Common use of Procedure for Redemptions Clause in Contracts

Procedure for Redemptions. (a) The Issuer shall deliver written notice in respect of any Redemption of any class of Notes under Section 3.8 to each Noteholder at least five (5) Business Days (in case of an Optional Redemption in whole) or three (3) Business Days (in case of an Optional Redemption in part of the Original Notes (or any Refinancing Notes in respect of the Original Notes)) but not more than 30 days before the date scheduled for such redemption, which written notice shall be delivered by the Issuer to the Trustee at least five (5) Business Days (or such shorter period as may be agreed to by the Trustee) prior to the date on which such notice is required to be delivered to Noteholders, for the Trustee to deliver to the Noteholders at the sole cost and expense of the Issuer through DTC, Euroclear or Clearstream for the Beneficial Holders and by regular mail, postage prepaid for the Noteholders holding Definitive Notes. Each notice in respect of a Redemption given pursuant to this Section 3.9(a) shall state (i) the expected applicable Redemption Date, (ii) the projected Redemption Price of the Notes to be redeemed, (iii) in the case of a Redemption of the Notes in part, the portion of the Outstanding Principal Balance of the Notes that is expected to be redeemed, (iv) that the Notes to be redeemed in a Redemption in whole must be surrendered (which action may be taken by any Noteholder or its authorized agent) to the Trustee to collect the Redemption Price on such Notes, (v) that, unless the Issuer fails to pay the Redemption Price, interest on the Notes called for Redemption in whole shall cease to accrue on and after the Redemption Date and (vi) if such Redemption is conditional upon the occurrence of any event or condition, including the issuance and sale of Subordinated Notes or Refinancing Notes, such event or condition. If mailed in the manner herein provided, the notice shall be conclusively presumed to have been given whether or not the Noteholder receives such notice.

Procedure for Redemptions. (a) The Issuer shall deliver written notice in respect of any Redemption of any class of Notes under Section 3.8 to each Noteholder at least five (5) Business Days (in case of an Optional Redemption in whole) or three (3) Business Days (in case of an Optional Redemption in part of the Original Notes (or any Refinancing Notes in respect of the Original Notes)) but not more than 30 days before the date scheduled for such redemption, which written notice shall be delivered by the Issuer to the Trustee at least five (5) Business Days (or such shorter period as may be agreed to by the Trustee) prior to the date on which such notice is required to be delivered to Noteholders, for the Trustee to deliver to the Noteholders at the sole cost and expense of the Issuer through DTC, Euroclear or Clearstream for the Beneficial Holders and by regular mail, postage prepaid for the Noteholders holding Definitive Notes. Each notice in respect of a Redemption given pursuant to this Section 3.9(a) shall state (i) the expected applicable Redemption Date, (ii) the projected Redemption Price of the Notes to be redeemed, (iii) in the case of a Redemption of the Notes in part, the portion of the Outstanding Principal Balance of the Notes that is expected to be redeemed, (iv) that the Notes to be redeemed in a Redemption in whole must be surrendered (which action may be taken by any Noteholder or its authorized agent) to the Trustee to collect the Redemption Price on such Notes, (v) that, unless the Issuer fails to pay the Redemption Price, interest on the Notes called for Redemption in whole shall cease to accrue on and after the Redemption Date and (vi) if such Redemption is conditional upon the occurrence of any event or condition, including including, without limitation, the issuance and sale of Subordinated Notes or Refinancing Notes, such event or condition. If mailed in the manner herein provided, the notice shall be conclusively presumed to have been given whether or not the Noteholder receives such notice.

Procedure for Redemptions. (a) The Issuer Trustee (or the Servicer acting as its agent (or any authorized agent of the Servicer)) shall deliver give written notice in respect of any Redemption of any class of Notes under Section 3.8 3.10 to each Noteholder of such Notes at least five (5) Business Days (in case of an Optional Redemption in whole) or three (3) Business Days (in case of an Optional Redemption in part of the Original Notes (or any Refinancing Notes in respect of the Original Notes)) 30 days but not more than 30 60 days before such Redemption Date. The Trustee shall not be permitted to deliver any notice under this Section 3.11(a) unless and until it shall have received evidence reasonably satisfactory to it that amounts sufficient to pay (i) the date scheduled Redemption Price for such redemptionclass of Notes, which written notice shall (ii) all accrued and unpaid interest, including Additional Interest, in respect of each class of Notes ranking pari passu therewith or prior thereto and (iii) the Transaction Expenses relating to such Redemption are deposited, or will be delivered by deposited on or before the Issuer to Redemption Date, in the Trustee at least five (5) Business Days (or Redemption Account established in respect of such shorter period as may be agreed to by the Trustee) prior to the date on which such notice is required to be delivered to Noteholders, for the Trustee to deliver to the Noteholders at the sole cost and expense of the Issuer through DTC, Euroclear or Clearstream for the Beneficial Holders and by regular mail, postage prepaid for the Noteholders holding Definitive NotesRedemption. Each notice in respect of a Redemption given pursuant to this Section 3.9(a3.11(a) shall state (iA) the expected applicable Redemption Date, (iiB) the projected Trustee’s arrangements for making payments in respect of such Redemption, (C) the Redemption Price of the Notes to be redeemed, (iiiD) in the case of a Redemption of the Notes of any class in part, the portion of the Outstanding Principal Balance of the Notes that is expected to will be redeemed, (ivE) that the Notes to be redeemed in a Redemption in whole must be surrendered (which action may be taken by any Noteholder or its authorized agent) to the Trustee to collect the Redemption Price on such Notes, Notes and (vF) that, unless the Issuer fails to pay defaults in the payment of the Redemption Price, interest on the Notes called for Redemption in whole shall cease to accrue on and after the Redemption Date and (vi) if such Redemption is conditional upon the occurrence of any event or condition, including the issuance and sale of Subordinated Notes or Refinancing Notes, such event or conditionDate. If mailed in the manner herein provided, the notice shall be conclusively presumed to have been given whether or not the Noteholder receives such notice. Failure to give notice or any defect in the notice shall not affect the validity of the notice.

Procedure for Redemptions. (a) The Issuer Trustee (or Servicer acting as its agent (or any authorized agent of Servicer)) shall deliver give written notice in respect of any Redemption of any class of Notes under Section 3.8 3.1 to each Noteholder of such Notes at least five (5) Business Days (in case of an Optional Redemption in whole) or three (3) Business Days (in case of an Optional Redemption in part of the Original Notes (or any Refinancing Notes in respect of the Original Notes)) 30 days but not more than 60 days before such Redemption Date; provided, that, in connection with a Mandatory Redemption, if the events giving rise to such Mandatory Redemption shall have occurred within the 30 days before the date scheduled for prior to such redemptionRedemption Date, which then such written notice shall be delivered by the Issuer given to each Noteholder as promptly as practicable. Except in connection with a Mandatory Redemption, the Trustee at least five (5) Business Days (or such shorter period as may shall not be agreed to by the Trustee) prior to the date on which such notice is required to be delivered to Noteholders, for the Trustee permitted to deliver any notice under this Section 3.2(a) unless and until it shall have received evidence reasonably satisfactory to it that amounts sufficient to pay (i) the Noteholders at Redemption Price for such class of Notes plus the sole cost Redemption Premium, if any, (ii) all accrued and expense unpaid interest, including Additional Interest, in respect of each class of Notes ranking pari passu therewith or prior thereto and (iii) the Issuer through DTCTransaction Expenses relating to such Redemption are deposited, Euroclear or Clearstream for will be deposited on or before the Beneficial Holders and by regular mailRedemption Date, postage prepaid for in the Noteholders holding Definitive NotesRepayment/Redemption Account established in respect of such Redemption. Each notice in respect of a Redemption given pursuant to this Section 3.9(a3.2(a) shall state (iA) the expected applicable Redemption DateDate and whether the Redemption is a Mandatory Redemption, a Special Tax Redemption, an Optional Redemption or any other redemption of Notes described in Section 3.1(b), (iiB) the projected Trustee's arrangements for making payments in respect of such Redemption, (C) the Redemption Price of the Notes to be redeemedredeemed and the Redemption Premium, if any, (iiiD) in the case of a Redemption of the Notes of any class in part, the portion of the Outstanding Principal Balance of the Notes that is expected to will be redeemed, (ivE) that the Notes to be redeemed in a Redemption in whole must be surrendered (which action may be taken by any Noteholder or its authorized agent) to the Trustee to collect the Redemption Price and Redemption Premium, if any, on such Notes, Notes and (vF) that, unless Royalty Sub defaults in the Issuer fails to pay payment of the Redemption PricePrice or Redemption Premium, if any, interest on the Notes called for Redemption in whole shall cease to accrue on and after the Redemption Date and (vi) if such Redemption is conditional upon the occurrence of any event or condition, including the issuance and sale of Subordinated Notes or Refinancing Notes, such event or conditionDate. If mailed in the manner herein provided, the notice shall be conclusively presumed to have been given whether or not the Noteholder receives such notice. Failure to give notice or any defect in the notice shall not affect the validity of the notice.

Procedure for Redemptions. (a) The Issuer shall deliver written notice in respect of any Redemption of any class of Notes under Section 3.8 to each Noteholder at least five (5) Business Days (in case of an Optional Redemption in whole) or three (3) Business Days (in case of an Optional Redemption in part of the Original Notes (or any Refinancing Notes in respect of the Original Notes)) but not more than 30 days before the date scheduled for such redemption, which written notice shall be delivered by the Issuer to the Trustee at least five (5) Business Days (or such shorter period as may be agreed to by the Trustee) prior to the date on which such notice is required to be delivered to Noteholders, for the Trustee to deliver to the Noteholders at the sole cost and expense of the Issuer through DTC, Euroclear or Clearstream for the Beneficial Holders and by regular mail, postage prepaid for the Noteholders holding Definitive Notes. Each notice in respect of a Redemption given pursuant to this Section 3.9(a) shall state (i) the expected applicable Not more than 60 and not less then 30 days prior to any Redemption DateDate (or, (ii) the projected Redemption Price of the Notes to be redeemed, (iii) in the case of a redemption pursuant to Section 5(b)(ii), not more than 60 and not less than 5 Business Days prior to any Redemption Date), written notice (the "Redemption Notice") shall be given by first-class mail, postage prepaid, to each Holder of record of shares to be redeemed on the record date fixed for such redemption of the Notes Redeemable Preferred Stock or entitled to the benefits of a Change of Control Offer or Asset Disposition Offer, as the case may be, at such Holder's address as the same appears on the stock register of the Company; provided, however, that (1) a Redemption Notice may be given with respect to a redemption pursuant to Section 5(b)(ii) on a basis that is conditioned upon and subject to the occurrence of a Change of Control upon a date that may be subsequently changed (a "Conditional Redemption Notice") and (2) no failure to give such notice nor any deficiency therein shall affect the validity of the procedure for the redemption of any shares of Redeemable Preferred Stock to be redeemed except as to the Holder or Holders to whom the Company has failed to give such notice or except as to the Holder or Holders whose notice was defective. The Redemption Notice shall state: in partthe case of a Change of Control Offer or Asset Disposition Offer only, that a Change of Control has occurred or that Remaining Net Available Proceeds resulting from an Asset Disposition exist, as the case may be, and that such Holder has the right to require the Company to redeem such Holder's Redeemable Preferred Stock at the within mentioned Redemption Price, in the case of an Asset Disposition Offer, up to a maximum aggregate Redemption Price equal to the Remaining Net Available Proceeds less the amount of fees and expenses associated with the making and consummation of the Asset Disposition Offer; the Redemption Price or, if unascertainable, how the Redemption Price will be calculated; in the case of an optional redemption only, whether all or less than all the outstanding shares of a series of Redeemable Preferred Stock are to be redeemed and the total number of shares of such Redeemable Preferred Stock being redeemed; in the case of an optional redemption only, the portion number and series of shares of Redeemable Preferred Stock held by the Holder that the Company intends to redeem; in the case of an Asset Disposition Offer only, the aggregate Remaining Net Available Proceeds available to redeem shares of Redeemable Preferred Stock pursuant to the Asset Disposition Offer and to pay fees and expenses associated therewith; in the case of an Asset Disposition Offer only, that any shares of Redeemable Preferred Stock tendered in excess of the Outstanding Principal Balance maximum number able to be repurchased with the Remaining Net Available Proceeds (net of fees and expenses associated with the Notes Asset Disposition Offer) will be returned to the Holder and will be treated for all purposes as if such shares had not been tendered for redemption, and that in the event of such an excess tender, the Company shall select the shares of Redeemable Preferred Stock to be redeemed as nearly as practicable on a pro rata basis; the Redemption Date or, in the case of a Conditional Redemption Notice, the first possible and intended Redemption Date; in the case of an optional redemption or maturity date redemption only, that the Holder is expected to surrender to the Company, at the place or places that shall be designated in such Redemption Notice, its certificates representing the shares of Redeemable Preferred Stock to be redeemed; in the case of a Change of Control Offer or Asset Disposition Offer only, (iv) that the Notes Holder is to surrender to the Company, at the place or places that shall be designated in such Redemption Notice, its certificates representing the shares of Redeemable Preferred Stock that such Holder has elected to be redeemed; that dividends on the shares of any Redeemable Preferred Stock to be redeemed in a Redemption in whole must be surrendered (which action may be taken by any Noteholder or its authorized agent) to the Trustee to collect the Redemption Price on such Notes, (v) that, unless the Issuer fails to pay the Redemption Price, interest on the Notes called for Redemption in whole shall cease to accrue accumulate on and after the day prior to such Redemption Date unless the Company defaults in the payment of the redemption price; and (vi) if such Redemption is conditional upon the occurrence name of any event bank or condition, including trust company performing the issuance and sale of Subordinated Notes or Refinancing Notes, such event or condition. If mailed duties referred to in the manner herein provided, the notice shall be conclusively presumed to have been given whether or not the Noteholder receives such noticesubsection (d)(iv) below.