Common use of Redemption at the Option of the Noteholders Clause in Contracts

Redemption at the Option of the Noteholders. Each Paying Agent will keep a stock of put notices for the purposes of Conditions 9(c) and 9(e) in the form similar to that set out in Schedule 4 and will make them available on demand to Noteholders. The Paying Agent with which a Certificate is deposited pursuant to the Conditions shall hold such Certificate on behalf of the depositing Noteholder (but shall not, save as provided below, release it without the prior written consent of the Issuer) until the due date for redemption of the Notes in respect of which it is deposited. On that date, subject as provided below, the relevant Paying Agent shall surrender such Certificate to itself and treat it as if surrendered by the holder in accordance with the Conditions and (in the case of the Global Certificate) endorse the Schedule to such Global Certificate with the principal amount of Notes to be redeemed and the principal amount of Notes remaining after such redemption. If the Note (or Notes) evidenced by the deposited Certificate becomes (or become) immediately due and payable before that date, the Paying Agent concerned shall mail such Certificate by uninsured post to, and at the risk of, the relevant Noteholder at the address shown for the Noteholder on the register of Noteholders as supplied by the Registrar. At the end of the period for exercising the option, each Paying Agent shall promptly notify the Principal Agent of the principal amount of Notes in respect of which Put Notices and/or Delisting Put Notices (as the case may be) have been deposited with it and will forward such Put Notices and/or Delisting Put Notices (as the case may be) to the Principal Agent. The Principal Agent shall promptly notify such information, and details of the principal amount of Notes represented by the Global Certificate in respect of which the option has been exercised, to the Issuer and the Trustee. The Principal Agent will, at the expense of the Issuer, (i) send notice of the commencement of the period for the deposit of Notes for redemption pursuant to Condition 9(c), not less than 30 nor more than 45 days’ prior to the first date on which a Put Notice may be delivered and (ii) send notice of a Delisting to Noteholders on behalf of the Issuer and otherwise in accordance with Condition 9(e).

Appears in 1 contract

Samples: Agency Agreement (First Pacific Company LTD /Fi)

AutoNDA by SimpleDocs

Redemption at the Option of the Noteholders. Each Paying Agent will keep a stock of put notices for the purposes of Conditions 9(c) and 9(e) If Noteholders are specified in the form similar Applicable Pricing Supplement as having an option to that set out request the redemption of Notes, such Noteholders may exercise such option in Schedule 4 and will make them available on demand respect of such Notes by delivering to Noteholdersthe Transfer Agent, in accordance with Condition 19 (Notices), a duly executed notice (Put Notice), at least 30 (thirty) Days but not more than 60 (sixty) Days, prior to the Optional Redemption Date. For redemption in part, the redemption amount specified in such Put Notice in respect of any such Note must be of a principal amount equal to or greater than the Minimum Redemption Amount or equal to or less than the Higher Redemption Amount, each as indicated in the Applicable Pricing Supplement. The Paying Agent redemption by the Noteholders of uncertificated Notes shall take place in accordance with which a Certificate is deposited pursuant the Applicable Procedures. The Issuer shall proceed to the Conditions shall hold such Certificate on behalf of the depositing Noteholder (but shall not, save as provided below, release it without the prior written consent of the Issuer) until the due date for redemption of redeem the Notes in respect of which it is deposited. On that date, subject as provided below, the relevant Paying Agent shall surrender such Certificate to itself and treat it as if surrendered by the holder option has been exercised in accordance with the Conditions and (in the case terms of the Global Applicable Pricing Supplement, at the Optional Redemption Amount and on the Optional Redemption Date, together, if appropriate, with interest accrued to (but excluding) the Optional Redemption Date(s). In the event that the redeeming Noteholder is the holder of an Individual Certificate, then such Noteholder shall (attached to the Put Notice) endorse deliver the Schedule Individual Certificate to such Global the Transfer Agent for cancellation. A holder of an Individual Certificate with shall, in that holder’s Put Notice, specify a bank account into which the principal redemption payment amount of Notes is to be redeemed paid. The delivery of Put Notices shall be required to take place during normal office hours to the Transfer Agent. Put Notices shall be available for inspection at the Specified Offices of the Transfer Agent. Any Put Notice given by a holder of any Note pursuant to this paragraph shall be irrevocable except where, after giving the notice but prior to the due date of redemption, an Event of Default shall have occurred and be continuing in which event such Noteholder, at its option, may elect by notice to the principal amount of Notes remaining after Issuer to withdraw the notice given pursuant to this paragraph and instead to declare such redemption. If the Note (or Notes) evidenced by the deposited Certificate becomes (or become) immediately forthwith due and payable before that date, the Paying Agent concerned shall mail such Certificate by uninsured post to, and at the risk of, the relevant Noteholder at the address shown for the Noteholder on the register of Noteholders as supplied by the Registrar. At the end of the period for exercising the option, each Paying Agent shall promptly notify the Principal Agent of the principal amount of Notes in respect of which Put Notices and/or Delisting Put Notices (as the case may be) have been deposited with it and will forward such Put Notices and/or Delisting Put Notices (as the case may be) to the Principal Agent. The Principal Agent shall promptly notify such information, and details of the principal amount of Notes represented by the Global Certificate in respect of which the option has been exercised, to the Issuer and the Trustee. The Principal Agent will, at the expense of the Issuer, (i) send notice of the commencement of the period for the deposit of Notes for redemption pursuant to Condition 9(c17 (Events of Default), not less than 30 nor more than 45 days’ prior . The Issuer shall have no liability to remedy any defects in any Put Notice or bring any such defects to the first date on which a Put Notice may be delivered and (ii) send notice attention of a Delisting to Noteholders on behalf of the Issuer and otherwise in accordance with Condition 9(e)any Noteholder.

Appears in 1 contract

Samples: Domestic Medium Term Note Programme

Redemption at the Option of the Noteholders. Each Paying Agent will keep a stock of put notices for the purposes of Conditions 9(c) and 9(e) If Noteholders are specified in the form similar Applicable Pricing Supplement as having an option to that set out request the redemption of Notes, such Noteholders may exercise such option in Schedule 4 and will make them available on demand respect of such Notes by delivering to Noteholdersthe Transfer Agent, in accordance with Condition 20 (Notices), a duly executed notice (Put Notice), at least 30 (thirty) Days but not more than 60 (sixty) Days, prior to the Optional Redemption Date. For redemption in part, the redemption amount specified in such Put Notice in respect of any such Note must be of a principal amount equal to or greater than the Minimum Redemption Amount or equal to or less than the Higher Redemption Amount, each as indicated in the Applicable Pricing Supplement. The Paying Agent redemption by the Noteholders of uncertificated Notes shall take place in accordance with which a Certificate is deposited pursuant the Applicable Procedures. The Issuer shall proceed to the Conditions shall hold such Certificate on behalf of the depositing Noteholder (but shall not, save as provided below, release it without the prior written consent of the Issuer) until the due date for redemption of redeem the Notes in respect of which it is deposited. On that date, subject as provided below, the relevant Paying Agent shall surrender such Certificate to itself and treat it as if surrendered by the holder option has been exercised in accordance with the Conditions and (in the case terms of the Global Applicable Pricing Supplement, at the Optional Redemption Amount(s) and on the Optional Redemption Date(s), together, if appropriate, with interest accrued to (but excluding) the Optional Redemption Date(s). In the event that the redeeming Noteholder is the holder of an Individual Certificate, then such Noteholder shall (attached to the Put Notice) endorse deliver the Schedule Individual Certificate to the Transfer Agent at least 1 (one) Business Day prior to the Optional Redemption Date for cancellation, failing which the Put Notice shall be invalid. A holder of an Individual Certificate shall, in that holder’s Put Notice, specify a bank account in South Africa into which the redemption payment amount is to be paid. If, prior to such Global Certificate with the principal amount of Notes to be redeemed and the principal amount of Notes remaining after due date for its redemption, such redemption. If the Note (or Notes) evidenced by the deposited Certificate becomes (or become) immediately due and payable before that dateor if upon due presentation payment of such redemption monies is improperly withheld or refused, the Paying Transfer Agent concerned shall mail post such Certificate Note by uninsured post to, and at the risk of, the relevant Noteholder (unless the Noteholder has otherwise requested and paid the costs of such insurance to the Transfer Agent at the time of depositing the Notes) at such address shown for as may have been given by the Noteholder on in the register of Noteholders as supplied by the RegistrarPut Notice. At the end of the each period for exercising the exercise of such option, each Paying the Transfer Agent shall promptly notify the Principal Agent Issuer of the principal amount Nominal Amount of the Notes in respect of which Put Notices and/or Delisting Put Notices (as the case may be) have such option has been deposited exercised with it and will forward such Put Notices and/or Delisting Put Notices (as the case may be) to the Principal Agent. The Principal Agent shall promptly notify such information, and details serial numbers in respect of the principal amount of any Notes represented by the Global Certificate in respect an Individual Certificate. The delivery of which the option has been exercised, Put Notices shall be required to take place during normal office hours to the Issuer and Transfer Agent. Put Notices shall be available for inspection at the TrusteeSpecified Address of the Transfer Agent. The Principal Agent willAny Put Notice given by a Noteholder pursuant to this Condition 11.4 (Redemption at the Option of the Noteholders) shall be irrevocable except where, after giving the notice but prior to the due date of redemption, an Event of Default shall have occurred and be continuing in which event such Noteholder, at its option, may elect by notice to the expense Issuer delivered at least 1 (one) Business Day prior to the Optional Redemption Date to withdraw the notice given pursuant to this Condition 11.4 (Redemption at the Option of the Issuer, (iNoteholders) send notice of the commencement of the period for the deposit of Notes for redemption and instead to declare such Note forthwith due and payable pursuant to Condition 9(c18 (Events of Default), not less than 30 nor more than 45 days’ prior . The Issuer shall have no liability to remedy any defects in any Put Notice or bring any such defects to the first date on which a Put Notice may be delivered and (ii) send notice attention of a Delisting to Noteholders on behalf of the Issuer and otherwise in accordance with Condition 9(e)any Noteholder.

Appears in 1 contract

Samples: Domestic Medium Term Note Programme

Redemption at the Option of the Noteholders. Each If a Put Event occurs, then the Noteholders shall have the option (a “Put Option”) within 30 calendar days of a Put Event Notice (as defined below) being given to the Noteholders (the “Exercise Period”) to give to the Issuer through a Paying Agent will keep a stock Put Notice (as defined below) requiring the Issuer to redeem or purchase Notes held by such Noteholder on the Put Event Redemption Date. The Issuer will, on such Put Event Redemption Date, redeem or repurchase at their principal amount outstanding, all, but not part only, of put notices for the purposes Notes which are the subject of Conditions 9(cthe Put Notice, together with interest accrued and unpaid to but excluding the Put Event Redemption Date. Promptly (and in any event within 45 calendar days) upon the Issuer becoming aware that a Put Event has occurred, the Issuer shall give notice (a “Put Event Notice”) to the Principal Paying Agent and 9(eto the Noteholders in accordance with Condition 13 (Notices), which notice shall (i) refer specifically to this Condition 8.3, (ii) describe in reasonable detail the event or circumstances resulting in the Put Event, (iii) specify the Put Event Redemption Date and (iv) offer to redeem or purchase, on the Put Event Redemption Date, all Notes at their principal amount together with interest accrued thereon to the Put Event Redemption Date. For so long as the Notes are listed on the regulated market of the Irish Stock Exchange and the rules of such exchange so require, the Issuer shall also notify the Irish Stock Exchange promptly of any Put Event. The Issuer shall redeem or purchase on the Put Event Redemption Date all of the Notes held by Noteholders that require the redemption at the price specified above. If any holder does not require early redemption during the Exercise Period, such holder shall be deemed to have waived its rights under this Condition 8.3 to require early redemption of all Notes held by such holder in respect of such Put Event but not in respect of any subsequent Put Event. To exercise the Put Option, the holder of the Notes must deliver at the Specified Office of any Paying Agent, on any Business Day during the Exercise Period, a duly signed and completed notice of exercise in the form similar (for the time being current and which may, if such Notes are held in a clearing system, be in any form acceptable to that set out such clearing system and may be delivered in Schedule 4 and will make them available on demand any manner acceptable to Noteholders. The such clearing system) obtainable from the Specified Office of any Paying Agent with (a “Put Notice”) and in which a Certificate is deposited pursuant to the Conditions shall hold such Certificate on behalf of the depositing Noteholder (but shall not, save as provided below, release it without the prior written consent of the Issuer) until the due date for redemption of the Notes in respect of which it is deposited. On that date, subject as provided below, the relevant Paying Agent shall surrender such Certificate to itself and treat it as if surrendered by the holder in accordance with the Conditions and (in the case of the Global Certificate) endorse the Schedule must specify a bank account to such Global Certificate with the principal amount of Notes which payment is to be redeemed and the principal amount of made under this Condition 8.3 accompanied by such Notes remaining after such redemption. If the Note (or Notes) evidenced by the deposited Certificate becomes (or become) immediately due and payable before that date, evidence satisfactory to the Paying Agent concerned shall mail that such Certificate by uninsured post toNotes will, and at following the risk of, the relevant Noteholder at the address shown for the Noteholder on the register of Noteholders as supplied by the Registrar. At the end delivery of the period Put Notice, be held to its order or under its control. Upon delivery of a Put Notice and up to and including the Put Event Redemption Date, no transfer of title to the Notes for exercising which the Put Option has been delivered will be allowed. A Put Notice given by a holder of any Note shall be irrevocable except where, prior to the Put Event Redemption Date, an Event of Default has occurred and is continuing in which event such holder, at its option, each Paying Agent shall promptly notify the Principal Agent of the principal amount of Notes in respect of which Put Notices and/or Delisting Put Notices (as the case may be) have been deposited with it and will forward such Put Notices and/or Delisting Put Notices (as the case may be) to the Principal Agent. The Principal Agent shall promptly notify such information, and details of the principal amount of Notes represented elect by the Global Certificate in respect of which the option has been exercised, notice to the Issuer and to withdraw the Trustee. The Principal Agent will, at the expense of the Issuer, (i) send notice of the commencement of the period for the deposit of Notes for redemption pursuant to Condition 9(c), not less than 30 nor more than 45 days’ prior to the first date on which a Put Notice may be delivered and (ii) send notice of a Delisting to Noteholders on behalf of the Issuer and otherwise in accordance with Condition 9(e)Notice.

Appears in 1 contract

Samples: Fiscal Agency Agreement

AutoNDA by SimpleDocs

Redemption at the Option of the Noteholders. Each If a Put Event occurs, then the Noteholders shall have the option (a “Put Option”) within 30 Business Days of a Put Event Notice (as defined below) being given to the Noteholders (the “Exercise Period”) to give to the Issuer through a Paying Agent will keep a stock Put Notice (as defined below) requiring the Issuer to redeem or purchase Notes held by such Noteholder on the Put Event Redemption Date (as defined below). The Issuer will, on such Put Event Redemption Date, redeem or repurchase at their principal amount outstanding, all, but not part only, of put notices for the purposes Notes which are the subject of Conditions 9(cthe Put Notice, together with interest accrued and unpaid to but excluding the Put Event Redemption Date. Promptly upon the Issuer becoming aware that a Put Event has occurred, the Issuer shall give notice (a “Put Event Notice”) to the Noteholders in accordance with Condition 13 (Notices), which notice shall (i) refer specifically to this Condition 8.3, (ii) describe in reasonable detail the event or circumstances resulting in the Put Event, (iii) specify the Put Event Redemption Date and 9(e(iv) offer to redeem or purchase, on the Put Event Redemption Date, all Notes at their principal amount together with interest accrued thereon to the Put Event Redemption Date. For so long as the Notes are listed on the regulated market of Euronext Dublin and the rules of such exchange so require, the Issuer shall also notify Euronext Dublin promptly of any Put Event. The Issuer shall redeem or purchase on the Put Event Redemption Date all of the Notes held by Noteholders that require the redemption at the price specified above. If any Noteholder does not require early redemption during the Exercise Period, such Noteholder shall be deemed to have waived its rights under this Condition 8.3 to require early redemption of all Notes held by such Noteholder in respect of such Put Event but not in respect of any subsequent Put Event. To exercise the Put Option provided in this Condition 8.3, the holder of the Notes must deliver at the Specified Office of any Paying Agent, on any Business Day during the Exercise Period, a duly signed and completed notice of exercise in the form similar (for the time being current and which may, if such Notes are held in a clearing system, be in any form acceptable to that set out such clearing system and may be delivered in Schedule 4 and will make them available on demand any manner acceptable to Noteholders. The such clearing system) obtainable from the Specified Office of any Paying Agent with (a “Put Notice”) and in which a Certificate is deposited pursuant to the Conditions shall hold such Certificate on behalf of the depositing Noteholder (but shall not, save as provided below, release it without the prior written consent of the Issuer) until the due date for redemption of the Notes in respect of which it is deposited. On that date, subject as provided below, the relevant Paying Agent shall surrender such Certificate to itself and treat it as if surrendered by the holder in accordance with the Conditions and (in the case of the Global Certificate) endorse the Schedule must specify a bank account to such Global Certificate with the principal amount of Notes which payment is to be redeemed and the principal amount of made under this Condition 8.3 accompanied by such Notes remaining after such redemption. If the Note (or Notes) evidenced by the deposited Certificate becomes (or become) immediately due and payable before that date, evidence satisfactory to the Paying Agent concerned shall mail that such Certificate by uninsured post toNotes will, and at following the risk of, the relevant Noteholder at the address shown for the Noteholder on the register of Noteholders as supplied by the Registrar. At the end delivery of the period Put Notice, be held to its order or under its control. Upon delivery of a Put Notice and up to and including the Put Event Redemption Date, no transfer of title to the Notes for exercising which the Put Option has been delivered will be allowed. A Put Notice given by a holder of any Note shall be irrevocable except where, prior to the Put Event Redemption Date, an Event of Default has occurred and is continuing in which event such holder, at its option, each Paying Agent shall promptly notify the Principal Agent of the principal amount of Notes in respect of which Put Notices and/or Delisting Put Notices (as the case may be) have been deposited with it and will forward such Put Notices and/or Delisting Put Notices (as the case may be) to the Principal Agent. The Principal Agent shall promptly notify such information, and details of the principal amount of Notes represented elect by the Global Certificate in respect of which the option has been exercised, notice to the Issuer and to withdraw the Trustee. The Principal Agent will, at the expense of the Issuer, (i) send notice of the commencement of the period for the deposit of Notes for redemption pursuant to Condition 9(c), not less than 30 nor more than 45 days’ prior to the first date on which a Put Notice may be delivered and (ii) send notice of a Delisting to Noteholders on behalf of the Issuer and otherwise in accordance with Condition 9(e)Notice.

Appears in 1 contract

Samples: Supplemental Fiscal Agency Agreement

Redemption at the Option of the Noteholders. Each Paying Agent will keep Within 14 days following the occurrence of a stock Put Event, the Issuer shall give notice thereof to the Commissioner and the Noteholders in accordance with Condition 16 (a “Put Event Notice”). Such notice shall contain a statement informing Noteholders of put notices their entitlement to exercise their rights to require redemption of their Notes pursuant to this Condition 10(c). The Put Event Notice shall also specify: (A) the Value of the pro rata share of the Exchange Property attributable to each U.S.$200,000 principal amount of the Notes as at the last practicable date prior to the publication of the Put Event Notice; (B) the last day of the Put Event Period; (C) the Put Date; (D) the Make-whole Amount (if any): (E) in the case of a Put Event which is a Change of Control and where the Issuer determines to exercise the Share Redemption Option, that the Share Redemption Option is being exercised in respect of any Notes to be redeemed at the election of holders pursuant to Condition 10(b) (and in the event that the Issuer does so specify, the Put Event Notice shall for the purposes of Conditions 9(cCondition 10(g) and 9(ebe deemed to constitute a Share Redemption Option Notice); and (F) in the form similar to that set out in Schedule 4 and will make them available on demand to Noteholders. The Paying Agent with which a Certificate is deposited pursuant such other information relating to the Conditions shall hold such Certificate Put Event as the Issuer determines. Following the occurrence of a Put Event, the holder of each Note will have the right to require the Issuer to redeem that Note on behalf of the depositing Noteholder Put Date at its principal amount, together with accrued and unpaid interest up to (but shall not, save as provided below, release it without the prior written consent of the Issuerexcluding) until the due date for redemption of the Notes in respect of which it is deposited. On that such date, subject as provided below, the relevant Paying Agent shall surrender such Certificate to itself and treat it as if surrendered by the holder in accordance with the Conditions and (that in the case of the Global Certificate) endorse the Schedule to such Global Certificate with the principal amount of Notes to be redeemed and the principal amount of Notes remaining after such redemption. If the Note (or Notes) evidenced by the deposited Certificate becomes (or become) immediately due and payable before that datea Put Event which is an Exchange Property Event, the Paying Agent concerned Issuer shall mail such Certificate by uninsured post to, and redeem the relevant Note at the risk greater of, the relevant Noteholder at the address shown for the Noteholder on the register of Noteholders as supplied by the Registrar. At the end of the period for exercising the option, each Paying Agent shall promptly notify the Principal Agent of the principal amount of Notes in respect of which Put Notices and/or Delisting Put Notices (as the case may be) have been deposited with it and will forward such Put Notices and/or Delisting Put Notices (as the case may be) to the Principal Agent. The Principal Agent shall promptly notify such information, and details of the principal amount of Notes represented by the Global Certificate in respect of which the option has been exercised, to the Issuer and the Trustee. The Principal Agent will, at the expense of the Issuer, (i) send notice of the commencement of the period for the deposit of Notes for redemption pursuant to Condition 9(c), not less than 30 nor more than 45 days’ prior to the first date on which a Put Notice may be delivered and (ii) send notice of a Delisting to Noteholders on behalf of the Issuer and otherwise in accordance with Condition 9(e).:

Appears in 1 contract

Samples: Fiscal Agency Agreement (Abengoa, S.A.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!