears in 1 contract
Partial Redemption. (a) If less than all of the Notes of any series are to be redeemed at any time, the Trustee will select Notes of such series for redemption as follows:
(i) if the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the such principal national securities exchange; or;
(ii) if the Notes are not so listed, on a pro rata basis, by lot or by such method as the Trustee will deem fair and appropriate; or
(iii) if the Notes are included issued in global form based on a the method required by CDS, or, a method that most must nearly approximates a pro rata selection as the Trustee deems appropriate. .
(b) Subject to the foregoing and the Supplemental Indenture relating to any series of Notes (or, in the case of the 2023 2026 Notes, Article 43), Notes or portions of Notes the Trustee selects for redemption shall be in minimum amounts of $1,000 or integral multiples of $1,000.
(bc) If Notes of any series are to be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of the principal amount of such Notes that is to be redeemed. In the event that one or more of such Notes becomes subject to redemption in part only, upon surrender of any such Notes for payment of the Redemption Price, together with interest accrued to but excluding the applicable Redemption Date, the Issuer shall execute and the Trustee shall authenticate and deliver without charge to the Holder thereof or upon the Holder’s order one or more new Notes of such series for the unredeemed part of the principal amount of the Notes so surrendered or, with respect to Global Notes, the Trustee shall make notations on the Global Notes of the principal amount thereof so redeemed. Unless the context otherwise requires, the terms “Note” or “Notes” as used in this Article 6 5 shall be deemed to mean or include any part of the principal amount of any Note which in accordance with the foregoing provisions has become subject to redemption.
Appears in 1 contract
Partial Redemption. (a) If less than all of the Notes Debentures of any series for the time being outstanding are at any time to be redeemed at any timeredeemed, the Debentures to be so redeemed shall be selected by the Debenture Trustee will select Notes of such series for redemption as follows:
(i) if the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchange; or
(ii) if the Notes are not so listed, on a pro rata basis, by lot basis to the nearest multiple of US$1,000 in accordance with the principal amount of the Debentures registered in the name of each holder or by in such method other manner as the Trustee will deem fair and appropriate; or
(iii) if the Notes are included in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection as the Debenture Trustee deems appropriate. Subject equitable, subject to the foregoing and approval of the Supplemental Indenture relating to Toronto Stock Exchange. Unless otherwise specifically provided in the terms of any series of Notes (orDebentures, in the case of the 2023 Notes, Article 4), Notes or portions of Notes the Trustee selects for redemption no Debenture shall be in minimum amounts of $1,000 or integral multiples of $1,000.
(b) If Notes of any series are to be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of unless the principal amount redeemed is US$1,000 or a multiple thereof. For this purpose, the Debenture Trustee may make, and from time to time vary, regulations with respect to the manner in which such Debentures may be drawn for redemption and regulations so made shall be valid and binding upon all holders of such Notes Debentures notwithstanding the fact that is as a result thereof one or more of such Debentures may become subject to be redeemedredemption in part only. In the event that one or more of such Notes Debentures becomes subject to redemption in part only, upon surrender of any such Notes Debentures for payment of the Redemption Price, together with interest accrued to but excluding the applicable Redemption Date, with respect to one or more Global Debentures, the Issuer Depository shall make notations on the Global Debenture of the principal amount thereof so redeemed or, if the Debentures are then in fully registered form, the Corporation shall execute and the Debenture Trustee shall authenticate certify and deliver without charge to the Holder holder thereof or upon the Holderholder’s order one or more new Notes of such series Debentures for the unredeemed part of the principal amount of the Notes Debenture or Debentures so surrendered or, with respect to Global Notes, the Trustee shall make notations on the Global Notes of the principal amount thereof so redeemedsurrendered. Unless the context otherwise requires, the terms “NoteDebenture” or “NotesDebentures” as used in this Article 6 4 shall be deemed to mean or include any part of the principal amount of any Note Debenture which in accordance with the foregoing provisions has become subject to redemption.
Appears in 1 contract
Partial Redemption. (a) If less than all of the Notes Debentures of any series for the time being outstanding are at any time to be redeemed, or if a portion of the Debentures being redeemed at any timeare being redeemed for cash and a portion of such Debentures are being redeemed by the payment of Freely Tradable Common Shares pursuant to Section 4.6, the Debentures to be so redeemed shall be selected by the Trustee will select Notes of such series for redemption as follows:
(i) if the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchange; or
(ii) if the Notes are not so listed, on a pro rata basis, by lot basis to the nearest multiple of $1,000 in accordance with the principal amount of the Debentures registered in the name of each holder or by in such method as the Trustee will deem fair and appropriate; or
(iii) if the Notes are included in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection other manner as the Trustee deems appropriate. Subject equitable, subject to compliance with Applicable Securities Legislation and to the foregoing and approval of the Supplemental Indenture relating TSX or such other exchange on which the Debentures and/or Common Shares are then listed or quoted for trading, as may be required from time to time. Unless otherwise specifically provided in the terms of any series of Notes (orDebentures, in the case of the 2023 Notes, Article 4), Notes or portions of Notes the Trustee selects for redemption no Debenture shall be in minimum amounts of $1,000 or integral multiples of $1,000.
(b) If Notes of any series are to be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of unless the principal amount redeemed is $1,000 or a multiple thereof. For this purpose, the Trustee may make, and from time to time vary, regulations with respect to the manner in which such Debentures may be drawn for redemption and regulations so made shall be valid and binding upon all holders of such Notes Debentures notwithstanding that is as a result thereof one or more of such Debentures may become subject to be redeemedredemption in part only or for cash only. In the event that one or more of such Notes Debentures becomes subject to redemption in part only, upon surrender of any such Notes Debentures for payment of the Redemption Price, together with interest accrued (less any tax required by law to be deducted) to but excluding the applicable Redemption Date, the Issuer Corporation shall execute and the Trustee shall authenticate certify and deliver without charge to the Holder holder thereof or upon the Holder’s holder's order one or more new Notes of such series Debentures for the unredeemed part of the principal amount of the Notes Debenture or Debentures so surrendered or, with respect to a Global NotesDebenture, the Trustee Depository shall make notations on the Global Notes Debenture of the principal amount thereof so redeemed. Unless the context otherwise requires, the terms “Note” "Debenture" or “Notes” "Debentures" as used in this Article 6 4 shall be deemed to mean or include any part of the principal amount of any Note Debenture which in accordance with the foregoing provisions has become subject to redemption.
Appears in 1 contract
Samples: Convertible Debenture Indenture
Partial Redemption. (a) If less than all of the Notes of any series are to be redeemed at any time, unless otherwise required by law, the applicable stock exchange or the requirements of the Depository, the Trustee will select Notes of such series for redemption as follows:
(i) if the Notes are listed on any national securities exchange, including the Canadian Securities Exchange, in compliance with the requirements of the principal national securities exchangeexchange on which such Notes are listed; or
(ii) if the Notes are not so listedlisted on any national securities exchange, on a pro rata basis, by lot or by such method as the Trustee will deem fair and appropriate; or
(iii) if the Notes are included in global form based on a method required by CDS, or, a method that most nearly approximates a pro rata selection as the Trustee deems fair and appropriate. Subject to the foregoing and the Supplemental Indenture relating to any series of Notes (or, in the case of the 2023 Notes, Article 4)foregoing, Notes or portions of Notes the Trustee selects for redemption shall be in minimum amounts of $1,000 100 or integral multiples a multiple of $1,000100 in excess thereof.
(b) If Notes of any series are to be redeemed in part only, the Redemption Notice that relates to such Notes will state the portion of the principal amount of such Notes that is to be redeemed. In the event that one or more of such Notes becomes subject to redemption in part only, upon surrender of any such Notes for payment of the Redemption Priceredemption price, together with interest accrued to but excluding (i) in the applicable Redemption Datecase of Definitive Notes, the Issuer shall execute and the Trustee shall authenticate and deliver without charge to the Holder thereof or upon the Holder’s order one or more new Notes of such series for the unredeemed part of the principal amount of the Notes so surrendered or, with respect to and (ii) in the case of Global Notes, the Trustee shall make notations on the Global Notes (or in the case of uncertificated Global Notes, in accordance with the Trustee’s Internal Procedures) of the principal amount thereof so redeemed. Unless the context otherwise requires, the terms “Note” or “Notes” as used in this Article 6 shall be deemed to mean or include any part of the principal amount of any Note which in accordance with the foregoing provisions has become subject to redemption.
Appears in 1 contract
Samples: Trust Indenture