REDEMPTION AND PURCHASE OF NOTES. 61 5.1 Redemption of Notes 61 5.2 Places of Payment 61 5.3 Partial Redemption 61 5.4 Notice of Redemption 62 5.5 Qualified Redemption Notice 63 5.6 Notes Due on Redemption Dates 63 5.7 Deposit of Redemption Monies 63 5.8 Failure to Surrender Notes Called for Redemption 64 5.9 Cancellation of Notes Redeemed 64 5.10 Purchase of Notes for Cancellation 65
REDEMPTION AND PURCHASE OF NOTES. 64 6.1 Redemption of Notes 64 6.2 Places of Payment 64 6.3 Partial Redemption 65 6.4 Notice of Redemption 65 6.5 Qualified Redemption Notice 66 6.6 Notes Due on Redemption Dates 66 6.7 Deposit of Redemption Monies 67 6.8 Failure to Surrender Notes Called for Redemption 68 6.9 Cancellation of Notes Redeemed 68 6.10 Purchase of Notes for Cancellation 68 ARTICLE 7 COVENANTS OF THE ISSUER 69 7.1 Payment of Principal, Premium, and Interest 69 7.2 Existence 69 7.3 Payment of Taxes and Other Claims 70 7.4 Keeping of Books 70 7.5 Provision of Reports and Financial Statements 70 7.6 Designation of Restricted and Unrestricted Subsidiaries 71 7.7 Liens 73 7.8 Landlord Consents 73 7.9 Restricted Payments 73 7.10 Incurrence of Indebtedness 78 7.11 Dividends and Other Payment Restrictions Affecting Restricted Subsidiaries 83 7.12 Transactions with Affiliates 86 7.13 Business Activities 88 7.14 Repurchase at the Option of Holders – Change of Control 89 7.15 Repurchase at the Option of Holders – Asset Sales 91 7.16 Suspension of Covenants 94 7.17 Minimum Liquidity 96 ARTICLE 8 SECURITY 96 8.1 Security 96 8.2 Equal and Rateable Security 96 8.3 Effective Date of Security 96 8.4 Perfection of Security Interest 97 ARTICLE 9 DEFAULT AND ENFORCEMENT 97 9.1 Events of Default 97 9.2 Acceleration of Maturity; Rescission, Annulment and Waiver 99 9.3 Collection of Indebtedness and Suits for Enforcement by Trustee 101 9.4 Trustee May File Proofs of Claim 102 9.5 Trustee May Enforce Claims Without Possession of Notes 102 9.6 Application of Monies by Trustee 103 9.7 No Suits by Holders 104 9.8 Unconditional Right of Holders to Receive Principal, Premium and Interest 104 9.9 Restoration of Rights and Remedies 104 9.10 Rights and Remedies Cumulative 105 9.11 Delay or Omission Not Waiver 105 9.12 Control by Holders 105 9.13 Notice of Event of Default 106 9.14 Waiver of Stay or Extension Laws 106 9.15 Undertaking for Costs 106 9.16 Judgment Against the Issuer 106 9.17 Immunity of Officers and Others 106 9.18 Notice of Payment by Trustee 107 9.19 Trustee May Demand Production of Notes 107 9.20 Statement by Officers 107 ARTICLE 10 DISCHARGE AND DEFEASANCE 107
REDEMPTION AND PURCHASE OF NOTES. 4.1 Redemption of Notes 65 4.2 Optional Redemption 65 4.3 Mandatory Redemption 66 4.4 Places of Payment 66 4.5 Partial Redemption 66 4.6 Notice of Redemption 67 4.7 Notes Due on Redemption Dates 67 4.8 Deposit of Redemption Monies 68 4.9 Failure to Surrender Notes Called for Redemption 69 4.10 Cancellation of Notes Redeemed 69 4.11 Purchase of Notes for Cancellation 69
REDEMPTION AND PURCHASE OF NOTES. 16 Section 3.1 Redemption of Notes at Option of the Company 16 Section 3.2 Optional Redemption of Notes Upon a Change in Control 17 Section 3.3 Notice of Redemption; Selection of Notes 17 Section 3.4 Payment of Notes Called for Redemption by Company 20 Section 3.5 Reserved 21 Section 3.6 Required Purchase at Option of Holders Upon a Change in Control 21 ARTICLE IV SUBORDINATION OF NOTES 26 Section 4.1 Agreement of Subordination 26 Section 4.2 Payments to Noteholders 27 Section 4.3 Subrogation of Notes 29 Section 4.4 Authorization by Noteholders 30 Section 4.5 Notice to Trustee 30 Section 4.6 Trustee's Relation to Senior Indebtedness 31 Section 4.7 No Impairment of Subordination 31 Section 4.8 Certain Conversions Not Deemed Payment 31 Section 4.9 Article Applicable to Paying Agents 32 Section 4.10 Senior Indebtedness Entitled to Rely 32 ARTICLE V PARTICULAR COVENANTS OF THE COMPANY 32 Section 5.1 Payment of Principal, Premium and Interest 32 Section 5.2 Maintenance of Office or Agency 32 Section 5.3 Appointments to Fill Vacancies in Trustee's Office 33 Section 5.4 Provisions as to Paying Agent 33 Section 5.5 Existence 34
REDEMPTION AND PURCHASE OF NOTES. 22 4.1 Purchase of Notes 22 4.2 Redemption of Notes 23 4.3 Cancellation of Notes Redeemed 24
REDEMPTION AND PURCHASE OF NOTES. 50 6.1 Redemption of Notes 50 6.2 Places of Payment 51 6.3 Partial Redemption 51 6.4 Notice of Redemption 51 6.5 Qualified Redemption Notice 52 6.6 Notes Due on Redemption Dates 53 6.7 Deposit of Redemption Monies 53 6.8 Failure to Surrender Notes Called for Redemption 54 6.9 Cancellation of Notes Redeemed 54 6.10 Purchase of Notes for Cancellation 54 ARTICLE 7 COVENANTS OF THE ISSUER 55 7.1 Payment of Principal and Interest 55 7.2 Provision of Reports and Financial Statements 55 7.3 Compliance with Laws and Contractual Obligations 55 7.4 Restricted Payments 56 7.5 Incurrence of Indebtedness 56 7.6 Sale of Assets 56 7.7 Maintenance of Properties 58 7.8 Organizational Existence 58
REDEMPTION AND PURCHASE OF NOTES. As of the Closing Date, the Company shall have: (i) provided the redemption notice required by the indentures governing the Redeemed Notes, (ii) deposited sufficient cash with each trustee under the indentures governing the Redeemed Notes to pay the redemption price for all outstanding Redeemed Notes and (iii) deposited sufficient cash into a sub-account of the Collateral Account (as defined in the Indenture) to purchase at par all of the outstanding 87/8% Notes, plus accrued and unpaid interest through January 8, 2004.
REDEMPTION AND PURCHASE OF NOTES. Section 3.01. Company's Right to Redeem......................................................................... 20 Section 3.02. Notice of Optional Redemption; Selection of Notes................................................. 20 Section 3.03. Payment of Notes Called for Redemption by the Company............................................. 22 Section 3.04. Conversion Arrangement on Call for Redemption..................................................... 23
REDEMPTION AND PURCHASE OF NOTES. Section 4.01.
REDEMPTION AND PURCHASE OF NOTES. Section 6.1 Redemption Generally 25 Section 6.2 Partial Redemption; Notice to Trustee 25 Section 6.3 Selection by Trustee of Notes to be Redeemed 26 Section 6.4 Notice of Redemption 26 Section 6.5 Deposit of Redemption Price 26 Section 6.6 Notes Payable on Redemption Date 27 Section 6.7 Notes Redeemed in Part 27 Section 6.8 Purchase 27 Section 6.9 Cancellation of Notes 28
