Common use of Purchase by the Issuer Clause in Contracts

Purchase by the Issuer. The Issuer may (subject to Article 11 of the Indenture) at any time purchase all or any of the Third Series Notes in the market (which shall include a purchase from or through an investment dealer or a firm holding membership on a recognized stock exchange) or by invitation for tenders or by private contract at such price or prices as may be determined by the Board. If, upon an invitation for tenders, more Third Series Notes than the Issuer is prepared to accept are tendered at the same lowest price that the Issuer is prepared to accept, the Third Series Notes to be purchased by the Issuer shall be selected by the Trustee pro rata, by lot, or in such other manner as the Trustee may consider equitable, from the Third Series Notes tendered by each Holder who tendered at such lowest price. For this purpose, the Trustee may make, and from time to time amend, regulations with respect to the manner in which Third Series Notes may be so selected and regulations so made shall be valid and binding upon all Holders notwithstanding the fact that, as a result thereof, one or more of such Third Series Notes may become subject to purchase in part only. The Holder of any Third Series Notes of which a part only is purchased, upon surrender of such Third Series Notes for payment, shall be entitled to receive, without expense to such Holder, one or more new Third Series Notes for the unpurchased part so surrendered and the Trustee shall certify and deliver such new Third Series Notes upon receipt of the Third Series Notes so surrendered.

Appears in 1 contract

Samples: Third Supplemental Indenture (Kimco Realty Corp)

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Purchase by the Issuer. The Issuer may (subject to Article 11 of the Indenture) at any time purchase all or any of the Third Second Series Notes in the market (which shall include a purchase from or through an investment dealer or a firm holding membership on a recognized stock exchange) or by invitation for tenders or by private contract at such price or prices as may be determined by the Board. If, upon an invitation for tenders, more Third Second Series Notes than the Issuer is prepared to accept are tendered at the same lowest price that the Issuer is prepared to accept, the Third Second Series Notes to be purchased by the Issuer shall be selected by the Trustee pro rata, by lot, or in such other manner as the Trustee may consider equitable, from the Third Second Series Notes tendered by each Holder who tendered at such lowest price. For this purpose, the Trustee may make, and from time to time amend, regulations with respect to the manner in which Third Second Series Notes may be so selected and regulations so made shall be valid and binding upon all Holders notwithstanding the fact that, as a result thereof, one or more of such Third Second Series Notes may become subject to purchase in part only. The Holder of any Third Second Series Notes of which a part only is purchased, upon surrender of such Third Second Series Notes for payment, shall be entitled to receive, without expense to such Holder, one or more new Third Second Series Notes for the unpurchased part so surrendered and the Trustee shall certify and deliver such new Third Second Series Notes upon receipt of the Third Second Series Notes so surrendered.

Appears in 1 contract

Samples: Supplemental Indenture (Kimco Realty Corp)

Purchase by the Issuer. The Issuer may (subject to Article 11 of the Indenturehereof) at any time purchase all or any of the Third Series Notes in the market (which shall include a purchase from or through an investment dealer or a firm holding membership on a recognized stock exchange) or by invitation for tenders or by private contract at such price or prices as may be determined by the Board. If, upon an invitation for tenders, more Third Series Notes than the Issuer is prepared to accept are tendered at the same lowest price that the Issuer is prepared to accept, the Third Series Notes to be purchased by the Issuer shall be selected by the Trustee pro rata, by lot, or in such other manner as the Trustee may consider equitable, from the Third Series Notes tendered by each Holder who tendered at such lowest price. For this purpose, the Trustee may make, and from time to time amend, regulations with respect to the manner in which Third Series Notes may be so selected and regulations so made shall be valid and binding upon all Holders notwithstanding the fact that, as a result thereof, one or more of such Third Series Notes may become subject to purchase in part only. The Holder of any Third Series Notes of which a part only is purchased, upon surrender of such Third Series Notes for payment, shall be entitled to receive, without expense to such Holder, one or more new Third Series Notes for the unpurchased part so surrendered and the Trustee shall certify and deliver such new Third Series Notes upon receipt of the Third Series Notes so surrendered.

Appears in 1 contract

Samples: Indenture (Kimco Realty Corp)

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Purchase by the Issuer. The Issuer may (subject to Article 11 of the Indenture) at any time purchase all or any of the Third Fourth Series Notes in the market (which shall include a purchase from or through an investment dealer or a firm holding membership on a recognized stock exchange) or by invitation for tenders or by private contract at such price or prices as may be determined by the Board. If, upon an invitation for tenders, more Third Fourth Series Notes than the Issuer is prepared to accept are tendered at the same lowest price that the Issuer is prepared to accept, the Third Fourth Series Notes to be purchased by the Issuer shall be selected by the Trustee pro rata, by lot, or in such other manner as the Trustee may consider equitable, from the Third Fourth Series Notes tendered by each Holder who tendered at such lowest price. For this purpose, the Trustee may make, and from time to time amend, regulations with respect to the manner in which Third Fourth Series Notes may be so selected and regulations so made shall be valid and binding upon all Holders notwithstanding the fact that, as a result thereof, one or more of such Third Fourth Series Notes may become subject to purchase in part only. The Holder of any Third Fourth Series Notes of which a part only is purchased, upon surrender of such Third Fourth Series Notes for payment, shall be entitled to receive, without expense to such Holder, one or more new Third Fourth Series Notes for the unpurchased part so surrendered and the Trustee shall certify and deliver such new Third Fourth Series Notes upon receipt of the Third Fourth Series Notes so surrendered.

Appears in 1 contract

Samples: Fourth Supplemental Indenture (Kimco Realty Corp)

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