Common use of Payment of Notes Called for Redemption by the Company Clause in Contracts

Payment of Notes Called for Redemption by the Company. (a) If notice of redemption has been given as provided in Section 4.2, the Notes or portion of Notes with respect to which such notice has been given shall become due and payable and if the Paying Agent holds funds sufficient to pay the Redemption Price of the Notes on the Redemption Date and at the place or places stated in such notice at the Redemption Price, and unless the Company defaults in the payment of the Redemption Price, then on and after such date (i) interest will cease to accrue on any Notes called for redemption at the Redemption Date, (ii) on and after the Redemption Date (unless the Company defaults in the payment of the Redemption Price) such Notes shall cease to be entitled to any benefit or security under the Indenture and (iii) the Holders thereof shall have no right in respect of such Notes except the right to receive the Redemption Price thereof. On presentation and surrender of such Notes at a place of payment in said notice specified, the said Notes or the specified portions thereof shall be paid and redeemed by the Company at the Redemption Price, together with interest accrued thereon to, but excluding, the Redemption Date. Such will be the case whether or not book-entry transfer of the Notes in book-entry form is made and whether or not the Notes in certificated form, together with necessary endorsements, are delivered to the Paying Agent; provided, however, if the Redemption Date falls after a Record Date and on or prior to the corresponding Interest Payment Date, the Company will pay the full amount of accrued and unpaid interest and premium, if any, due on such Interest Payment Date to the Holder of record at the close of business on the corresponding Record Date. (b) Upon presentation of any Note redeemed in part only, the Company shall execute and the Trustee shall authenticate and make available for delivery to the Holder thereof, at the expense of the Company, a new Note or Notes, of authorized denominations, in principal amount equal to the unredeemed portion of the Notes so presented.

Appears in 18 contracts

Samples: Thirteenth Supplemental Indenture (Extra Space Storage Inc.), Twelfth Supplemental Indenture (Extra Space Storage Inc.), Eleventh Supplemental Indenture (Extra Space Storage Inc.)

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Payment of Notes Called for Redemption by the Company. (a) If notice of redemption has been given as provided in Section 4.2, the Notes or portion of Notes with respect to which such notice has been given shall become due and payable and if the Paying Agent holds funds sufficient to pay the Redemption Price of the Notes on the Redemption Date and at the place or places stated in such notice at the Redemption Price, and unless the Company defaults in the payment of the Redemption Price, then on and after such date (i1) such Notes will cease to be outstanding, (2) interest will cease to accrue on any Notes called for redemption at the Redemption Date, (ii3) on and after the Redemption Date (unless the Company defaults in the payment of the Redemption Price) such Notes shall cease to be entitled to any benefit or security under the Indenture and (iii4) the Holders thereof shall have no right in respect of such Notes except the right to receive the Redemption Price thereof. On presentation and surrender of such Notes at a place of payment in said notice specified, the said Notes or the specified portions thereof shall be paid and redeemed by the Company at the Redemption Price, together with interest accrued thereon to, but excluding, the Redemption Date. Such will be the case whether or not book-entry transfer of the Notes in book-entry form is made and whether or not the Notes in certificated form, together with necessary endorsements, are delivered to the Paying Agent; provided, however, if the Redemption Date falls after a Record Date and on or prior to the corresponding Interest Payment Date, the Company will pay the full amount of accrued and unpaid interest and premiuminterest, if any, due on such Interest Payment Date to the Holder of record at the close of business on the corresponding Record DateDate (instead of the Holder surrendering its Notes for redemption). (b) Upon presentation of any Note redeemed in part only, the Company shall execute and the Trustee shall shall, upon receipt of an Authentication Order, authenticate and make available for delivery to the Holder thereof, at the expense of the Company, a new Note or Notes, of authorized denominations, in principal amount equal to the unredeemed portion of the Notes so presented.

Appears in 7 contracts

Samples: Seventh Supplemental Indenture (Invitation Homes Inc.), Fifth Supplemental Indenture (Invitation Homes Inc.), Supplemental Indenture (Invitation Homes Inc.)

Payment of Notes Called for Redemption by the Company. (a) If notice of redemption has been given as provided in Section 4.2, the Notes or portion of Notes with respect to which such notice has been given shall become due and payable and if the Paying Agent holds funds sufficient to pay the Redemption Price of the Notes on the Redemption Date and at the place or places stated in such notice at the Redemption Price, and unless the Company defaults in the payment of the Redemption Price, then on and after such date (i) interest will cease to accrue on any Notes called for redemption at the Redemption Date, (ii) on and after the Redemption Date (unless the Company defaults in the payment of the Redemption Price) such Notes shall cease to be entitled to any benefit or security under the Indenture and (iii) the Holders thereof shall have no right in respect of such Notes except the right to receive the Redemption Price thereof. On presentation and surrender of such Notes at a place of payment in said notice specified, the said Notes or the specified portions thereof shall be paid and redeemed by the Company at the Redemption Price, together with interest accrued thereon to, but excluding, the Redemption Date. Such will be the case whether or not book-entry transfer of the Notes in book-entry form is made and whether or not the Notes in certificated form, together with necessary endorsements, are delivered to the Paying Agent; provided, however, if the Redemption Date falls after a Record Date and on or prior to the corresponding Interest Payment Date, the Company will pay the full amount of accrued and unpaid interest and premium, if any, due on such Interest Payment Date to the Holder of record at the close of business on the corresponding Record Date. (b) Upon presentation of any Note redeemed in part only, the Company shall execute and the Trustee shall authenticate and make available for delivery to the Holder thereof, at the expense of the Company, a new Note or Notes, of authorized denominations, in principal amount equal to the unredeemed portion of the Notes so presented.

Appears in 7 contracts

Samples: Supplemental Indenture (Spirit Realty Capital, Inc.), Seventh Supplemental Indenture (Spirit Realty Capital, Inc.), Fifth Supplemental Indenture (Spirit Realty, L.P.)

Payment of Notes Called for Redemption by the Company. (a) If notice of redemption has been given as provided in Section 4.2, the Notes or portion of Notes with respect to which such notice has been given shall become due and payable and if the Paying Agent holds funds sufficient to pay the Redemption Price of the Notes on the Redemption Date and at the place or places stated in such notice at the Redemption Price, and unless the Company defaults in the payment of the Redemption Price, then on and after such date (i) interest will cease to accrue on any Notes called for redemption at the Redemption Date, (ii) on and after the Redemption Date (unless the Company defaults in the payment of the Redemption Price) such Notes shall cease to be entitled to any benefit or security under the Indenture and (iii) the Holders thereof shall have no right in respect of such Notes except the right to receive the Redemption Price thereof. On presentation and surrender of such Notes at a place of payment in said notice specified, the said Notes or the specified portions thereof shall be paid and redeemed by the Company at the Redemption Price, together with interest accrued thereon to, but excluding, the Redemption Date. Such will be the case whether or not book-entry transfer of the Notes in book-entry form is made and whether or not the Notes in certificated form, together with necessary endorsements, are delivered to the Paying Agent; provided, however, if the Redemption Date falls after a Record Date and on or prior to the corresponding Interest Payment Date, the Company will pay the full amount of accrued and unpaid interest and premium, if any, due on such Interest Payment Date to the Holder of record at the close of business on the corresponding Record Date. (b) Upon presentation of any Note redeemed in part only, the Company shall execute and the Trustee shall shall, upon receipt of an Authentication Order, authenticate and make available for delivery to the Holder thereof, at the expense of the Company, a new Note or Notes, of authorized denominations, in principal amount equal to the unredeemed portion of the Notes so presented.

Appears in 5 contracts

Samples: Second Supplemental Indenture (Istar Inc.), First Supplemental Indenture (Istar Inc.), Second Supplemental Indenture (Safehold Inc.)

Payment of Notes Called for Redemption by the Company. (a) If notice of redemption has been given as provided in Section 4.2, the Notes or portion of Notes with respect to which such notice has been given shall become due and payable and if the Paying Agent holds funds sufficient to pay the Redemption Price of the Notes on the Redemption Date and at the place or places stated in such notice at the Redemption Price, and unless the Company defaults shall default in the payment of such Notes at the Redemption Price, then interest on and after such date (i) interest will the Notes or portion of Notes so called for redemption shall cease to accrue on any Notes called for redemption at and after the Redemption DateDate and, (ii) on and after the Redemption Date (unless the Company defaults shall default in the payment of the Redemption Price) such Notes shall cease to be entitled to any benefit or security under the Indenture Indenture, and (iii) the Holders thereof shall have no right in respect of such Notes except the right to receive the Redemption Price thereof. On presentation and surrender of such Notes at a place of payment in said notice specified, the said Notes or the specified portions thereof shall be paid and redeemed by the Company at the Redemption Price, together with interest accrued thereon to, but excluding, the Redemption Date. Such will be the case whether or not book-entry transfer of the Notes in book-entry form is made and whether or not the Notes in certificated form, together with necessary endorsements, are delivered to the Paying Agent; provided, however, if the Redemption Date falls after a Record Date and on or prior to the corresponding Interest Payment Date, the Company will pay the full amount of accrued and unpaid interest and premium, if any, due on such Interest Payment Date to the Holder of record at the close of business on the corresponding Record Date. (b) Upon presentation of any Note redeemed in part only, the Company shall execute and the Trustee shall authenticate and make available for delivery to the Holder thereof, at the expense of the Company, a new Note or Notes, of authorized denominations, in principal amount equal to the unredeemed portion of the Notes so presented.

Appears in 5 contracts

Samples: Supplemental Indenture (Digital Realty Trust, L.P.), Supplemental Indenture (Digital Realty Trust, L.P.), Supplemental Indenture (Digital Realty Trust, L.P.)

Payment of Notes Called for Redemption by the Company. (a) If notice of redemption has been given as provided in Section 4.24.2 hereof, and subject to the satisfaction of any conditions of a conditional redemption, the Notes or portion of Notes with respect to which such notice has been given shall will become due and payable and if the Paying Agent holds funds sufficient to pay the Redemption Price of the Notes on the Redemption Date and at the place or places stated in such notice at the Redemption Price, and unless the Company defaults in the payment of such Notes at the Redemption Price, so long as Paying Agent holds funds sufficient to pay the Redemption Price of the Notes to be redeemed on the Redemption Date, then (a) such Notes will cease to be outstanding on and after such date (i) interest will cease to accrue on any Notes called for redemption at the Redemption Date, (iib) subject to the right of holders as of the close of business on a record date to receive the corresponding interest payment, interest on the Notes or portion of Notes so called for redemption will cease to accrue on and after the Redemption Date (unless the Company defaults in the payment of the Redemption Price) such Notes shall cease to be entitled to any benefit or security under the Indenture and (iiic) the Holders thereof shall of the Notes will have no right in respect of such Notes except the right to receive the Redemption Price thereof. On presentation and surrender of such Notes at a place of payment in said notice specified, the said Notes or the specified portions thereof shall will be paid and redeemed by the Company at the Redemption Price, together with interest accrued thereon to, but excluding, the Redemption Date. Such will be the case whether or not book-entry transfer of the Notes in book-entry form is made and whether or not the Notes in certificated form, together with necessary endorsements, are delivered to the Paying Agent; provided, however, if the Redemption Date falls after a Record Date and on or prior to the corresponding Interest Payment Date, the Company will pay the full amount of accrued and unpaid interest and premium, if any, due on such Interest Payment Date to the Holder of record at the close of business on the corresponding Record Date. (b) Upon presentation of any Note redeemed in part only, the Company shall will execute and the Trustee shall will authenticate and make available for delivery to the Holder thereof, at the expense of the Company, a new Note or Notes, of authorized denominations, in principal amount equal to the unredeemed portion of the Notes so presented.

Appears in 4 contracts

Samples: Supplemental Indenture (STORE CAPITAL Corp), Supplemental Indenture (STORE CAPITAL Corp), Supplemental Indenture (STORE CAPITAL Corp)

Payment of Notes Called for Redemption by the Company. (a) If notice of redemption has been given as provided in Section 4.2, the Notes or portion of Notes with respect to which such notice has been given shall become due and payable and if the Paying Agent holds funds sufficient to pay the Redemption Price of the Notes on the Redemption Date and at the place or places stated in such notice at the Redemption Price, and unless the Company defaults shall default in the payment of such Notes at the Redemption Price, so long as the Paying Agent holds funds sufficient to pay the Redemption Price of the Notes to be redeemed on the Redemption Date, then (a) such Notes will cease to be outstanding on and after such date (i) interest will cease to accrue on any Notes called for redemption at the Redemption Date, (iib) interest on the Notes or portion of Notes so called for redemption shall cease to accrue on and after the Redemption Date, (c) on and after the Redemption Date (unless the Company defaults shall default in the payment of the Redemption Price) ), such Notes shall will cease to be entitled to any benefit or security under the Indenture this Indenture, and (iiid) the Holders thereof of the Notes shall have no right in respect of such Notes except the right to receive the Redemption Price thereof. On presentation and surrender of such Notes at a place of payment in said notice specified, the said Notes or the specified portions thereof shall be paid and redeemed by the Company at the Redemption Price, together with interest accrued thereon to, but excluding, the Redemption Date. Such will be the case whether or not book-entry transfer of the Notes in book-entry form is made and whether or not the Notes in certificated form, together with necessary endorsements, are delivered to the Paying Agent; provided, however, if the Redemption Date falls after a Record Date and on or prior to the corresponding Interest Payment Date, the Company will pay the full amount of accrued and unpaid interest and premium, if any, due on such Interest Payment Date to the Holder of record at the close of business on the corresponding Record Date. (b) Upon presentation of any Note redeemed in part only, the Company shall execute and the Trustee shall authenticate and make available for delivery to the Holder thereof, at the expense of the Company, a new Note or Notes, of authorized denominations, in principal amount equal to the unredeemed portion of the Notes so presented.

Appears in 3 contracts

Samples: Supplemental Indenture (BioMed Realty L P), Supplemental Indenture (BioMed Realty L P), Supplemental Indenture (BioMed Realty L P)

Payment of Notes Called for Redemption by the Company. (a) If notice of redemption has been given as provided in Section 4.24.2 hereof, and subject to the satisfaction of any conditions of a conditional redemption, the Notes or portion of Notes with respect to which such notice has been given shall become due and payable and if the Paying Agent holds funds sufficient to pay the Redemption Price of the Notes on the Redemption Date and at the place or places stated in such notice at the Redemption Price, and unless the Company defaults shall default in the payment of such Notes at the Redemption Price, so long as Paying Agent holds funds sufficient to pay the Redemption Price of the Notes to be redeemed on the Redemption Date, then (a) such Notes will cease to be outstanding on and after such date (i) interest will cease to accrue on any Notes called for redemption at the Redemption Date, (iib) interest on the Notes or portion of Notes so called for redemption shall cease to accrue on and after the Redemption Date (unless the Company defaults in the payment of the Redemption Price) such Notes shall cease to be entitled to any benefit or security under the Indenture and (iiic) the Holders thereof of the Notes shall have no right in respect of such Notes except the right to receive the Redemption Price thereof. On presentation and surrender of such Notes at a place of payment in said notice specified, the said Notes or the specified portions thereof shall be paid and redeemed by the Company at the Redemption Price, together with interest accrued thereon to, but excluding, the Redemption Date. Such will be the case whether or not book-entry transfer of the Notes in book-entry form is made and whether or not the Notes in certificated form, together with necessary endorsements, are delivered to the Paying Agent; provided, however, if the Redemption Date falls after a Record Date and on or prior to the corresponding Interest Payment Date, the Company will pay the full amount of accrued and unpaid interest and premium, if any, due on such Interest Payment Date to the Holder of record at the close of business on the corresponding Record Date. (b) Upon presentation of any Note redeemed in part only, the Company shall execute and the Trustee shall authenticate and make available for delivery to the Holder thereof, at the expense of the Company, a new Note or Notes, of authorized denominations, in principal amount equal to the unredeemed portion of the Notes so presented.

Appears in 3 contracts

Samples: Supplemental Indenture (Hudson Pacific Properties, L.P.), Supplemental Indenture (Hudson Pacific Properties, L.P.), Supplemental Indenture (Hudson Pacific Properties, L.P.)

Payment of Notes Called for Redemption by the Company. (a) If notice of redemption has been given as provided in Section 4.23.02, the Notes or portion of Notes with respect to which such notice has been given shall shall, unless converted into Common Stock pursuant to the terms hereof, become due and payable and if the Paying Agent holds funds sufficient to pay the Redemption Price of the Notes on the Redemption Date and at the place or places stated in such notice at the applicable Redemption Price, and unless the Company defaults in the payment of the Redemption Price, then on and after such date (i) interest will cease to accrue on any Notes called for redemption at the Redemption Date, (ii) on and after the Redemption Date (unless the Company defaults shall default in the payment of such Notes at the Redemption Price) Interest on the Notes or portion of Notes so called for redemption shall cease to accrue and, after the close of business on the second Business Day immediately preceding the Redemption Date (unless the Company shall default in the payment of such Notes at the Redemption Price) such Notes shall cease to be convertible into Common Stock and, except as provided in Section 8.01(i), to be entitled to any benefit or security under this Indenture, and the Indenture and (iii) the Holders holders thereof shall have no right in respect of such Notes except the right to receive the Redemption Price thereof. On presentation and surrender of such Notes at a place of payment in said notice specified, the said Notes or the specified portions thereof shall be paid and redeemed by the Company at the applicable Redemption Price, together with interest accrued thereon to, but excluding, the Redemption Date. Such will be the case whether or not book-entry transfer of the Notes in book-entry form is made and whether or not the Notes in certificated form, together with necessary endorsements, are delivered to the Paying Agent; provided, however, provided that if the applicable Redemption Date falls after a Record Date and on or prior to the corresponding is an Interest Payment Date, the Company will pay the full amount of accrued and unpaid interest and premium, if any, due Interest payable on such Interest Payment Date shall be paid on such Interest Payment Date to the Holder holders of record at the close of business such Notes on the corresponding Record Date. (b) applicable record date instead of the holders surrendering such Notes for redemption on such date. Upon presentation of any Note redeemed in part only, the Company shall execute and the Trustee shall authenticate and make available for delivery to the Holder holder thereof, at the expense of the Company, a new Note or Notes, of authorized denominations, in principal amount equal to the unredeemed portion of the Notes so presented. Notwithstanding the foregoing, the Trustee shall not redeem any Notes or mail any Redemption Notice during the continuance of a default in payment of Interest on the Notes. If any Note called for redemption shall not be so paid upon surrender thereof for redemption, the principal shall, until paid or duly provided for, continue to bear interest at the rate borne by the Note, compounded semi-annually, and such Note shall remain convertible into Common Stock until the principal and Interest shall have been paid or duly provided for.

Appears in 3 contracts

Samples: Indenture (Alliant Techsystems Inc), Indenture (Alliant Techsystems Inc), Indenture (Alliant Techsystems Inc)

Payment of Notes Called for Redemption by the Company. (a) If notice of redemption has been given as provided in Section 4.23.02, the Notes or portion of Notes with respect to which such notice has been given shall shall, unless exchanged into Common Stock pursuant to the terms hereof, become due and payable and if the Paying Agent holds funds sufficient to pay the Redemption Price of the Notes on the Redemption Date and at the place or places stated in such notice at the Redemption PricePrice plus interest accrued to, and unless the Company defaults in the payment of but not including, the Redemption Price, then Date. Interest on and after such date (i) interest will the Notes or portion of Notes so called for redemption shall cease to accrue on any Notes called for redemption at the Redemption Date, (ii) on and after the Redemption Date (unless the Company defaults shall default in the payment of the Redemption PricePrice plus interest accrued to, but not including, the Redemption Date) and after 5:00 p.m., New York City time, on the second Trading Day immediately preceding the Redemption Date, such Notes shall cease to be exchangeable into Common Stock and, except as provided in Section 7.05, to be entitled to any benefit or security under this Indenture, and the Indenture and (iii) the Holders holders thereof shall have no right in respect of such Notes except the right to receive the Redemption Price thereofplus interest accrued to, but not including, the Redemption Date. On presentation and surrender of such Notes at a place of payment in said notice specified, the said Notes or the specified portions thereof shall be paid and redeemed by the Company at the Redemption Price, together with Price plus interest accrued thereon to, but excludingnot including, the Redemption Date. Such will be the case whether or not book-entry transfer of the Notes in book-entry form is made and whether or not the Notes in certificated form, together with necessary endorsements, are delivered to the Paying Agent; provided, however, provided that if the applicable Redemption Date falls is after a the applicable Regular Record Date and on or prior to the corresponding before an Interest Payment Date, the Company will pay the full amount of accrued and unpaid interest and premium, if any, due Interest payable on such Interest Payment Date shall be paid on such Interest Payment Date to the Holder holders of record at the close of business such Notes on the corresponding applicable Regular Record DateDate instead of the holders surrendering such Notes for redemption on such date. (ba) Upon presentation of any Note redeemed in part only, the Company shall execute and the Trustee shall authenticate and make available for delivery to the Holder holder thereof, at the expense of the Company, a new Note or Notes, of authorized denominations, in principal amount Principal Amount equal to the unredeemed portion of the Notes so presented. Notwithstanding the foregoing, the Trustee shall not redeem any Notes or mail any Redemption Notice during the continuance of a default in payment of Interest on the Notes. If any Note called for redemption shall not be so paid upon surrender thereof for redemption, the principal shall, until paid or duly provided for, continue to bear interest at the rate borne by the Note, compounded semi-annually, and such Note shall remain exchangeable into cash or a combination of cash and Common Stock, as the case may be, until the Principal Amount and Interest shall have been paid or duly provided for. The Company will notify all of the holders if the Company redeems any of the Notes.

Appears in 3 contracts

Samples: Indenture (O Reilly Automotive Inc), Indenture (CSK Auto Corp), Indenture (CSK Auto Corp)

Payment of Notes Called for Redemption by the Company. (a) If notice of redemption has been given as provided in Section 4.2, the Notes or portion of Notes with respect to which such notice has been given shall become due and payable and if the Paying Agent holds funds sufficient to pay the Redemption Price of the Notes on the Redemption Date and at the place or places stated in such notice at the Redemption Price, and unless the Company defaults in the payment of the Redemption Price, then on and after such date (i) interest will cease to accrue on any Notes called for redemption at the Redemption Date, (ii) on and after the Redemption Date (unless the Company defaults in the payment of the Redemption Price) such Notes shall cease to be entitled to any benefit or security under the Indenture and (iii) the Holders thereof shall have no right in respect of such Notes except the right to receive the Redemption Price thereof. On presentation and surrender of such Notes at a place of payment in said notice specified, the said Notes or the specified portions thereof shall be paid and redeemed by the Company at the Redemption Price, together with interest accrued thereon to, but excluding, the Redemption Date. Such will be the case whether or not book-entry transfer of the Notes in book-entry form is made and whether or not the Notes in certificated form, together with necessary endorsements, are delivered to the Paying Agent; provided, however, if the Redemption Date falls after a Record Date and on or prior to the corresponding Interest Payment Date, the Company will pay the full amount of accrued and unpaid interest and premium, if any, due on such Interest Payment Date to the Holder of record at the close of business on the corresponding Record Date. (b) Notwithstanding the foregoing, installments of interest that are due and payable on any Interest Payment Date falling on or prior to a Redemption Date will be payable to the persons who were the registered Holders of the Notes (or one or more predecessor notes) at the close of business on the relevant Record Date for such Interest Payment Date according to their terms and the provisions of this Indenture. Written notice of redemption must be given to the Trustee on the date that the Redemption Price is determined and to the Holders of the Notes (or portions thereof) to be redeemed (with a copy to the Trustee) not less than 10 nor more than 60 days prior to the Redemption Date. (c) Upon presentation of any Note redeemed in part only, the Company shall execute and the Trustee shall shall, upon receipt of an Authentication Order, authenticate and make available for delivery to the Holder thereof, at the expense of the Company, a new Note or Notes, of authorized denominations, in principal amount equal to the unredeemed portion of the Notes so presented.

Appears in 2 contracts

Samples: Fifth Supplemental Indenture (Safehold Inc.), Fourth Supplemental Indenture (Safehold Inc.)

Payment of Notes Called for Redemption by the Company. (a) If notice of redemption has been given as provided in Section 4.23.02, the Notes or portion of Notes with respect to which such notice has been given shall become due and payable and if the Paying Agent holds funds sufficient to pay the Redemption Price of the Notes on the Redemption Date and at the place or places stated in such notice at the Redemption Price, and unless the Company defaults shall default in the payment of the Redemption Priceamounts owing on the Notes upon such redemption, then interest on the Notes or portion of Notes so called for redemption shall cease to accrue on and after such date (i) interest will cease to accrue on any Notes called for redemption at and the Redemption Date, (ii) on and after the Redemption Date (unless the Company defaults in the payment of the Redemption Price) such Notes shall cease to be entitled to any benefit or security under the Indenture this Supplemental Indenture, and (iii) the Holders thereof shall have no right in respect of such Notes except the right to receive the Redemption Price thereof. On presentation and surrender of such Notes at a place of payment in said notice specified, the said Notes or the specified portions thereof shall be paid and redeemed by the Company at the Redemption Price, together with interest accrued thereon to, but excluding, the Redemption Date. Such will be the case whether or not book-entry transfer of the Notes in book-entry form is made and whether or not the Notes in certificated form, together with necessary endorsements, are delivered to the Paying Agent; provided, however, if the Redemption Date falls after a Record Date and on or prior to the corresponding Interest Payment Date, the Company will pay the full amount of accrued and unpaid interest and premium, if any, due on such Interest Payment Date to the Holder of record at the close of business on the corresponding Record Date. (b) Upon presentation of any Note redeemed in part only, the Company shall execute and the Trustee Authenticating Agent, upon receipt of a Company Request, shall authenticate and make available for delivery to the Holder thereof, at the expense of the Company, a new Note or Notes, of authorized denominations, in principal amount equal to the unredeemed portion of the Notes so presented.

Appears in 2 contracts

Samples: Second Supplemental Indenture (KKR Financial Holdings LLC), First Supplemental Indenture (KKR Financial Holdings LLC)

Payment of Notes Called for Redemption by the Company. (a) If notice of redemption has been given as provided in Section 4.23.02, the Notes or portion of Notes with respect to which such notice has been given shall shall, unless converted pursuant to the terms hereof, become due and payable and if the Paying Agent holds funds sufficient to pay the Redemption Price of the Notes on the Redemption Date date fixed for redemption and at the place or places stated in such notice at the Redemption Priceapplicable redemption price, together with interest accrued to (but excluding) the redemption date, and on and after said date (unless the Company defaults shall default in the payment of such Notes at the Redemption Priceredemption price, then on and after such date (itogether with interest accrued to said date) interest will on the Notes or portion of Notes so called for redemption shall cease to accrue on any Notes called for redemption at the Redemption Dateand, (ii) on and after the Redemption Date (unless close of business on the Company defaults in Business Day immediately preceding the payment of the Redemption Price) redemption date, such Notes shall cease to be convertible and, except as provided in Sections 7.06 and 12.04, to be entitled to any benefit or security under this Indenture, and the Indenture and (iii) the Holders holders thereof shall have no right in respect of such Notes except the right to receive the Redemption Price thereofredemption price thereof and unpaid interest to (but excluding) the redemption date. On presentation and surrender of such Notes at a place of payment in said notice specified, the said Notes or the specified portions thereof shall be paid and redeemed by the Company at the Redemption Priceapplicable redemption price, together with interest accrued thereon to, but excluding, the Redemption Date. Such will redemption date; provided that if the applicable redemption date is an interest payment date, the interest payable on such interest payment date shall be payable to the case whether or not book-entry transfer holders of record of such Notes on the applicable record date instead of the holders surrendering such Notes in book-entry form is made and whether or not the Notes in certificated form, together with necessary endorsements, are delivered to the Paying Agent; provided, however, if the Redemption Date falls after a Record Date and on or prior to the corresponding Interest Payment Date, the Company will pay the full amount of accrued and unpaid interest and premium, if any, due for redemption on such Interest Payment Date to the Holder of record at the close of business on the corresponding Record Date. (b) date. Upon presentation of any Note redeemed in part only, the Company shall execute and the Trustee shall authenticate and make available for delivery to the Holder holder thereof, at the expense of the Company, a new Note or Notes, of authorized denominations, in principal amount equal to the unredeemed portion of the Notes so presented. Notwithstanding the foregoing, the Trustee shall not redeem any Notes or mail any notice of redemption during the continuance of a default in payment of interest or premium, if any, on the Notes. If any Note called for redemption shall not be so paid upon surrender thereof for redemption, the principal and premium, if any, shall, until paid or duly provided for, bear interest from the redemption date at a rate equal to 1% per annum plus the rate borne by the Note (without duplication of the 1% increase provided for under Section 6.02) and such Note shall remain convertible into Common Stock or cash until the principal and premium, if any, and interest shall have been paid or duly provided for.

Appears in 2 contracts

Samples: Indenture (Nii Holdings Inc), Indenture (Nii Holdings Inc)

Payment of Notes Called for Redemption by the Company. (a) If notice of redemption has been given as provided in Section 4.23.02, the Notes or portion of Notes with respect to which such notice has been given shall shall, unless converted into Common Stock pursuant to the terms hereof, become due and payable and if the Paying Agent holds funds sufficient to pay the Redemption Price of the Notes on the Redemption Date date fixed for redemption and at the place or places stated in such notice at the Redemption Priceapplicable redemption price, together with interest accrued to (but excluding) the redemption date, and on and after said date (unless the Company defaults shall default in the payment of such Notes at the Redemption Priceredemption price, then on and after such date (itogether with interest accrued to said date) interest will on the Notes or portion of Notes so called for redemption shall cease to accrue on any Notes called for redemption at the Redemption Dateand, (ii) on and after the Redemption Date (unless close of business on the Company defaults in Business Day immediately preceding the payment of the Redemption Price) redemption date, such Notes shall cease to be convertible into Common Stock and, except as provided in Sections 7.05 and 12.04, to be entitled to any benefit or security under this Indenture, and the Indenture and (iii) the Holders holders thereof shall have no right in respect of such Notes except the right to receive the Redemption Price thereofredemption price thereof and unpaid interest to (but excluding) the redemption date. On presentation and surrender of such Notes at a place of payment in said notice specified, the said Notes or the specified portions thereof shall be paid and redeemed by the Company at the Redemption Priceapplicable redemption price, together with interest accrued thereon to, but excluding, the Redemption Date. Such will redemption date; provided that if the applicable redemption date is an interest payment date, the interest payable on such interest payment date shall be payable to the case whether or not book-entry transfer holders of record of such Notes on the applicable record date instead of the holders surrendering such Notes in book-entry form is made and whether or not the Notes in certificated form, together with necessary endorsements, are delivered to the Paying Agent; provided, however, if the Redemption Date falls after a Record Date and on or prior to the corresponding Interest Payment Date, the Company will pay the full amount of accrued and unpaid interest and premium, if any, due for redemption on such Interest Payment Date to the Holder of record at the close of business on the corresponding Record Date. (b) date. Upon presentation of any Note redeemed in part only, the Company shall execute and the Trustee shall authenticate and make available for delivery to the Holder holder thereof, at the expense of the Company, a new Note or Notes, of authorized denominations, in principal amount equal to the unredeemed portion of the Notes so presented. Notwithstanding the foregoing, the Trustee shall not redeem any Notes or mail any notice of redemption during the continuance of a default in payment of interest or premium, if any, on the Notes. If any Note called for redemption shall not be so paid upon surrender thereof for redemption, the principal and premium, if any, shall, until paid or duly provided for, bear interest from the redemption date at a rate equal to 1% per annum plus the rate borne by the Note (without duplication of the 1% increase provided for under Section 6.02) and such Note shall remain convertible into Common Stock until the principal and premium, if any, and interest shall have been paid or duly provided for.

Appears in 1 contract

Samples: Indenture (Airtran Airways Inc)

Payment of Notes Called for Redemption by the Company. (a) If notice of redemption has been given as provided in Section 4.23.02, the Notes or portion of Notes with respect to which such notice has been given shall shall, unless converted pursuant to the terms hereof, become due and payable and if the Paying Agent holds funds sufficient to pay the Redemption Price of the Notes on the Redemption Date and at the place or places stated in such notice at the Redemption Price, and unless the Company defaults shall default in the payment of the Redemption Priceamounts owing on the Notes upon such redemption, then interest on the Notes or portion of Notes so called for redemption shall cease to accrue on and after such date (i) interest will cease to accrue on any Notes called for redemption at and, except as provided in Section 7.05 and Section 11.02, the Redemption Date, (ii) on and after the Redemption Date (unless the Company defaults in the payment of the Redemption Price) such Notes shall cease to be entitled to any benefit or security under the Indenture this Supplemental Indenture, and (iii) the Holders thereof shall have no right in respect of such Notes except the right to receive the Redemption Price thereof. On presentation and surrender of such Notes at a place of payment in said notice specified, the said Notes or the specified portions thereof shall be paid and redeemed by the Company at the Redemption Price, together with interest accrued thereon to, but excluding, the Redemption Date. Such will be the case whether or not book-entry transfer of the Notes in book-entry form is made and whether or not the Notes in certificated form, together with necessary endorsements, are delivered to the Paying Agent; provided, however, if the Redemption Date falls after a Record Date and on or prior to the corresponding Interest Payment Date, the Company will pay the full amount of accrued and unpaid interest and premium, if any, due on such Interest Payment Date to the Holder of record at the close of business on the corresponding Record Date. (b) Upon presentation of any Note redeemed in part only, the Company shall execute and the Trustee shall authenticate and make available for delivery to the Holder thereof, at the expense of the Company, a new Note or Notes, of authorized denominations, in principal amount equal to the unredeemed portion of the Notes so presented. Notes and portions of Notes that are to be redeemed pursuant to this Article 3 shall be convertible by the Holder thereof until 5:00 p.m., New York City time, on the Business Day immediately preceding the Redemption Date, unless the Company shall fail to pay the Redemption Price.

Appears in 1 contract

Samples: First Supplemental Indenture (KKR Financial Holdings LLC)

Payment of Notes Called for Redemption by the Company. (a) If notice of redemption has been given as provided in Section 4.2, the Notes or portion of Notes of a Series with respect to which such notice has been given shall become due and payable and if the Paying Agent holds funds sufficient to pay the Redemption Price of the Notes on the Redemption Date and at the place or places stated in such notice at the Redemption Price, and unless the Company defaults shall default in the payment of such Notes at the Redemption Price, then interest on and after such date (i) interest will the Notes or portion of Notes of a Series so called for redemption shall cease to accrue on any Notes called for redemption at and after the Redemption DateDate and, (ii) on and after the Redemption Date (unless the Company defaults shall default in the payment of the Redemption Price) such Notes shall cease to be entitled to any benefit or security under the Indenture Indenture, and (iii) the Holders thereof shall have no right in respect of such Notes except the right to receive the Redemption Price thereof. On presentation and surrender of such Notes at a place of payment in said notice specified, the said Notes or the specified portions thereof shall be paid and redeemed by the Company at the Redemption Price, together with interest accrued thereon to, but excluding, the Redemption Date. Such will be the case whether or not book-entry transfer of the Notes in book-entry form is made and whether or not the Notes in certificated form, together with necessary endorsements, are delivered to the Paying Agent; provided, however, if the Redemption Date falls after a Record Date and on or prior to the corresponding Interest Payment Date, the Company will pay the full amount of accrued and unpaid interest and premium, if any, due on such Interest Payment Date to the Holder of record at the close of business on the corresponding Record Date. (b) Upon presentation of any Note redeemed in part only, the Company shall execute and the Trustee shall authenticate and make available for delivery to the Holder thereof, at the expense of the Company, a new Note or Notes, of authorized denominations, in principal amount equal to the unredeemed portion of the Notes so presented.

Appears in 1 contract

Samples: Supplemental Indenture (Digital Realty Trust, L.P.)

Payment of Notes Called for Redemption by the Company. (a) If notice of redemption has been given as provided in Section 4.23.02, the Notes or portion of Notes with respect to which such notice has been given shall shall, unless converted into Ordinary Shares or ADSs pursuant to the terms hereof, become due and payable and if the Paying Agent holds funds sufficient to pay the Redemption Price of the Notes on the Redemption Date and at the place or places stated in such notice at the applicable Redemption Price, and unless the Company defaults in the payment of the Redemption Price, then on and after such date (i) interest will cease to accrue on any Notes called for redemption at the Redemption Date, (ii) on and after the Redemption Date (unless the Company defaults shall default in the payment of such Notes at the Redemption Price) interest on the Notes or portion of Notes so called for redemption shall cease to accrue and, after the close of business on the second Business Day immediately preceding the Redemption Date (unless the Company shall default in the payment of such Notes at the Redemption Price), such Notes shall cease to be convertible into Ordinary Shares or ADSs and to be entitled to any benefit or security under this Indenture, and the Indenture and (iii) the Holders holders thereof shall have no right in respect of such Notes except the right to receive the Redemption Price thereof. On presentation and surrender of such Notes at a place of payment in said notice specified, the said Notes or the specified portions thereof shall be paid and redeemed by the Company at the applicable Redemption Price, together with interest accrued thereon to, but excluding, the Redemption Date. Such will be the case whether or not book-entry transfer of the Notes in book-entry form is made and whether or not the Notes in certificated form, together with necessary endorsements, are delivered to the Paying Agent; provided, however, provided that if the applicable Redemption Date falls after a Record Date and on or prior to the corresponding is an Interest Payment Date, the Company will pay the full amount of accrued and unpaid interest and premium, if any, due payable on such Interest Payment Date shall be paid on such Interest Payment Date to the Holder holders of record at the close of business such Notes on the corresponding Record Date. (b) applicable record date instead of the holders surrendering such Notes for redemption on such date. Upon presentation of any Note redeemed in part only, the Company shall execute and the Trustee shall authenticate and make available for delivery to the Holder holder thereof, at the expense of the Company, a new Note or Notes, of authorized denominations, in principal amount equal to the unredeemed portion of the Notes so presented. Notwithstanding the foregoing, the Trustee shall not redeem any Notes or mail any Redemption Notice during the continuance of a default in payment of interest on the Notes. If any Note called for redemption shall not be so paid upon surrender thereof for redemption, the principal shall, until paid or duly provided for, continue to bear interest at the rate borne by the Note, compounded semiannually, and such Note shall remain convertible into Ordinary Shares or ADSs until the principal and interest shall have been paid or duly provided for.

Appears in 1 contract

Samples: Indenture (Shanda Interactive Entertainment LTD)

Payment of Notes Called for Redemption by the Company. (a) If notice of redemption has been given as provided in Section 4.23.02, the Notes or portion of Notes with respect to which such notice has been given shall shall, unless converted into Common Stock pursuant to the terms hereof, become due and payable and if the Paying Agent holds funds sufficient to pay the Redemption Price of the Notes on the Redemption Date date fixed for redemption and at the place or places stated in such notice at the Redemption Priceapplicable redemption price, together with Interest accrued to (but excluding) the redemption date, and on and after said date (unless the Company defaults shall default in the payment of such Notes at the Redemption Priceredemption price, then together with Interest accrued to said date) Interest on and after such date (i) interest will the Notes or portion of Notes so called for redemption shall cease to accrue on any Notes called for redemption at the Redemption Dateand, (ii) on and after the Redemption Date close of business on the Business Day immediately preceding the redemption date (unless the Company defaults shall default in the payment of such Notes at the Redemption Priceredemption price, together with Interest accrued to said date) such Notes shall cease to be convertible into Common Stock and, except as provided in Section 8.05 and Section 13.04, to be entitled to any benefit or security under this Indenture, and the Indenture and (iii) the Holders holders thereof shall have no right in respect of such Notes except the right to receive the Redemption Price thereofredemption price thereof and unpaid Interest to (but excluding) the redemption date. On presentation and surrender of such Notes at a place of payment in said notice specified, the said Notes or the specified portions thereof shall be paid and redeemed by the Company at the Redemption Priceapplicable redemption price, together with interest Interest accrued thereon to, but excluding, the Redemption Date. Such will be the case whether or not book-entry transfer of the Notes in book-entry form is made and whether or not the Notes in certificated form, together with necessary endorsements, are delivered to the Paying Agentredemption date; provided, however, provided that if the Redemption Date redemption date falls after a Record Date record date and on or prior to the corresponding Interest Payment Dateinterest payment date, the Company will pay the full amount of then accrued and unpaid interest and premiumInterest, if any, due to, but excluding, the date fixed for redemption shall be paid on such Interest Payment Date interest payment date to the Holder holders of record at the close of business such Notes on the corresponding Record Date. (b) applicable record date instead of the holders surrendering such Notes for redemption on such date. Upon presentation of any Note redeemed in part only, the Company shall execute and the Trustee shall authenticate and make available for delivery to the Holder holder thereof, at the expense of the Company, a new Note or Notes, of authorized denominations, in principal amount equal to the unredeemed portion of the Notes so presented. Notwithstanding the foregoing, the Trustee shall not redeem any Notes or mail any notice of redemption during the continuance of a default in payment of Interest on the Notes. If any Note called for redemption shall not be so paid upon surrender thereof for redemption, the principal shall, until paid or duly provided for, bear interest from the redemption date at a rate equal to 1% per annum plus the rate borne by the Note and such Note shall remain convertible into Common Stock until the principal and Interest shall have been paid or duly provided for.

Appears in 1 contract

Samples: Indenture (Headwaters Inc)

Payment of Notes Called for Redemption by the Company. (a) If notice of redemption has been given as provided in Section 4.23.02, the Notes or portion of Notes with respect to which such notice has been given shall shall, unless converted into Common Stock pursuant to the terms hereof, become due and payable and if the Paying Agent holds funds sufficient to pay the Redemption Price of the Notes on the Redemption Date date fixed for redemption and at the place or places stated in such notice at the Redemption Priceapplicable redemption price, together with interest, accrued to (but excluding) the redemption date, and on and after said date (unless the Company defaults shall default in the payment of such Notes at the Redemption Priceredemption price, then together with interest, if any, accrued to, but excluding, said date) interest on the Notes or portion of Notes so called for redemption shall cease to accrue on and after such date (i) interest will cease to accrue on any Notes called for redemption at the Redemption Dateand, (ii) on and after the Redemption Date close of business on the Business Day immediately preceding the redemption date (unless the Company defaults shall default in the payment of such Notes at the Redemption Priceredemption price, together with interest, accrued to said date) such Notes shall cease to be convertible into Common Stock and, except as provided in Section 9.05 and Section 14.04, to be entitled to any benefit or security under this Indenture, and the Indenture and (iii) the Holders holders thereof shall have no right in respect of such Notes except the right to receive the Redemption Price thereofredemption price thereof and unpaid interest, to (but excluding) the redemption date. On presentation and surrender of such Notes at a place of payment in said notice specified, the said Notes or the specified portions thereof shall be paid and redeemed by the Company at the Redemption Priceapplicable redemption price, together with interest interest, accrued thereon to, but excluding, the Redemption Date. Such will redemption date; provided that if the applicable redemption date is an interest payment date, the interest payable on such interest payment date shall be paid on such interest payment date to the case whether or not book-entry transfer holders of record of such Notes on the applicable Record Date instead of the holders surrendering such Notes in book-entry form is made and whether or not the Notes in certificated form, together with necessary endorsements, are delivered to the Paying Agent; provided, however, if the Redemption Date falls after a Record Date and on or prior to the corresponding Interest Payment Date, the Company will pay the full amount of accrued and unpaid interest and premium, if any, due for redemption on such Interest Payment Date to the Holder of record at the close of business on the corresponding Record Date. (b) date. Upon presentation of any Note redeemed in part only, the Company shall execute and the Trustee shall authenticate and make available for delivery to the Holder holder thereof, at the expense of the Company, a new Note or Notes, of authorized denominations, in principal amount equal to the unredeemed portion of the Notes so presented. Notwithstanding the foregoing, the Trustee shall not redeem any Notes or mail any notice of redemption during the continuance of a default in payment of interest, or premium, if any, on the Notes. If any Note called for redemption shall not be so paid upon surrender thereof for redemption on the redemption date, as provided in Section 3.03, the principal, and premium, if any, shall, until paid or duly provided for, bear interest from and including the redemption date at a rate equal to 1% per annum above the rate borne by the Notes and such Note shall remain convertible into Common Stock until the principal and premium, if any, and interest, shall have been paid or duly provided for.

Appears in 1 contract

Samples: Indenture (Advanced Medical Optics Inc)

Payment of Notes Called for Redemption by the Company. (a) If notice of redemption has been given as provided in Section 4.23.02, the Notes or portion of Notes with respect to which such notice has been given shall shall, unless converted pursuant to the terms hereof, become due and payable and if the Paying Agent holds funds sufficient to pay the Redemption Price of the Notes on the Redemption Date date fixed for redemption and at the place or places stated in such notice at the Redemption Priceapplicable redemption price, together with Interest accrued to (but excluding) the redemption date, and on and after said date (unless the Company defaults shall default in the payment of such Notes at the Redemption Priceredemption price, then together with Interest accrued to said date) Interest on and after such date (i) interest will the Notes or portion of Notes so called for redemption shall cease to accrue on any Notes called for redemption at the Redemption Dateand, (ii) on and after the Redemption Date close of business on the Business Day immediately preceding the redemption date (unless the Company defaults shall default in the payment of such Notes at the Redemption Priceredemption price, together with Interest accrued to said date) such Notes shall cease to be convertible and, except as provided in Section 7.05 and Section 12.04, to be entitled to any benefit or security under this Indenture, and the Indenture and (iii) the Holders holders thereof shall have no right in respect of such Notes except the right to receive the Redemption Price thereofredemption price thereof and unpaid Interest to (but excluding) the redemption date. On presentation and surrender of such Notes at a place of payment in said notice specified, the said Notes or the specified portions thereof shall be paid and redeemed by the Company at the Redemption Priceapplicable redemption price, together with interest Interest accrued thereon to, but excluding, the Redemption Date. Such will be the case whether or not book-entry transfer of the Notes in book-entry form is made and whether or not the Notes in certificated form, together with necessary endorsements, are delivered to the Paying Agentredemption date; provided, however, provided that if the Redemption Date redemption date falls after a Record Date record date and on or prior to the corresponding Interest Payment Dateinterest payment date, the Company will pay the full amount of then accrued and unpaid interest and premiumInterest, if any, due to, but excluding, the date fixed for redemption shall be paid on such Interest Payment Date interest payment date to the Holder holders of record at the close of business such Notes on the corresponding Record Date. (b) applicable record date instead of the holders surrendering such Notes for redemption on such date. Upon presentation of any Note redeemed in part only, the Company shall execute and the Trustee shall authenticate and make available for delivery to the Holder holder thereof, at the expense of the Company, a new Note or Notes, of authorized denominations, in principal amount equal to the unredeemed portion of the Notes so presented. Notwithstanding the foregoing, the Trustee shall not redeem any Notes or send any notice of redemption during the continuance of a default in payment of Interest on the Notes. If any Note called for redemption shall not be so paid upon surrender thereof for redemption, the principal shall, until paid or duly provided for, bear interest from the redemption date at a rate equal to 1% per annum plus the rate borne by the Note and such Note shall remain convertible until the principal and Interest shall have been paid or duly provided for.

Appears in 1 contract

Samples: Indenture (Headwaters Inc)

Payment of Notes Called for Redemption by the Company. (a) If notice of redemption has been given as provided in Section 4.23.02, the Notes or portion of Notes with respect to which such notice has been given shall shall, unless converted pursuant to Article 17, become due and payable and if the Paying Agent holds funds sufficient to pay the Redemption Price of the Notes on the Redemption Date date fixed for redemption and at the place or places stated in such notice at a redemption price in cash equal to 100% of the Redemption Priceprincipal amount of Notes being redeemed, together with Interest and Additional Amounts, if any, accrued and unpaid to (but excluding) the redemption date, and on and after said date (unless the Company defaults shall default in the payment of such Notes at the Redemption Priceredemption price, then together with Interest and Additional Amounts, if any, accrued to said date) Interest and Additional Amounts, if any, on and after such date (i) interest will the Notes or portion of Notes so called for redemption shall cease to accrue on any Notes called for redemption at the Redemption Dateand, (ii) on and after the Redemption Date close of business on the Business Day immediately preceding the redemption date (unless the Company defaults shall default in the payment of such Notes at the Redemption Price) redemption price, together with Interest and Additional Amounts, if any, accrued to said date), such Notes shall cease to be convertible pursuant to Article 17 and, except as provided in Section 9.05, to be entitled to any benefit or security under this Indenture, and the Indenture and (iii) the Holders holders thereof shall have no right in respect of such Notes except the right to receive the Redemption Price thereofredemption price thereof and accrued and unpaid Interest and Additional Amounts, if any, to (but excluding) the redemption date; provided that if the date fixed for redemption falls after a record date and on or prior to the corresponding interest payment date, then the Interest and Additional Amounts, if any, payable on such interest payment date shall be paid to the holders of record of the Notes at the close of business on the applicable record date instead of the holders surrendering the Notes for redemption. On presentation and surrender of such Notes at a place of payment in said notice specified, the said Notes or the specified portions thereof shall be paid and redeemed by the Company at the Redemption Priceapplicable redemption price, together with interest Interest and Additional Amounts, if any, accrued and unpaid thereon to, but excluding, the Redemption Date. Such will be the case whether or not book-entry transfer of the Notes in book-entry form is made and whether or not the Notes in certificated form, together with necessary endorsements, are delivered to the Paying Agentredemption date; provided, however, provided that if the Redemption Date date fixed for redemption falls after a Record Date record date and on or prior to the corresponding interest payment date, then the Interest Payment Date, the Company will pay the full amount of accrued and unpaid interest and premiumAdditional Amounts, if any, due payable on such Interest Payment Date interest payment date shall be paid to the Holder holders of record of the Notes at the close of business on the corresponding Record Date. (b) applicable record date instead of the holders surrendering the Notes for redemption. Upon presentation of any Note redeemed in part only, the Company shall execute and and, upon the request of the Company, the Trustee shall authenticate and make available for delivery to the Holder holder thereof, at the expense of the Company, a new Note or Notes, of authorized denominations, in principal amount equal to the unredeemed portion of the Notes so presented. Notwithstanding the foregoing, no Notes may be redeemed under this Section 3.03, and neither the Company nor the Trustee shall mail any notice of redemption, during the continuance of a default in payment of Interest or Additional Amounts, if any, on the Notes.

Appears in 1 contract

Samples: Indenture (Conexant Systems Inc)

Payment of Notes Called for Redemption by the Company. (a) If notice of redemption has been given as provided in Section 4.2, the Notes or portion of Notes with respect to which such notice has been given shall become due and payable and if the Paying Agent holds funds sufficient to pay the Redemption Price of the Notes on the Redemption Date and at the place or places stated in such notice at the Redemption Price, and unless the Company defaults in the payment of the Redemption Price, then Price and accrued interest on and after such date the Notes (ior portions thereof) interest will cease to accrue on any Notes called for redemption at on a Redemption Date, then, from and after the Redemption Date, (ii) on and after the Redemption Date (unless the Company defaults in the payment of the Redemption Price) such Notes (or portions thereof, as the case may be) shall cease to be entitled to any benefit or security under the Indenture and (iii) the Holders thereof shall have no right in respect of such Notes except the right to receive the Redemption Price thereofbear interest. On presentation and surrender of such Notes at a place of payment in said notice specified, the said Notes or the specified portions thereof shall be paid and redeemed by the Company at the Redemption Price, together with interest accrued thereon to, but excluding, the Redemption Date. Such will be the case whether or not book-entry transfer of the Notes in book-entry form is made and whether or not the Notes in certificated form, together with necessary endorsements, are delivered to the Paying Agent; provided, however, if the Redemption Date falls after a Record Date and on or prior to the corresponding Interest Payment Date, the Company will pay the full amount of accrued and unpaid interest and premium, if any, due on such Interest Payment Date to the Holder of record at the close of business on the corresponding Record Date. (b) Upon presentation of any Note redeemed in part only, the Company shall execute and the Trustee shall shall, upon receipt of an Authentication Order, authenticate and make available for delivery to the Holder thereof, at the expense of the Company, a new Note or Notes, of authorized denominations, in principal amount equal to the unredeemed portion of the Notes so presented.

Appears in 1 contract

Samples: Second Supplemental Indenture (Phillips Edison & Company, Inc.)

Payment of Notes Called for Redemption by the Company. (a) If notice of redemption has been given as provided in Section 4.2, the Notes or portion of Notes with respect to which such notice has been given shall shall, unless converted into Common Shares pursuant to the terms hereof, become due and payable and if the Paying Agent holds funds sufficient to pay the Redemption Price of the Notes on the Redemption Date and at the place or places stated in such notice at the applicable Redemption Price, and unless the Company defaults shall default in the payment of the Redemption Price, then . Interest on and after such date (i) interest will the Notes or portion of Notes so called for redemption shall cease to accrue on any Notes called for redemption at the Redemption Date, (ii) on and after the close of business on the second Business Day immediately preceding the Redemption Date (unless the Company defaults shall default in the payment of the Redemption Price) ), such Notes shall cease to be convertible into Common Shares and, except as provided in , to be entitled to any benefit or security under this Indenture, and the Indenture and (iii) the Holders holders thereof shall have no right in respect of such Notes except the right to receive the Redemption Price thereof. On presentation and surrender of such Notes at a place of payment in said notice specified, the said Notes or the specified portions thereof shall be paid and redeemed by the Company at the applicable Redemption Price, together with interest accrued thereon to, but excluding, the Redemption Date. Such will be the case whether or not book-entry transfer of the Notes in book-entry form is made and whether or not the Notes in certificated form, together with necessary endorsements, are delivered to the Paying Agent; provided, however, provided that if the applicable Redemption Date falls after a Record Date and on or prior to the corresponding is an Interest Payment Date, the Company will pay the full amount of accrued and unpaid interest and premium, if any, due Interest payable on such Interest Payment Date shall be paid on such Interest Payment Date to the Holder holders of record at the close of business such Notes on the corresponding Record Date. (b) applicable record date instead of the holders surrendering such Notes for redemption on such date. Upon presentation of any Note redeemed in part only, the Company shall execute and the Trustee shall authenticate and make available for delivery to the Holder holder thereof, at the expense of the Company, a new Note or Notes, of authorized denominations, in principal amount equal to the unredeemed portion of the Note or Notes so presented. Notwithstanding the foregoing, the Trustee shall not redeem any Notes or mail any Redemption Notices during the continuance of a default in payment of Interest on the Notes. If any Note called for redemption shall not be so paid upon surrender thereof for redemption, the principal shall, until paid or duly provided for, continue to bear interest at the rate borne by the Note, compounded semi-annually, and such Note shall remain convertible into Common Shares, cash or a combination of cash and Common Shares until the principal and Interest shall have been paid or duly provided for. The Company will notify all of the holders if the Company redeems any of the Notes.

Appears in 1 contract

Samples: Indenture (McMoran Exploration Co /De/)

Payment of Notes Called for Redemption by the Company. (a) If notice of redemption has been given as provided in Section 4.23.02, the Notes or portion of Notes thereof with respect to which such notice has been given shall shall, unless converted pursuant to the terms of this Indenture, become due and payable and if the Paying Agent holds funds sufficient to pay the Redemption Price of the Notes on the Redemption Date date fixed for redemption and at the place or places stated in such notice at the Redemption Priceapplicable redemption price, together with interest accrued to (but excluding) the redemption date, and on and after said date (unless the Company defaults shall default in the payment of such Notes at the Redemption Priceredemption price, then on and after such date (itogether with interest accrued to said date) interest will on the Notes or portion thereof so called for redemption shall cease to accrue on any Notes called for redemption at the Redemption Dateand, (ii) on and after the Redemption Date (unless close of business on the Company defaults in Business Day immediately preceding the payment of the Redemption Price) redemption date, such Notes shall cease to be convertible and, except as provided in Sections 7.06 and 12.04, to be entitled to any benefit or security under this Indenture, and the Indenture and (iii) the Holders holders thereof shall have no right in respect of such Notes except the right to receive the Redemption Price thereofredemption price thereof and unpaid interest to (but excluding) the redemption date. On presentation and surrender of such Notes at a place of payment in said notice specified, the said Notes or the specified portions thereof shall be paid and redeemed by the Company at the Redemption Priceapplicable redemption price, together with interest accrued thereon to, to (but excluding) the redemption date; provided that if the applicable redemption date is an interest payment date, the Redemption Date. Such will interest payable on such interest payment date shall be payable to the case whether or not book-entry transfer holders of record of such Notes on the applicable record date instead of the holders surrendering such Notes in book-entry form is made and whether or not the Notes in certificated form, together with necessary endorsements, are delivered to the Paying Agent; provided, however, if the Redemption Date falls after a Record Date and on or prior to the corresponding Interest Payment Date, the Company will pay the full amount of accrued and unpaid interest and premium, if any, due for redemption on such Interest Payment Date to the Holder of record at the close of business on the corresponding Record Date. (b) date. Upon presentation of any Note redeemed in part only, the Company shall execute and the Trustee shall authenticate and make available for delivery to the Holder holder thereof, at the expense of the Company, a new Note or Notes, of authorized denominations, in principal amount equal to the unredeemed portion of the Notes so presented. Notwithstanding the foregoing, the Trustee shall not redeem any Notes or mail any notice of redemption during the continuance of a default in payment of interest or premium, if any, on the Notes. If any Note called for redemption shall not be so paid upon surrender thereof for redemption, the principal and premium, if any, shall, until paid or duly provided for, bear interest from the redemption date at a rate equal to 1% per annum plus the rate borne by the Note (without duplication of the 1% increase provided for under Section 6.02) and such Note shall remain convertible under this Indenture until the principal and premium, if any, and interest shall have been paid or duly provided for.

Appears in 1 contract

Samples: Indenture (Agco Corp /De)

Payment of Notes Called for Redemption by the Company. (a) If notice of redemption has been given as provided in Section 4.23.02, the Notes or portion of Notes with respect to which such notice has been given shall shall, unless converted into Common Stock pursuant to the terms hereof, become due and payable and if the Paying Agent holds funds sufficient to pay the Redemption Price of the Notes on the Redemption Date and at the place or places stated in such notice at the Redemption PricePrice plus interest accrued to, and unless the Company defaults in the payment of but not including, the Redemption Price, then Date. Interest on and after such date (i) interest will the Notes or portion of Notes so called for redemption shall cease to accrue on any Notes called for redemption at the Redemption Date, (ii) on and after the Redemption Date (unless the Company defaults shall default in the payment of the Redemption PricePrice plus interest accrued to, but not including, the Redemption Date) and after 5:00 p.m., New York City time, on the second Trading Day immediately preceding the Redemption Date, such Notes shall cease to be convertible into Common Stock and, except as provided in Section 8.05, to be entitled to any benefit or security under this Indenture, and the Indenture and (iii) the Holders holders thereof shall have no right in respect of such Notes except the right to receive the Redemption Price thereofplus interest accrued to, but not including, the Redemption Date. On presentation and surrender of such Notes at a place of payment in said notice specified, the said Notes or the specified portions thereof shall be paid and redeemed by the Company at the Redemption Price, together with Price plus interest accrued thereon to, but excludingnot including, the Redemption Date. Such will be the case whether or not book-entry transfer of the Notes in book-entry form is made and whether or not the Notes in certificated form, together with necessary endorsements, are delivered to the Paying Agent; provided, however, provided that if the applicable Redemption Date falls is after a the applicable Regular Record Date and on or prior to the corresponding before an Interest Payment Date, the Company will pay the full amount of accrued and unpaid interest and premium, if any, due Interest payable on such Interest Payment Date shall be paid on such Interest Payment Date to the Holder holders of record at the close of business such Notes on the corresponding applicable Regular Record DateDate instead of the holders surrendering such Notes for redemption on such date. (ba) Upon presentation of any Note redeemed in part only, the Company shall execute and the Trustee shall authenticate and make available for delivery to the Holder holder thereof, at the expense of the Company, a new Note or Notes, of authorized denominations, in principal amount Principal Amount equal to the unredeemed portion of the Notes so presented. Notwithstanding the foregoing, the Trustee shall not redeem any Notes or mail any Redemption Notice during the continuance of a default in payment of Interest on the Notes. If any Note called for redemption shall not be so paid upon surrender thereof for redemption, the principal shall, until paid or duly provided for, continue to bear interest at the rate borne by the Note, compounded semi-annually, and such Note shall remain convertible into cash or a combination of cash and Common Stock, as the case may be, until the Principal Amount and Interest shall have been paid or duly provided for. The Company will notify all of the holders if the Company redeems any of the Notes.

Appears in 1 contract

Samples: Indenture (Ryerson Tull Inc /De/)

Payment of Notes Called for Redemption by the Company. (a) If notice of redemption has been given as provided in Section 4.23.02, the Notes or portion of Notes with respect to which such notice has been given shall shall, unless converted into Ordinary Shares pursuant to the terms hereof, become due and payable and if the Paying Agent holds funds sufficient to pay the Redemption Price of the Notes on the Redemption Date date fixed for redemption and at the place or places stated in such notice at the Redemption Priceapplicable redemption price, together with Interest accrued and unpaid to (but excluding) the redemption date, and on and after said date (unless the Company defaults shall default in the payment of such Notes at the Redemption Priceredemption price, then together with Interest accrued and unpaid to said date) Interest on and after such date (i) interest will the Notes or portion of Notes so called for redemption shall cease to accrue on any Notes called for redemption at the Redemption Dateand, (ii) on and after the Redemption Date close of business on the Business Day immediately preceding the redemption date (unless the Company defaults shall default in the payment of such Notes at the Redemption Priceredemption price, together with Interest accrued and unpaid to said date) such Notes shall cease to be convertible into Ordinary Shares and, except as provided in Section 8.05 and Section 13.04, to be entitled to any benefit or security under this Indenture, and the Indenture and (iii) the Holders holders thereof shall have no right in respect of such Notes except the right to receive the Redemption Price thereofredemption price thereof and unpaid Interest to (but excluding) the redemption date. On presentation and surrender of such Notes at a place of payment in said notice specified, the said Notes or the specified portions thereof shall be paid and redeemed by the Company at the Redemption Priceapplicable redemption price, together with interest Interest accrued and unpaid thereon to, but excluding, the Redemption Date. Such will be the case whether or not book-entry transfer of the Notes in book-entry form is made and whether or not the Notes in certificated form, together with necessary endorsements, are delivered to the Paying Agentredemption date; provided, however, provided that if the Redemption Date redemption date falls after a Record Date record date and on or prior to the corresponding Interest Payment Dateinterest payment date, the Company will pay the full amount of then accrued and unpaid interest and premiumInterest, if any, due to, but excluding, the date fixed for redemption shall be paid on such Interest Payment Date interest payment date to the Holder holders of record at the close of business such Notes on the corresponding Record Date. (b) applicable record date instead of the holders surrendering such Notes for redemption on such date. Upon presentation of any Note redeemed in part only, the Company shall execute and the Trustee shall authenticate and make available for delivery to the Holder holder thereof, at the expense of the Company, a new Note or Notes, of authorized denominations, in principal amount equal to the unredeemed portion of the Notes so presented. Notwithstanding the foregoing, the Trustee shall not redeem any Notes or mail any notice of redemption during the continuance of a default in payment of Interest on the Notes or if the principal amount of the Notes has been accelerated. Without duplication with Section 7.02 hereof, if any Note called for redemption shall not be so paid upon surrender thereof for redemption, the principal shall, until paid or duly provided for, bear interest from the redemption date at a rate equal to 1% per annum plus the rate borne by the Note and such Note shall remain convertible into Ordinary Shares until the principal and Interest shall have been paid or duly provided for.

Appears in 1 contract

Samples: Indenture (Amdocs LTD)

Payment of Notes Called for Redemption by the Company. (a) If notice of redemption has been given as provided in Section 4.23.02, the Notes or portion of Notes with respect to which such notice has been given shall shall, unless converted into Common Stock pursuant to the terms hereof, become due and payable and if the Paying Agent holds funds sufficient to pay the Redemption Price of the Notes on the Redemption Date date fixed for redemption and at the place or places stated in such notice at the Redemption Priceapplicable redemption price, together with interest accrued to (but excluding) the redemption date, and on and after said date (unless the Company defaults shall default in the payment of such Notes at the Redemption Priceredemption price, then on and after such date (itogether with interest accrued to said date) interest will on the Notes or portion of Notes so called for redemption shall cease to accrue on any Notes called for redemption at the Redemption Dateand, (ii) on and after the Redemption Date (unless close of business on the Company defaults in Business Day immediately preceding the payment of the Redemption Price) redemption date, such Notes shall cease to be convertible into Common Stock and, except as provided in Sections 7.06 and 12.04, to be entitled to any benefit or security under this Indenture, and the Indenture and (iii) the Holders holders thereof shall have no right in respect of such Notes except the right to receive the Redemption Price thereofredemption price thereof and unpaid interest to (but excluding) the redemption date. On presentation and surrender of such Notes at a place of payment in said notice specified, the said Notes or the specified portions thereof shall be paid and redeemed by the Company at the Redemption Priceapplicable redemption price, together with interest accrued thereon to, but excluding, the Redemption Date. Such will redemption date; provided that if the applicable redemption date is an interest payment date, the interest payable on such interest payment date shall be payable to the case whether or not book-entry transfer holders of record of such Notes on the applicable record date instead of the holders surrendering such Notes in book-entry form is made and whether or not the Notes in certificated form, together with necessary endorsements, are delivered to the Paying Agent; provided, however, if the Redemption Date falls after a Record Date and on or prior to the corresponding Interest Payment Date, the Company will pay the full amount of accrued and unpaid interest and premium, if any, due for redemption on such Interest Payment Date to the Holder of record at the close of business on the corresponding Record Date. (b) date. Upon presentation of any Note redeemed in part only, the Company shall execute and the Trustee shall authenticate and make available for delivery to the Holder holder thereof, at the expense of the Company, a new Note or Notes, of authorized denominations, in principal amount equal to the unredeemed portion of the Notes so presented. Notwithstanding the foregoing, the Trustee shall not redeem any Notes or mail any notice of redemption during the continuance of a default in payment of interest or premium, if any, on the Notes. If any Note called for redemption shall not be so paid upon surrender thereof for redemption, the principal and premium, if any, shall, until paid or duly provided for, bear interest from the redemption date at a rate equal to 1% per annum plus the rate borne by the Note (without duplication of the 1% increase provided for under Section 6.02) and such Note shall remain convertible into Common Stock until the principal and premium, if any, and interest shall have been paid or duly provided for.

Appears in 1 contract

Samples: Indenture (Agco Corp /De)

Payment of Notes Called for Redemption by the Company. (a1) If notice of redemption has been given as provided in Section 4.2Article Eleven of the Base Indenture, the Notes or portion of Notes with respect to which such notice has been given shall become due and payable and if the Paying Agent holds funds sufficient to pay the Redemption Price of the Notes on the Redemption Date and at the place or places stated in such notice at the Redemption Price, and unless the Company defaults shall default in the payment of such Notes at the Redemption Price, so long as the Paying Agent holds funds sufficient to pay the Redemption Price of the Notes to be redeemed on the Redemption Date, then (a) such Notes will cease to be Outstanding on and after such date (i) interest will cease to accrue on any Notes called for redemption at the Redemption Date, (iib) interest on the Notes or portion of Notes so called for redemption shall cease to accrue on and after the Redemption Date (unless the Company defaults in the payment of the Redemption Price) such Notes shall cease to be entitled to any benefit or security under the Indenture Date, and (iiic) the Holders thereof of the Notes shall have no right in respect of such Notes except the right to receive the Redemption Price thereof. On presentation and surrender of such Notes at a place of payment in said notice specified, the said Notes or the specified portions thereof shall be paid and redeemed by the Company at the Redemption Price, together with interest accrued thereon to, but excluding, the Redemption Date. Such will Notice of redemption shall be given at least 15 days but not more than 60 days before the case whether or not book-entry transfer Redemption Date to each Holder of the Notes in book-entry form is made and whether or not the Notes in certificated form, together with necessary endorsements, are delivered to the Paying Agent; provided, however, if the Redemption Date falls after a Record Date and on or prior to the corresponding Interest Payment Date, the Company will pay the full amount of accrued and unpaid interest and premium, if any, due on such Interest Payment Date to the Holder of record at the close of business on the corresponding Record Datebe redeemed. (b2) Upon presentation of The Notes will not be convertible or exchangeable for any Note redeemed in part only, the Company shall execute and the Trustee shall authenticate and make available for delivery to the Holder thereof, at the expense of the Company, a new Note other security or Notes, of authorized denominations, in principal amount equal to the unredeemed portion of the Notes so presentedproperty.

Appears in 1 contract

Samples: First Supplemental Indenture (Retail Properties of America, Inc.)

Payment of Notes Called for Redemption by the Company. (a) If notice of redemption has been given as provided in Section 4.23.02, the Notes or portion of Notes with respect to which such notice has been given shall shall, unless converted into Common Stock in accordance with the terms hereof, become due and payable and if the Paying Agent holds funds sufficient to pay the Redemption Price of the Notes on the Redemption Date and at the place or places stated in such notice at the applicable Redemption Price, and unless . At the Company defaults in close of business on the payment of the Redemption Price, then on and after such date (i) interest will cease to accrue on any Notes called for redemption at the Redemption Date, (ii) on and after Business Day immediately preceding the Redemption Date (unless the Company defaults shall default in the payment of such Notes at the Redemption Price) Interest on the Notes or portion of Notes so called for redemption shall cease to accrue and, after the close of business on the second Business Day immediately preceding the Redemption Date (unless the Company shall default in the payment of such Notes at the Redemption Price) such Notes shall cease to be convertible into Common Stock and, except as provided in Section 7.01(i), to be entitled to any benefit or security under this Indenture, and the Indenture and (iii) the Holders holders thereof shall have no right in respect of such Notes except the right to receive the Redemption Price thereof. On presentation and surrender of such Notes at a place of payment in said notice specified, the said Notes or the specified portions thereof shall be paid and redeemed by the Company at the applicable Redemption Price, together with interest accrued thereon to, but excluding, the Redemption Date. Such will be the case whether or not book-entry transfer of the Notes in book-entry form is made and whether or not the Notes in certificated form, together with necessary endorsements, are delivered to the Paying Agent; provided, however, provided that if the applicable Redemption Date falls after a Record Date and on or prior to the corresponding is an Interest Payment Date, the Company will pay the full amount of accrued and unpaid interest and premium, if any, due Interest payable on such Interest Payment Date shall be paid on such Interest Payment Date to the Holder holders of record at the close of business such Notes on the corresponding Record Date. (b) applicable record date instead of the holders surrendering such Notes for redemption on such date. Upon presentation of any Note redeemed in part only, the Company shall execute and the Trustee shall authenticate and make available for delivery to the Holder holder thereof, at the expense of the Company, a new Note or Notes, of authorized denominations, in principal amount equal to the unredeemed portion of the Notes so presented. Notwithstanding the foregoing, the Trustee shall not redeem any Notes or mail any Redemption Notice during the continuance of a Default in payment of Interest on the Notes. If any Note called for redemption as a whole or in part shall not be so paid upon surrender thereof for redemption, the unredeemed principal thereof shall, until paid or duly provided for, continue to bear interest at the rate borne by the Note, compounded semi-annually, and the unredeemed principal of such Note shall remain convertible into Common Stock until such unredeemed principal and Interest thereon shall have been paid or duly provided for.

Appears in 1 contract

Samples: Indenture (Quicksilver Resources Inc)

Payment of Notes Called for Redemption by the Company. (a) If notice of redemption has been given as provided in Section 4.23.02, the Notes or portion of Notes with respect shall, unless converted pursuant to which such notice has been given shall the terms hereof, become due and payable and if the Paying Agent holds funds sufficient to pay the Redemption Price of the Notes on the Redemption Date and at the place or places stated in such notice at the Redemption Price, together with accrued but unpaid interest (including Liquidated Damages, if any, and unless the Company defaults in the payment of the Redemption PriceAdditional Interest, then on and after such date (iif any) interest will cease up to accrue on any Notes called for redemption at but not including the Redemption Date, (ii) on and after the Redemption Date (unless the Company defaults in the payment of the Redemption Price) such Notes shall cease to be entitled to any benefit or security under the Indenture and (iii) the Holders thereof shall have no right in respect of such Notes except the right to receive the Redemption Price thereof. On presentation and surrender of such the Notes at a place of payment in said notice specified, the said Notes or the specified portions thereof shall be paid and redeemed by the Company at the Redemption Price, together with accrued but unpaid interest (including Liquidated Damages, if any, and Additional Interest, if any) up to but not including the Redemption Date; provided that if the Redemption Date is after 5:00 p.m., New York City time, on a Record Date and prior to 9:00 a.m., New York City time, on the related Interest Payment Date, accrued thereon toand unpaid interest (including Liquidated Damages, but excludingif any, and Additional Interest, if any) will be payable to the holders in whose names the Notes are registered at 5:00 p.m., New York City time, on the relevant Record Date instead of the holders surrendering such Notes for redemption on the Redemption Date. Such will be Notwithstanding the case whether or not book-entry transfer of the Notes in book-entry form is made and whether or not the Notes in certificated form, together with necessary endorsements, are delivered to the Paying Agent; provided, however, if the Redemption Date falls after a Record Date and on or prior to the corresponding Interest Payment Dateforegoing, the Company will pay Trustee shall not redeem any Notes or mail any notice of redemption during the full amount continuance of accrued and unpaid a default in payment of interest and premium(including Liquidated Damages, if any, due on such Interest Payment Date to the Holder of record at the close of business and Additional Interest, if any) on the corresponding Record Date. (b) Upon presentation of Notes. If any Note redeemed called for redemption shall not be so paid upon surrender thereof for redemption on the Redemption Date, as provided in part onlythis Section 3.03, the Company shall execute principal shall, until paid or duly provided for, bear interest from and including the Trustee shall authenticate and make available for delivery to the Holder thereof, Redemption Date at the expense of the Company, a new Note or Notes, of authorized denominations, in principal amount rate equal to the unredeemed portion of rate borne by the Notes so presentedand such Note shall remain convertible pursuant to this Indenture until the Redemption Price and interest (including Liquidated Damages, if any, and Additional Interest, if any) shall have been paid or duly provided for. Notes that are to be redeemed pursuant to this Article III shall be convertible by the holder thereof until 5:00 p.m., New York City time, on the Business Day immediately preceding the Redemption Date, as provided in Section 11.01(a)(iii).

Appears in 1 contract

Samples: Indenture (Macerich Co)

Payment of Notes Called for Redemption by the Company. (a) If notice of redemption has been given as provided in Section 4.23.02, the Notes or portion of Notes with respect to which such notice has been given shall shall, unless converted into Common Stock pursuant to the terms hereof, become due and payable and if the Paying Agent holds funds sufficient to pay the Redemption Price of the Notes on the Redemption Date date fixed for redemption and at the place or places stated in such notice at the Redemption Priceapplicable redemption price, together with interest accrued to, but excluding, the redemption date, and on and after said date (unless the Company defaults shall default in the payment of such Notes at the Redemption Priceredemption price, then on and after such date (itogether with interest accrued to said date) interest will on the Notes or portion of Notes so called for redemption shall cease to accrue on any Notes called for redemption at the Redemption Dateand, (ii) on and after the Redemption Date (unless close of business on the Company defaults in Business Day immediately preceding the payment of the Redemption Price) redemption date, such Notes shall cease to be convertible into Common Stock and, except as provided in Sections 7.05 and 12.04, to be entitled to any benefit or security under this Indenture, and the Indenture and (iii) the Holders holders thereof shall have no right in respect of such Notes except the right to receive the Redemption Price thereofredemption price thereof and unpaid interest to, but excluding, the redemption date. On presentation and surrender of such Notes at a place of payment in said notice specified, the said Notes or the specified portions thereof shall be paid and redeemed by the Company at the Redemption Priceapplicable redemption price, together with interest accrued thereon to, but excluding, the Redemption Date. Such will redemption date; provided that if the applicable redemption date is an interest payment date, the interest payable on such interest payment date shall be payable to the case whether or not book-entry transfer holders of record of such Notes on the applicable record date instead of the holders surrendering such Notes in book-entry form is made and whether or not the Notes in certificated form, together with necessary endorsements, are delivered to the Paying Agent; provided, however, if the Redemption Date falls after a Record Date and on or prior to the corresponding Interest Payment Date, the Company will pay the full amount of accrued and unpaid interest and premium, if any, due for redemption on such Interest Payment Date to the Holder of record at the close of business on the corresponding Record Date. (b) date. Upon presentation of any Note redeemed in part only, the Company shall execute and the Trustee shall authenticate and make available for delivery to the Holder holder thereof, at the expense of the Company, a new Note or Notes, of authorized denominations, in principal amount equal to the unredeemed portion of the Notes so presented. Notwithstanding the foregoing, the Trustee shall not redeem any Notes or mail any notice of redemption during the continuance of a default in payment of interest or premium, if any, on the Notes. If any Note called for redemption shall not be so paid upon surrender thereof for redemption, the principal and premium, if any, shall, until paid or duly provided for, bear interest from the redemption date at a rate equal to 1% per annum plus the rate borne by the Note and such Note shall remain convertible into Common Stock until the principal and premium, if any, and interest shall have been paid or duly provided for.

Appears in 1 contract

Samples: Indenture (Triarc Companies Inc)

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Payment of Notes Called for Redemption by the Company. (a) If notice of redemption has been given as provided in Section 4.2, the Notes or portion of Notes with respect to which such notice has been given shall become due and payable and if the Paying Agent holds funds sufficient to pay the Redemption Price of the Notes on the Redemption Date and at the place or places stated in such notice at the Redemption Price, and unless the Company defaults in the payment of the Redemption Price, then on and after such date (i) interest interest, if any, will cease to accrue on any Notes called for redemption at the Redemption Date, (ii) on and after the Redemption Date (unless the Company defaults in the payment of the Redemption Price) such Notes shall cease to be entitled to any benefit or security under the Indenture and (iii) the Holders thereof shall have no right in respect of such Notes except the right to receive the Redemption Price thereof. On presentation and surrender of such Notes at a place of payment in said notice specified, the said Notes or the specified portions thereof shall be paid and redeemed by the Company at the Redemption Price, together with interest accrued thereon to, but excluding, the Redemption Date. Such will be the case whether or not book-entry transfer of the Notes in book-entry form is made and whether or not the Notes in certificated form, together with necessary endorsements, are delivered to the Paying Agent; provided, however, if the Redemption Date falls after a Record Date and on or prior to the corresponding Interest Payment Date, the Company will pay the full amount of accrued and unpaid interest and premiuminterest, if any, due on such Interest Payment Date to the Holder of record at the close of business on the corresponding Record Date. (b) Upon presentation of any Note redeemed in part only, the Company shall execute and the Trustee shall shall, upon receipt of an Authentication Order, authenticate and make available for delivery to the Holder thereof, at the expense of the Company, a new Note or Notes, of authorized denominations, in principal amount equal to the unredeemed portion of the Notes so presented.

Appears in 1 contract

Samples: First Supplemental Indenture (Essential Properties Realty Trust, Inc.)

Payment of Notes Called for Redemption by the Company. (a) If notice of redemption has been given as provided in Section 4.23.03, the Notes or portion of Notes with respect to which such notice has been given shall become due and payable and if the Paying Agent holds funds sufficient to pay the Redemption Price of the Notes on the Redemption Date date fixed for redemption and at the place or places stated in such notice at the Redemption Priceapplicable redemption price, together with interest accrued to (but excluding) the redemption date, and on and after said date (unless the Company defaults shall default in the payment of such Notes at the Redemption Priceredemption price, then on and after such date (itogether with interest accrued to said date) interest will on the Notes or portion of Notes so called for redemption shall cease to accrue on any Notes called for redemption at the Redemption Dateand, (ii) on except as provided in Sections 7.06 and after the Redemption Date (unless the Company defaults in the payment of the Redemption Price) such Notes shall cease 12.06, to be entitled to any benefit or security under this Indenture, and the Indenture and (iii) the Holders holders thereof shall have no right in respect of such Notes except the right to receive the Redemption Price thereofredemption price thereof and unpaid interest to (but excluding) the redemption date. On presentation and surrender of such Notes at a place of payment in said notice specified, the said Notes or the specified portions thereof shall be paid and redeemed by the Company at the Redemption Priceapplicable redemption price, together with interest accrued thereon to, but excluding, the Redemption Date. Such will redemption date; provided that if the applicable redemption date is an interest payment date, the interest payable on such interest payment date shall be payable to the case whether or not book-entry transfer holders of record of such Notes on the applicable record date instead of the holders surrendering such Notes in book-entry form is made and whether or not the Notes in certificated form, together with necessary endorsements, are delivered to the Paying Agent; provided, however, if the Redemption Date falls after a Record Date and on or prior to the corresponding Interest Payment Date, the Company will pay the full amount of accrued and unpaid interest and premium, if any, due for redemption on such Interest Payment Date to the Holder of record at the close of business on the corresponding Record Date. (b) date. Upon presentation of any Note redeemed in part only, the Company shall execute and the Trustee shall authenticate and make available for delivery to the Holder holder thereof, at the expense of the Company, a new Note or Notes, of authorized denominations, in principal amount equal to the unredeemed portion of the Notes so presented. Notwithstanding the foregoing, the Trustee shall not redeem any Notes or mail any notice of redemption during the continuance of a default in payment of interest or premium, if any, on the Notes. If any Note called for redemption shall not be so paid upon surrender thereof for redemption, the principal and premium, if any, shall, until paid or duly provided for, bear interest from the redemption date at a rate equal to 1% per annum plus the rate borne by the Note (without duplication of the 1% increase provided for under Section 6.02) until the principal and premium, if any, and interest shall have been paid or duly provided for.

Appears in 1 contract

Samples: Indenture (Agco Corp /De)

Payment of Notes Called for Redemption by the Company. (a) If notice of redemption has been given as provided in Section 4.2, the Notes or portion of Notes with respect to which such notice has been given shall become due and payable and if the Paying Agent holds by noon New York City Time funds sufficient to pay the Redemption Price of the Notes on the Redemption Date and at the place or places stated in such notice at the Redemption Price, and unless the Company defaults shall default in the payment of such Notes at the Redemption Price, then on and after such date (i) interest will on the Notes or portion of Notes so called for redemption shall cease to accrue on any Notes called for redemption at and after the Redemption Date, (ii) on and after the Redemption Date (unless the Company defaults shall default in the payment of the Redemption Price) such Notes shall cease to be entitled to any benefit or security under the Indenture Indenture, and (iii) the Holders thereof shall have no right in respect of such Notes except the right to receive the Redemption Price thereof. On presentation and surrender of such Notes at a place of payment in said notice specified, the said Notes or the specified portions thereof shall be paid and redeemed by the Company at the Redemption Price, together with interest accrued thereon to, but excluding, the Redemption Date. Such will be the case whether or not book-entry transfer Subject to applicable procedures of the Notes in book-entry form is made and whether or not the Notes in certificated form, together with necessary endorsements, are delivered to the Paying Agent; provided, howeverdepositary, if the Redemption Date falls after a Record Date and on or prior to the corresponding Interest Payment Date, the Company will pay the full amount of accrued and unpaid interest and premium, if any, due on such Interest Payment Date to the Holder of record at the close of business on the corresponding Record Date. (b) Upon presentation of any Note redeemed in part only, the Company shall execute and the Trustee shall authenticate and make available for delivery to the Holder thereof, at the expense of the Company, a new Note or Notes, of authorized denominations, in principal amount equal to the unredeemed portion of the Notes so presented.

Appears in 1 contract

Samples: Supplemental Indenture (Digital Realty Trust, L.P.)

Payment of Notes Called for Redemption by the Company. (a) If notice of redemption has been given as provided in Section 4.2, the Notes or portion of Notes with respect to which such notice has been given shall become due and payable and if the Paying Agent holds funds sufficient to pay the Redemption Price of the Notes on the Redemption Date and at the place or places stated in such notice at the Redemption Price, and unless the Company defaults shall default in the payment of such Notes at the Redemption Price, so long as the Paying Agent holds funds sufficient to pay the Redemption Price of the Notes to be redeemed on the Redemption Date, then (a) such Notes will cease to be outstanding on and after such date (i) interest will cease to accrue on any Notes called for redemption at the Redemption Date, (iib) interest on the Notes or portion of Notes so called for redemption shall cease to accrue on and after the Redemption Date, (c) on and after the Redemption Date (unless the Company defaults shall default in the payment of the Redemption Price) ), such Notes shall will cease to be entitled to any benefit or security under the Indenture this Indenture, and (iiid) the Holders thereof of the Notes shall have no right in respect of such Notes except the right to receive the Redemption Price thereof. On presentation and surrender of such Notes at a place of payment in said notice specified, the said Notes or the specified portions thereof shall be paid and redeemed by the Company at the Redemption Price, together with interest accrued thereon to, but excluding, the Redemption Date. Such will be the case whether or not book-entry transfer of the Notes in book-entry form is made and whether or not the Notes in certificated form, together with necessary endorsements, are delivered to the Paying Agent; provided, however, if the Redemption Date falls after a Record Date and on or prior to the corresponding Interest Payment Date, the Company will pay the full amount of accrued and unpaid interest and premium, if any, due on such Interest Payment Date to the Holder of record at the close of business on the corresponding Record Date. (b) Upon presentation of any Note redeemed in part only, the Company shall execute and the Trustee shall authenticate and make available for delivery to the Holder thereof, at the expense of the Company, a new Note or Notes, of authorized denominations, in principal amount equal to the unredeemed portion of the Notes so presented.

Appears in 1 contract

Samples: Supplemental Indenture (Excel Trust, L.P.)

Payment of Notes Called for Redemption by the Company. (a) If notice of redemption has been given as provided in Section 4.23.02, the Notes or portion of Notes with respect to which such notice has been given shall shall, unless converted into Common Stock pursuant to the terms hereof, become due and payable and if the Paying Agent holds funds sufficient to pay the Redemption Price of the Notes on the Redemption Date and at the place or places stated in such notice at the applicable Redemption Price, and unless the Company defaults in the payment of the Redemption Price, then on and after such date (i) interest will cease to accrue on any Notes called for redemption at the Redemption Date, (ii) on and after the Redemption Date (unless the Company defaults shall default in the payment of such Notes at the Redemption Price) Interest on the Notes or portion of Notes so called for redemption shall cease to accrue and, after the close of business on the second Business Day immediately preceding the Redemption Date (unless the Company shall default in the payment of such Notes at the Redemption Price) such Notes shall cease to be convertible into Common Stock and, except as provided in Section 8.05, to be entitled to any benefit or security under this Indenture, and the Indenture and (iii) the Holders holders thereof shall have no right in respect of such Notes except the right to receive the Redemption Price thereof. On presentation and surrender of such Notes at a place of payment in said notice specified, the said Notes or the specified portions thereof shall be paid and redeemed by the Company at the applicable Redemption Price, together with interest accrued thereon to, but excluding, the Redemption Date. Such will be the case whether or not book-entry transfer of the Notes in book-entry form is made and whether or not the Notes in certificated form, together with necessary endorsements, are delivered to the Paying Agent; provided, however, provided that if the applicable Redemption Date falls after a Record Date and on or prior to the corresponding is an Interest Payment Date, the Company will pay the full amount of accrued and unpaid interest and premium, if any, due Interest payable on such Interest Payment Date shall be paid on such Interest Payment Date to the Holder holders of record at the close of business such Notes on the corresponding Record Date. (b) applicable record date instead of the holders surrendering such Notes for redemption on such date. Upon presentation of any Note redeemed in part only, the Company shall execute and the Trustee shall authenticate and make available for delivery to the Holder holder thereof, at the expense of the Company, a new Note or Notes, of authorized denominations, in principal amount equal to the unredeemed portion of the Notes so presented. Notwithstanding the foregoing, the Trustee shall not redeem any Notes or mail any Redemption Notice during the continuance of a default in payment of Interest on the Notes. If any Note called for redemption shall not be so paid upon surrender thereof for redemption, the principal shall, until paid or duly provided for, continue to bear interest at the rate borne by the Note, compounded semi-annually, and such Note shall remain convertible into Common Stock until the principal and Interest shall have been paid or duly provided for.

Appears in 1 contract

Samples: Indenture (Walter Industries Inc /New/)

Payment of Notes Called for Redemption by the Company. (a) If notice of redemption has been given as provided in Section 4.23.03, the Notes or portion of Notes with respect to which such notice has been given shall shall, unless converted into Common Stock pursuant to the terms hereof, become due and payable and if the Paying Agent holds funds sufficient to pay the Redemption Price of the Notes on the Redemption Date date fixed for redemption and at the place or places stated in such notice at the Redemption Priceapplicable redemption price, together with interest accrued to (but excluding) the redemption date, and on and after said date (unless the Company defaults shall default in the payment of such Notes at the Redemption Priceredemption price, then on and after such date (itogether with interest accrued to said date) interest will on the Notes or portion of the Notes so called for redemption shall cease to accrue on any Notes called for redemption at the Redemption Dateand, (ii) on and after the Redemption Date (unless closing of business on the Company defaults in Business Day immediately preceding the payment of the Redemption Price) redemption date, such Notes shall cease to be convertible into Common Stock and, except as provided in Sections 8.05 and 13.04, to be entitled to any benefit or security under this Indenture, and the Indenture and (iii) the Holders holders thereof shall have no right in respect of such Notes except the right to receive the Redemption Price thereofredemption price thereof and unpaid interest to (but excluding) the redemption date. On presentation and surrender of such Notes at a place of payment in said notice specified, the said Notes or the specified portions thereof shall be paid and redeemed by the Company at the Redemption Priceapplicable redemption price, together with interest accrued thereon to, but excluding, the Redemption Date. Such will redemption date; provided that if the applicable redemption date is an interest payment date, the interest payable on such interest payment date shall be payable to the case whether or not book-entry transfer holders of record of such Notes on the applicable record date instead of the holders surrendering such Notes in book-entry form is made and whether or not the Notes in certificated form, together with necessary endorsements, are delivered to the Paying Agent; provided, however, if the Redemption Date falls after a Record Date and on or prior to the corresponding Interest Payment Date, the Company will pay the full amount of accrued and unpaid interest and premium, if any, due for redemption on such Interest Payment Date to the Holder of record at the close of business on the corresponding Record Date. (b) date. Upon presentation of any Note redeemed in part only, the Company shall execute and the Trustee shall authenticate and make available for delivery to the Holder holder thereof, at the expense of the Company, a new Note or Notes, of authorized denominations, in principal amount equal to the unredeemed portion of the Notes so presented. Notwithstanding the foregoing, the Trustee shall not redeem any Notes or mail any notice of redemption during the continuance of a default in payment of interest or premium, if any, on the Notes. If any Note called for redemption shall not be so paid upon surrender thereof for redemption, the principal and premium, if any, shall, until paid or duly provided for, bear interest from the redemption date at a rate equal to 1% per annum plus the rate borne by the Note (without duplication of the 1% increase provided for under Section 7.02) and such Note shall remain convertible into Common Stock until the principal and premium, if any, and interest shall have been paid or duly provided for.

Appears in 1 contract

Samples: Indenture (Compudyne Corp)

Payment of Notes Called for Redemption by the Company. (a) If notice of redemption has been given as provided in Section 4.23.02, the Notes or portion of Notes with respect to which such notice has been given shall become due and payable and if the Paying Agent holds funds sufficient to pay the Redemption Price of the Notes on the Redemption Date and at the place or places stated in such notice at the Redemption Price, and unless the Company defaults shall default in the payment of such Notes at the Redemption Price, then interest on and after such date (i) interest will the Notes or portion of Notes so called for redemption shall cease to accrue on any Notes called for redemption at and after the Redemption DateDate and, (ii) on and after the Redemption Date (unless the Company defaults shall default in the payment of the Redemption Price) such Notes shall shall, except as provided in Section 7.05 and Section 11.02, cease to be entitled to any benefit or security under the Indenture this Indenture, and (iii) the Holders thereof shall have no right in respect of such Notes except the right to receive the Redemption Price thereof. On presentation and surrender of such Notes at a place of payment in said notice specified, the said Notes or the specified portions thereof shall be paid and redeemed by the Company at the Redemption Price, together with interest accrued thereon to, but excluding, the Redemption Date. Such will be the case whether or not book-entry transfer of the Notes in book-entry form is made and whether or not the Notes in certificated form, together with necessary endorsements, are delivered to the Paying Agent; provided, however, if the Redemption Date falls after a Record Date and on or prior to the corresponding Interest Payment Date, the Company will pay the full amount of accrued and unpaid interest and premium, if any, due on such Interest Payment Date to the Holder of record at the close of business on the corresponding Record Date. (b) Upon presentation of any Note redeemed in part only, the Company shall execute and and, upon receipt of an Authentication Order, the Trustee shall authenticate and make available for delivery to the Holder thereof, at the expense of the Company, a new Note or Notes, of authorized denominations, in principal amount equal to the unredeemed portion of the Notes so presented.

Appears in 1 contract

Samples: Indenture (Digital Realty Trust, L.P.)

Payment of Notes Called for Redemption by the Company. (a) If notice of redemption a Redemption Notice has been given as provided in Section 4.23.03, the Notes or portion of Notes with respect to which such notice has been given shall shall, unless converted into Common Stock pursuant to the terms hereof, become due and payable and if the Paying Agent holds funds sufficient to pay the Redemption Price of the Notes on the Redemption Date and at the place or places stated in such notice at the applicable Redemption Price, and unless the Company defaults in the payment of the Redemption Price, then on and after such date (i) interest will cease to accrue on any Notes called for redemption at the Redemption Date, (ii) on and after the Redemption Date (unless the Company defaults shall default in the payment of such Notes at the Redemption Price) Interest on the Notes or portion of Notes so called for redemption shall cease to accrue and, after the close of business on the second Business Day immediately preceding the Redemption Date (unless the Company shall default in the payment of such Notes at the Redemption Price), such Notes shall cease to be convertible into Common Stock and, except as otherwise provided herein, to be entitled to any benefit or security under this First Supplemental Indenture, and the Indenture and (iii) the Holders holders thereof shall have no right in respect of such Notes except the right to receive the Redemption Price thereof. On presentation and surrender of such Notes at a place of payment in said notice specifiedRedemption Notice, the said Notes or the specified portions thereof shall be paid and redeemed by the Company at the applicable Redemption Price, together with interest accrued thereon to, but excluding, the Redemption Date. Such will be the case whether or not book-entry transfer of the Notes in book-entry form is made and whether or not the Notes in certificated form, together with necessary endorsements, are delivered to the Paying Agent; provided, however, that if the applicable Redemption Date falls after a Record Date and on or prior to the corresponding is an Interest Payment Date, the Company will pay the full amount of accrued and unpaid interest and premium, if any, due Interest payable on such Interest Payment Date shall be paid on such Interest Payment Date to the Holder holders of record at the close of business such Notes on the corresponding applicable Record Date. (b) Date instead of the holders surrendering such Notes for redemption on such date. Upon presentation of any Note redeemed in part only, the Company shall execute and the Trustee shall authenticate and make available for delivery to the Holder holder thereof, at the expense of the Company, a new Note or Notes, of authorized denominations, in principal amount equal to the unredeemed portion of the Notes so presented. Notwithstanding the foregoing, the Trustee shall not redeem any Notes or mail any Redemption Notice during the continuance of a default in payment of Interest on the Notes. If any Note called for redemption shall not be so paid upon surrender thereof for redemption, the principal shall, until paid or duly provided for, continue to bear interest at the rate borne by the Note, if any, compounded semi-annually, and such Note shall remain convertible into Common Stock until the principal and Interest shall have been paid or duly provided for. The Company will notify all of the holders if the Company redeems any of the Notes.

Appears in 1 contract

Samples: First Supplemental Indenture (Capitalsource Inc)

Payment of Notes Called for Redemption by the Company. (a) If notice of redemption has been given as provided in Section 4.23.02, the Notes or portion of Notes thereof with respect to which such notice has been given shall shall, unless converted pursuant to the terms of this Indenture, become due and payable and if the Paying Agent holds funds sufficient to pay the Redemption Price of the Notes on the Redemption Date and at the place or places stated in such notice at the applicable redemption price, together with interest accrued to (but excluding) the Redemption PriceDate, and on and after said date (unless the Company defaults shall default in the payment of such Notes at the Redemption Priceredemption price, then on and after such date (itogether with interest accrued to said date) interest will on the Notes or portion thereof so called for redemption shall cease to accrue and, after the close of business on any Notes called for redemption at the Business Day immediately preceding the Redemption Date, (ii) on and after the Redemption Date (unless the Company defaults in the payment of the Redemption Price) such Notes shall cease to be convertible and, except as provided in Sections 7.06 and 12.04, to be entitled to any benefit or security under this Indenture, and the Indenture and (iii) the Holders holders thereof shall have no right in respect of such Notes except the right to receive the redemption price thereof and unpaid interest to (but excluding) the Redemption Price thereofDate. On presentation and surrender of such Notes at a place of payment in said notice specified, the said Notes or the specified portions thereof shall be paid and redeemed by the Company at the Redemption Priceapplicable redemption price, together with interest accrued thereon to, to (but excluding, ) the Redemption Date. Such will ; provided that if the applicable Redemption Date is an interest payment date, the interest payable on such interest payment date shall be payable to the case whether or not book-entry transfer holders of record of such Notes on the applicable record date instead of the holders surrendering such Notes in book-entry form is made and whether or not the Notes in certificated form, together with necessary endorsements, are delivered to the Paying Agent; provided, however, if the Redemption Date falls after a Record Date and on or prior to the corresponding Interest Payment Date, the Company will pay the full amount of accrued and unpaid interest and premium, if any, due for redemption on such Interest Payment Date to the Holder of record at the close of business on the corresponding Record Date. (b) date. Upon presentation of any Note redeemed in part only, the Company shall execute and the Trustee shall authenticate and make available for delivery to the Holder holder thereof, at the expense of the Company, a new Note or Notes, of authorized denominations, in principal amount equal to the unredeemed portion of the Notes so presented. Notwithstanding the foregoing, the Trustee shall not redeem any Notes or mail any notice of redemption during the continuance of a default in payment of interest or premium, if any, on the Notes. If any Note called for redemption shall not be so paid upon surrender thereof for redemption, the principal and premium, if any, shall, until paid or duly provided for, bear interest from the Redemption Date at a rate equal to 1% per annum plus the rate borne by the Note (without duplication of the 1% increase provided for under Section 6.02) and such Note shall remain convertible under this Indenture until the principal and premium, if any, and interest shall have been paid or duly provided for.

Appears in 1 contract

Samples: Indenture (Agco Corp /De)

Payment of Notes Called for Redemption by the Company. (a) If notice of redemption has been given as provided in Section 4.23.02, the Notes or portion of Notes with respect to which such notice has been given shall shall, unless converted into Common Stock pursuant to the terms hereof, become due and payable and if the Paying Agent holds funds sufficient to pay the Redemption Price of the Notes on the Redemption Date date fixed for redemption and at the place or places stated in such notice at the Redemption Priceapplicable redemption price, together with interest accrued to (but excluding) the redemption date, and on and after said date (unless the Company defaults shall default in the payment of such Notes at the Redemption Priceredemption price, then on and after such date (itogether with interest accrued to said date) interest will on the Notes or portion of Notes so called for redemption shall cease to accrue on any Notes called for redemption at the Redemption Dateand, (ii) on and after the Redemption Date (unless close of business on the Company defaults in Business Day immediately preceding the payment of the Redemption Price) redemption date, such Notes shall cease to be convertible into Common Stock and, except as provided in Sections 7.06 and 12.04, to be entitled to any benefit or security under this Indenture, and the Indenture and (iii) the Holders holders thereof shall have no right in respect of such Notes except the right to receive the Redemption Price thereofredemption price thereof and unpaid interest to (but excluding) the redemption date. On presentation and surrender of such Notes at a place of payment in said notice specified, the said Notes or the specified portions thereof shall be paid and redeemed by the Company at the Redemption Priceapplicable redemption price, together with interest accrued thereon to, but excluding, the Redemption Date. Such will redemption date; PROVIDED that if the applicable redemption date is an interest payment date, the interest payable on such interest payment date shall be payable to the case whether or not book-entry transfer holders of record of such Notes on the applicable record date instead of the holders surrendering such Notes in book-entry form is made and whether or not the Notes in certificated form, together with necessary endorsements, are delivered to the Paying Agent; provided, however, if the Redemption Date falls after a Record Date and on or prior to the corresponding Interest Payment Date, the Company will pay the full amount of accrued and unpaid interest and premium, if any, due for redemption on such Interest Payment Date to the Holder of record at the close of business on the corresponding Record Date. (b) date. Upon presentation of any Note redeemed in part only, the Company shall execute and the Trustee shall authenticate and make available for delivery to the Holder holder thereof, at the expense of the Company, a new Note or Notes, of authorized denominations, in principal amount equal to the unredeemed portion of the Notes so presented. Notwithstanding the foregoing, the Trustee shall not redeem any Notes or mail any notice of redemption during the continuance of a default in payment of interest on the Notes. If any Note called for redemption shall not be so paid upon surrender thereof for redemption, the principal shall, until paid or duly provided for, bear interest from the redemption date at a rate equal to 1% per annum plus the rate borne by the Note (without duplication of the 1% increase provided for under Section 6.02) and such Note shall remain convertible into Common Stock until the principal and interest shall have been paid or duly provided for.

Appears in 1 contract

Samples: Indenture (Jetblue Airways Corp)

Payment of Notes Called for Redemption by the Company. (a) If notice of redemption has been given as provided in Section 4.23.02, the Notes or portion of Notes with respect to which such notice has been given shall shall, unless converted into Common Stock pursuant to the terms hereof, become due and payable and if the Paying Agent holds funds sufficient to pay the Redemption Price of the Notes on the Redemption Date date fixed for redemption and at the place or places stated in such notice at the Redemption Priceredemption price, plus interest accrued to, but excluding, the redemption date, and unless the Company defaults shall default in the payment of such Notes at the Redemption Priceredemption price, then plus interest, if any, accrued to, but excluding, such date, interest on the Notes or portion of Notes so called for redemption shall cease to accrue on and after such date (i) interest will cease to accrue and, after 5:00 p.m., New York City time, on any Notes called for the Trading Day immediately preceding the redemption at the Redemption Date, (ii) on and after the Redemption Date date (unless the Company defaults shall default in the payment of such Notes at the Redemption Priceredemption price, together with interest accrued to such date) such Notes shall cease to be convertible into Common Stock and, except as provided in Section 9.05 and Section 13.02, to be entitled to any benefit or security under this Indenture, and the Indenture and (iii) the Holders holders thereof shall have no right in respect of such Notes except the right to receive the Redemption Price thereofredemption price thereof plus accrued and unpaid interest to, but excluding, the redemption date. On presentation and surrender of such Notes at a place of payment in said notice specified, the said Notes or the specified portions thereof shall be paid and redeemed by the Company at the Redemption Priceredemption price, together with interest accrued thereon to, but excluding, the Redemption Date. Such will be the case whether or not book-entry transfer of the Notes in book-entry form is made and whether or not the Notes in certificated form, together with necessary endorsements, are delivered to the Paying Agentredemption date; provided, however, provided that if the Redemption Date falls applicable redemption date is after a the applicable Record Date and on or prior before an interest payment date, the interest payable on such interest payment date shall be paid on such interest payment date to the corresponding Interest Payment Date, holders of record of such Notes on the Company will pay applicable Record Date instead of the full amount of accrued and unpaid interest and premium, if any, due holders surrendering such Notes for redemption on such Interest Payment Date to the Holder of record at the close of business on the corresponding Record Date. (b) date. Upon presentation of any Note redeemed in part only, the Company shall execute and the Trustee shall authenticate and make available for delivery to the Holder holder thereof, at the expense of the Company, a new Note or Notes, of authorized denominations, in principal amount equal to the unredeemed portion of the Notes so presented. Notwithstanding the foregoing, the Trustee shall not redeem any Notes or mail any notice of redemption during the continuance of a default in payment of interest on the Notes. If any Note called for redemption shall not be so paid upon surrender thereof for redemption on the redemption date, as provided in this Section 3.03, the principal shall, until paid or duly provided for, bear interest from and including the redemption date at a rate equal to 1% per annum above the rate borne by the Notes and such Note shall remain convertible into Common Stock until the redemption price and interest shall have been paid or duly provided for.

Appears in 1 contract

Samples: Indenture (Advanced Medical Optics Inc)

Payment of Notes Called for Redemption by the Company. (a) If notice of redemption has been given as provided in Section 4.23.02, the Notes or portion of Notes with respect to which such notice has been given shall become due and payable and if the Paying Agent holds funds sufficient to pay the Redemption Price of the Notes on the Redemption Date and at the place or places stated in such notice at the Redemption Price, and unless the Company defaults shall default in the payment of the Redemption Priceamounts owing on the Notes upon such redemption, then interest on the Notes or portion of Notes so called for redemption shall cease to accrue on and after such date (i) interest will cease to accrue on any Notes called for redemption at and the Redemption Date, (ii) on and after the Redemption Date (unless the Company defaults in the payment of the Redemption Price) such Notes shall cease to be entitled to any benefit or security under the Indenture this First Supplemental Indenture, and (iii) the Holders thereof shall have no right in respect of such Notes except the right to receive the Redemption Price thereof. On presentation and surrender of such Notes at a place Place of payment Payment in said notice specified, the said Notes or the specified portions thereof shall be paid and redeemed by the Company at the Redemption Price. On or prior to the Redemption Date specified in the notice of redemption given as provided in Section 3.02, the Company shall deposit with the Paying Agent (or, if the Company is acting as its own Paying Agent, set aside, segregate and hold in trust as provided in Section 10.03 of the Base Indenture) an amount of money in immediately available funds sufficient to redeem on the Redemption Date all the Notes (or portions thereof) so called for redemption (other than those theretofore surrendered for exchange) at the appropriate Redemption Price, together with accrued interest accrued thereon to, but excluding, to the Redemption Date. Such will be the case whether or not book-entry transfer of the Notes in book-entry form ; provided that if such payment is made and whether or not on the Notes in certificated formRedemption Date, together with necessary endorsements, are delivered to it must be received by the Paying Agent, by 10:00 a.m., New York City time, on such date. The Company shall be entitled to retain any interest, yield or gain on amounts deposited with the Paying Agent pursuant to this Section 3.03 in excess of amounts required hereunder to pay the Redemption Price; provided, however, if that neither the Redemption Date falls after a Record Date and Trustee nor the Paying Agent shall be under any liability for interest on or prior any money received by it hereunder except as otherwise agreed to the corresponding Interest Payment Date, with the Company will pay the full amount of accrued and unpaid interest and premium, if any, due on such Interest Payment Date to the Holder of record at the close of business on the corresponding Record Datein writing. (b) Upon presentation of any Note redeemed in part only, the Company shall execute and the Trustee shall authenticate and make available for delivery to the Holder thereof, at the expense of the Company, a new Note or Notes, of authorized denominations, in principal amount equal to the unredeemed portion of the Notes so presented.

Appears in 1 contract

Samples: Supplemental Indenture (Winthrop Realty Trust)

Payment of Notes Called for Redemption by the Company. (a) If notice of redemption has been given as provided in Section 4.23.02, the Notes or portion of Notes with respect to which such notice has been given shall shall, unless converted pursuant to the terms hereof, become due and payable and if the Paying Agent holds funds sufficient to pay the Redemption Price of the Notes on the Redemption Date date fixed for redemption and at the place or places stated in such notice at the applicable Redemption Price, and after the close of business on the Business Day immediately preceding the redemption date (unless the Company defaults shall default in the payment of such Notes at the Redemption Price, then on and after such date (i) interest will shall cease to accrue on any such Notes called for redemption at the Redemption Date, (ii) on and after the Redemption Date (unless the Company defaults in the payment of the Redemption Price) such Notes shall cease to be convertible and, except as provided in Section 8.05 and Section 13.04, to be entitled to any benefit or security under this Indenture, and the Indenture and (iii) the Holders holders thereof shall have no right in respect of such Notes except the right to receive the Redemption Price thereof. On presentation and surrender of such Notes at a place of payment in said notice specified, the said Notes or the specified portions thereof shall be paid and redeemed by the Company at the applicable Redemption Price, together with interest accrued thereon to, but excluding, the Redemption Date. Such will be the case whether or not book-entry transfer of the Notes in book-entry form is made and whether or not the Notes in certificated form, together with necessary endorsements, are delivered to the Paying Agent; provided, however, if the Redemption Date falls after a Record Date and on or prior to the corresponding Interest Payment Date, the Company will pay the full amount of accrued and unpaid interest and premium, if any, due on such Interest Payment Date to the Holder of record at the close of business on the corresponding Record Date. (b) Upon presentation of any Note redeemed in part only, the Company shall execute and the Trustee shall authenticate and make available for delivery to the Holder holder thereof, at the expense of the Company, a new Note or Notes, of authorized denominations, in principal amount equal to the unredeemed portion of the Notes so presented. If any Note called for redemption shall not be so paid upon surrender thereof for redemption, such Note shall remain convertible until the principal shall have been paid or duly provided for.

Appears in 1 contract

Samples: Indenture (On Semiconductor Corp)

Payment of Notes Called for Redemption by the Company. (a) If notice of redemption has been given as provided in Section 4.23.02, the Notes or portion of Notes with respect to which such notice has been given shall shall, unless converted into Common Shares pursuant to the terms hereof, become due and payable and if the Paying Agent holds funds sufficient to pay the Redemption Price of the Notes on the Redemption Date and at the place or places stated in such notice at the applicable Redemption Price, and unless the Company defaults in the payment of the Redemption Price, then on and after such date (i) interest will cease to accrue on any Notes called for redemption at the Redemption Date, (ii) on and after the Redemption Date (unless the Company defaults shall default in the payment of such Notes at the Redemption Price), Interest on the Notes or portion of Notes so called for redemption shall cease to accrue and, after the close of business on the second Business Day immediately preceding the Redemption Date (unless the Company shall default in the payment of such Notes at the Redemption Price) such Notes shall cease to be convertible into Common Shares and, except as provided in Section 7.05, to be entitled to any benefit or security under this Indenture, and the Indenture and (iii) the Holders holders thereof shall have no right in respect of such Notes except the right to receive the Redemption Price thereof. On presentation and surrender of such Notes at a place of payment specified in said notice specifiednotice, the said such Notes or the specified portions thereof shall be paid and redeemed by the Company at the applicable Redemption Price, together with interest accrued thereon to, but excluding, the Redemption Date. Such will be the case whether or not book-entry transfer of the Notes in book-entry form is made and whether or not the Notes in certificated form, together with necessary endorsements, are delivered to the Paying Agent; provided, however, provided that if the applicable Redemption Date falls after a Record Date and on or prior to the corresponding is an Interest Payment Date, the Company will pay the full amount of accrued and unpaid interest and premium, if any, due Interest payable on such Interest Payment Date shall be paid on such Interest Payment Date to the Holder holders of record at the close of business such Notes on the corresponding Regular Record Date instead of the holders surrendering such Notes for redemption on such Redemption Date. (b) . Upon presentation of any Note redeemed in part only, the Company shall execute and the Trustee shall authenticate and make available for delivery to the Holder holder thereof, at the expense of the Company, a new Note or Notes, of authorized denominations, in principal amount equal to the unredeemed portion of the Notes so presented. Notwithstanding the foregoing, the Trustee shall not redeem any Notes or mail any Redemption Notice during the continuance of a default in payment of Interest on the Notes. If any Note called for redemption shall not be so paid upon surrender thereof for redemption, the principal shall, until paid or duly provided for, continue to bear interest at the rate borne by the Note, and such Note shall remain convertible into Common Shares until the principal and Interest shall have been paid or duly provided for.

Appears in 1 contract

Samples: Indenture (Town & Country Trust)

Payment of Notes Called for Redemption by the Company. (a) If notice of redemption has been given as provided in Section 4.23.02(a), the Notes or portion of Notes with respect to which such notice has been given shall shall, unless converted into Common Shares pursuant to the terms hereof, become due and payable and if the Paying Agent holds funds sufficient to pay the Redemption Price of the Notes on the Redemption Date and at the place or places stated in such notice at the applicable Redemption Price, and unless the Company defaults shall default in the payment of the Redemption Price, then . Interest on and after such date (i) interest will the Notes or portion of Notes so called for redemption shall cease to accrue on any Notes called for redemption at the Redemption Date, (ii) on and after the close of business on the second Business Day immediately preceding the Redemption Date (unless the Company defaults shall default in the payment of the Redemption Price) ), such Notes shall cease to be convertible into Common Shares and, except as provided in Section 7.05, to be entitled to any benefit or security under this Indenture, and the Indenture and (iii) the Holders holders thereof shall have no right in respect of such Notes except the right to receive the Redemption Price thereof. On presentation and surrender of such Notes at a place of payment in said notice specified, the said Notes or the specified portions thereof shall be paid and redeemed by the Company at the applicable Redemption Price, together with interest accrued thereon to, but excluding, the Redemption Date. Such will be the case whether or not book-entry transfer of the Notes in book-entry form is made and whether or not the Notes in certificated form, together with necessary endorsements, are delivered to the Paying Agent; provided, however, provided that if the applicable Redemption Date falls after a Record Date and on or prior to the corresponding is an Interest Payment Date, the Company will pay the full amount of accrued and unpaid interest and premium, if any, due Interest payable on such Interest Payment Date shall be paid on such Interest Payment Date to the Holder holders of record at the close of business such Notes on the corresponding Record Date. (b) applicable record date instead of the holders surrendering such Notes for redemption on such date. Upon presentation of any Note redeemed in part only, the Company shall execute and the Trustee shall authenticate and make available for delivery to the Holder holder thereof, at the expense of the Company, a new Note or Notes, of authorized denominations, in principal amount equal to the unredeemed portion of the Note or Notes so presented. Notwithstanding the foregoing, the Trustee shall not redeem any Notes or mail any Redemption Notices during the continuance of a default in payment of Interest on the Notes. If any Note called for redemption shall not be so paid upon surrender thereof for redemption, the principal shall, until paid or duly provided for, continue to bear interest at the rate borne by the Note, and such Note shall remain convertible into Common Shares, cash or a combination of cash and Common Shares until the principal and Interest shall have been paid or duly provided for. The Company will notify all of the holders if the Company redeems any of the Notes.

Appears in 1 contract

Samples: Indenture (Xoma LTD /De/)

Payment of Notes Called for Redemption by the Company. (a) If notice of redemption has been given as provided in Section 4.2, the Notes or portion of Notes with respect to which such notice has been given shall become due and payable and if the Paying Agent holds funds sufficient to pay the Redemption Price of the Notes on the Redemption Date and at the place or places stated in such notice at the Redemption Price, and unless the Company defaults in the payment of the Redemption Price, then on and after such date (i) interest will cease to accrue on any Notes called for redemption at the Redemption Date, (ii) on and after the Redemption Date (unless the Company defaults in the payment of the Redemption Price) such Notes shall cease to be entitled to any benefit or security under the Indenture and (iii) the Holders thereof shall have no right in respect of such Notes except the right to receive the Redemption Price thereof. On presentation and surrender of such Notes at a place of payment in said notice specified, the said Notes or the specified portions thereof shall be paid and redeemed by the Company at the Redemption Price, together with interest accrued thereon to, but excluding, the Redemption Date. Such will be the case whether or not book-entry transfer of the Notes in book-entry form is made and whether or not the Notes in certificated form, together with necessary endorsements, are delivered to the Paying Agent; provided, however, if installments of interest on Notes that are due and payable on an Interest Payment Date for the Redemption Date falls after a Record Date and Notes falling on or prior to a Redemption Date for the corresponding Interest Payment Date, the Company Notes will pay the full amount of accrued and unpaid interest and premium, if any, due on such Interest Payment Date be payable to the Holder persons who were the Holders of record of the Notes (or one or more predecessor notes) registered as such at the close of business on the corresponding relevant regular Record DateDate for the Notes. (b) Upon presentation of any Note redeemed in part only, the Company shall execute and the Trustee shall authenticate and make available for delivery to the Holder thereof, at the expense of the Company, a new Note or Notes, of authorized denominations, in principal amount equal to the unredeemed portion of the Notes so presented.

Appears in 1 contract

Samples: Third Supplemental Indenture (Rexford Industrial Realty, Inc.)

Payment of Notes Called for Redemption by the Company. (a) If notice of redemption has been given as provided in Section 4.23.02, the Notes or portion of Notes with respect to which such notice has been given shall shall, unless converted into Common Stock pursuant to the terms hereof, become due and payable and if the Paying Agent holds funds sufficient to pay the Redemption Price of the Notes on the Redemption Date date fixed for redemption and at the place or places stated in such notice at the Redemption Priceapplicable redemption price, together with interest accrued to (but excluding) the redemption date, and on and after said date (unless the Company defaults shall default in the payment of such Notes at the Redemption Priceredemption price, then on and after such date (itogether with interest accrued to said date) interest will on the Notes or portion of Notes so called for redemption shall cease to accrue on any Notes called for redemption at the Redemption Dateand, (ii) on and after the Redemption Date (unless close of business on the Company defaults in Business Day immediately preceding the payment of the Redemption Price) redemption date, such Notes shall cease to be convertible into Common Stock (except as provided in the last sentence of this Section 3.03) and, except as provided in Sections 7.05 and 12.04, to be entitled to any benefit or security under this Indenture, and the Indenture and (iii) the Holders holders thereof shall have no right in respect of such Notes except the right to receive the Redemption Price thereofredemption price thereof and unpaid interest to (but excluding) the redemption date. On presentation and surrender of such Notes at a place of payment in said notice specified, the said Notes or the specified portions thereof shall be paid and redeemed by the Company at the Redemption Priceapplicable redemption price, together with interest accrued thereon to, but excluding, the Redemption Date. Such will redemption date; provided that if the applicable redemption date is an interest payment date, the interest payable on such interest payment date shall be payable to the case whether or not book-entry transfer holders of record of such Notes on the applicable record date instead of the holders surrendering such Notes in book-entry form is made and whether or not the Notes in certificated form, together with necessary endorsements, are delivered to the Paying Agent; provided, however, if the Redemption Date falls after a Record Date and on or prior to the corresponding Interest Payment Date, the Company will pay the full amount of accrued and unpaid interest and premium, if any, due for redemption on such Interest Payment Date to the Holder of record at the close of business on the corresponding Record Date. (b) date. Upon presentation of any Note redeemed in part only, the Company shall execute and the Trustee shall authenticate and make available for delivery to the Holder holder thereof, at the expense of the Company, a new Note or Notes, of authorized denominations, in principal amount equal to the unredeemed portion of the Notes so presented. Notwithstanding the foregoing, the Trustee shall not redeem any Notes or mail any notice of redemption during the continuance of a default in payment of interest or premium, if any, on the Notes. If any Note called for redemption shall not be so paid upon surrender thereof for redemption, the principal and premium, if any, shall, until paid or duly provided for, bear interest from the redemption date at a rate equal to 1% per annum plus the rate borne by the Note (without duplication of the 1% increase provided for under Section 6.02) and such Note shall remain convertible into Common Stock until the principal and premium, if any, and interest shall have been paid or duly provided for.

Appears in 1 contract

Samples: Indenture (Standard Management Corp)

Payment of Notes Called for Redemption by the Company. (a) If notice of redemption has been given as provided in Section 4.23.02, the Notes or portion of Notes with respect to which such notice has been given shall shall, unless converted pursuant to the terms hereof, become due and payable and if the Paying Agent holds funds sufficient to pay the Redemption Price of the Notes on the Redemption Date and at the place or places stated in such notice at the applicable Redemption Price, and unless the Company defaults in the payment of the Redemption Price, then on and after such date (i) interest will cease to accrue on any Notes called for redemption at the Redemption Date, (ii) on and after the Redemption Date (unless the Company defaults shall default in the payment of such Notes at the Redemption Price) Interest on the Notes or portion of Notes so called for redemption shall cease to accrue and, after the close of business on the second Business Day immediately preceding the Redemption Date (unless the Company shall default in the payment of such Notes at the Redemption Price) such Notes shall cease to be convertible and, except as provided in Section 8.01(i), to be entitled to any benefit or security under this Indenture, and the Indenture and (iii) the Holders holders thereof shall have no right in respect of such Notes except the right to receive the Redemption Price thereof. On presentation and surrender of such Notes at a place of payment in said notice specified, the said Notes or the specified portions thereof shall be paid and redeemed by the Company at the applicable Redemption Price, together with interest accrued thereon to, but excluding, the Redemption Date. Such will be the case whether or not book-entry transfer of the Notes in book-entry form is made and whether or not the Notes in certificated form, together with necessary endorsements, are delivered to the Paying Agent; provided, however, provided that if the applicable Redemption Date falls after a Record Date and on or prior to the corresponding is an Interest Payment Date, the Company will pay the full amount of accrued and unpaid interest and premium, if any, due Interest payable on such Interest Payment Date shall be paid on such Interest Payment Date to the Holder holders of record at the close of business such Notes on the corresponding Record Date. (b) applicable record date instead of the holders surrendering such Notes for redemption on such date. Upon presentation of any Note redeemed in part only, the Company shall execute and the Trustee shall authenticate and make available for delivery to the Holder holder thereof, at the expense of the Company, a new Note or Notes, of authorized denominations, in principal amount equal to the unredeemed portion of the Notes so presented. Notwithstanding the foregoing, the Trustee shall not redeem any Notes or mail any Redemption Notice during the continuance of a default in payment of Interest on the Notes. If any Note called for redemption shall not be so paid upon surrender thereof for redemption, the principal shall, until paid or duly provided for, continue to bear interest at the rate borne by the Note, compounded semi-annually, and such Note shall remain convertible until the principal and Interest shall have been paid or duly provided for.

Appears in 1 contract

Samples: Indenture (Dress Barn Inc)

Payment of Notes Called for Redemption by the Company. (a) If notice of redemption has been given as provided in Section 4.2, the Notes or portion of Notes with respect to which such notice has been given shall become due and payable and if the Paying Agent holds funds sufficient to pay the Redemption Price of the Notes on the Redemption Date and at the place or places stated in such notice at the Redemption Price, and unless the Company defaults in the payment of the Redemption Price, then on and after such date Redemption Date: (i1) such Notes will cease to be outstanding; (2) interest will cease to accrue on any such Notes called for redemption at on the Redemption Date, ; (ii3) on and after the Redemption Date (unless the Company defaults in the payment of the Redemption Price) such Notes shall cease to be entitled to any benefit or security under the Indenture Indenture; and (iii4) the rights of the Holders thereof shall have no right in respect of such Notes will terminate except the right to receive the Redemption Price thereof. On presentation and surrender of such Notes at a place of payment in said notice specified, the said Notes or the specified portions thereof shall be paid and redeemed by the Company at the Redemption Price, together with interest accrued thereon to, but excluding, the Redemption Date. Such will be the case whether or not book-entry transfer of the Notes in book-entry form is made and whether or not the Notes in certificated form, together with necessary endorsements, are delivered to the Paying Agent; provided, however, if the Redemption Date falls after a Record Date and on or prior to the corresponding Interest Payment Date, the Company will pay the full amount of accrued and unpaid interest and premiuminterest, if any, due on such Interest Payment Date to the Holder of record at the close Close of business Business on the corresponding Record DateDate (instead of the Holder surrendering its Notes for redemption). (b) Upon presentation of any Note redeemed in part only, the Company shall execute and the Trustee shall shall, upon receipt of an Authentication Order, authenticate and make available for delivery to the Holder thereof, at the expense of the Company, a new Note or Notes, of authorized denominations, in principal amount equal to the unredeemed portion of the Notes so presented.

Appears in 1 contract

Samples: First Supplemental Indenture (Angel Oak Mortgage REIT, Inc.)

Payment of Notes Called for Redemption by the Company. (a) If notice of redemption has been given as provided in Section 4.23.02, the Notes or portion of Notes with respect to which such notice has been given shall shall, unless converted pursuant to the terms hereof, become due and payable and if the Paying Agent holds funds sufficient to pay the Redemption Price of the Notes on the Redemption Date date fixed for redemption and at the place or places stated in such notice at the Redemption Priceapplicable redemption price, together with Interest accrued to (but excluding) the redemption date, and on and after said date (unless the Company defaults shall default in the payment of such Notes at the Redemption Priceredemption price, then together with Interest accrued to said date) Interest on and after such date (i) interest will the Notes or portion of Notes so called for redemption shall cease to accrue on any Notes called for redemption at the Redemption Dateand, (ii) on and after the Redemption Date close of business on the Business Day immediately preceding the redemption date (unless the Company defaults shall default in the payment of such Notes at the Redemption Priceredemption price, together with Interest accrued to said date) such Notes shall cease to be convertible and, except as provided in Section 8.05 and Section 13.04, to be entitled to any benefit or security under this Indenture, and the Indenture and (iii) the Holders holders thereof shall have no right in respect of such Notes except the right to receive the Redemption Price thereofredemption price thereof and unpaid Interest to (but excluding) the redemption date. On presentation and surrender of such Notes at a place of payment in said notice specified, the said Notes or the specified portions thereof shall be paid and redeemed by the Company at the Redemption Priceapplicable redemption price, together with interest Interest accrued thereon to, but excluding, the Redemption Date. Such will be the case whether or not book-entry transfer of the Notes in book-entry form is made and whether or not the Notes in certificated form, together with necessary endorsements, are delivered to the Paying Agentredemption date; provided, however, provided that if the Redemption Date redemption date falls after a Record Date record date and on or prior to the corresponding Interest Payment Dateinterest payment date, the Company will pay the full amount of then accrued and unpaid interest and premiumInterest, if any, due to, but excluding, the date fixed for redemption shall be paid on such Interest Payment Date interest payment date to the Holder holders of record at the close of business such Notes on the corresponding Record Date. (b) applicable record date instead of the holders surrendering such Notes for redemption on such date. Upon presentation of any Note redeemed in part only, the Company shall execute and the Trustee shall authenticate and make available for delivery to the Holder holder thereof, at the expense of the Company, a new Note or Notes, of authorized denominations, in principal amount equal to the unredeemed portion of the Notes so presented. Notwithstanding the foregoing, the Trustee shall not redeem any Notes or mail any notice of redemption during the continuance of a default in payment of Interest on the Notes. If any Note called for redemption shall not be so paid upon surrender thereof for redemption, the principal shall, until paid or duly provided for, bear interest from the redemption date at a rate equal to 1% per annum plus the rate borne by the Note and such Note shall remain convertible until the principal and Interest shall have been paid or duly provided for.

Appears in 1 contract

Samples: Indenture (Headwaters Inc)

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