Common use of Redemption Date Clause in Contracts

Redemption Date. In case less than all the outstanding Depositary Shares are to be redeemed, the Depositary Shares to be so redeemed shall be selected by lot, pro rata or such other method as may be determined by the Depositary to be equitable. Notice having been mailed by the Depositary as aforesaid, from and after the Redemption Date (unless the Company shall have failed to redeem the shares of Stock to be redeemed by it as set forth in the Company's notice provided for in the preceding paragraph) all dividends in respect of the Depositary Shares so called for redemption shall cease to accrue and accumulate, the Depositary Shares being redeemed from such proceeds shall be deemed no longer to be outstanding, all rights of the holders of Receipts evidencing such Depositary Shares (except the right to receive the redemption price) shall, to the extent of such Depositary Shares, cease and terminate and, upon surrender in accordance with such notice of the Receipts evidencing any such Depositary Shares (properly endorsed or assigned for transfer, if the Depositary shall so require), such Depositary Shares shall be redeemed by the Depositary at a redemption price per Depositary Share equal to the proportionate part of the redemption price per share paid in respect of the shares of Stock plus all money and other property, if any, paid with respect to such Depositary Shares, including all amounts paid by the Company in respect of dividends which on the Redemption Date have accumulated on the shares of Stock to be so redeemed and have not theretofore been paid. If less than all the Depositary Shares evidenced by a Receipt are called for redemption, the Depositary will deliver to the holder of such Receipt upon its surrender to the Depositary, together with the redemption payment, a new Receipt evidencing the Depositary Shares evidenced by such prior Receipt and not called for redemption.

Redemption Date. In case less fewer than all the outstanding Depositary Shares are to be redeemed, the Depositary Shares to be so redeemed shall be selected by lot, lot or pro rata or such by any other substantially equivalent method as may be determined by the Depositary to be equitablewith the approval of the Company. Notice having been mailed by the Depositary as aforesaid, from and after the Redemption Date (unless the Company shall have failed to redeem the shares of Stock to be redeemed by it as set forth in the Company's notice provided for in the preceding paragraph) all dividends in respect of the Depositary Shares so shares of Stock called for redemption shall cease to accrue and accumulateaccrue, the Depositary Shares being redeemed from such proceeds called for redemption shall be deemed no longer to be outstanding, outstanding and all rights of the holders of Receipts evidencing such Depositary Shares (except the right to receive the redemption price) shall, to the extent of such Depositary Shares, cease and terminate and, upon terminate. Upon surrender in accordance with such said notice of the Receipts evidencing any such Depositary Shares (properly endorsed or assigned for transfer, if the Depositary shall so require), such Depositary Shares shall be redeemed by the Depositary at a redemption price per Depositary Share equal to the proportionate part of [specify fraction] times the redemption price per share paid in respect of the shares of Stock pursuant to the Certificate plus all money and other property, if any, paid with respect to represented by such Depositary Shares, including all amounts paid by the Company in respect of dividends which that on the Redemption Date have accumulated accrued on the shares of Stock to be so redeemed and that have not theretofore been paid. The foregoing shall be subject further to the terms and conditions of the Certificate. If less fewer than all of the Depositary Shares evidenced by a Receipt are called for redemption, the Depositary will shall deliver to the holder of such Receipt upon its surrender to the Depositary, together with payment of the redemption paymentprice for the Depositary Shares called for redemption, a new Receipt evidencing the Depositary Shares evidenced by such prior Receipt and not called for redemption. Except as provided in the preceding paragraph of this Section 2.07, the Depositary shall not be required to transfer or exchange for another Receipt any Receipt evidencing Depositary Shares called or being called for redemption in whole or in part. The Depositary shall remit to the Company any funds deposited by or for the account of the Company for the purpose of redeeming any Depositary Shares that the holders thereof have failed to redeem after two years from the date of such deposit, without further action necessary on the part of the Company.

Redemption Date. In case less than The Issuer shall pay interest on this Note on each Distribution Date until the principal of this Note is paid or made available for payment on the principal amount of this Note outstanding on the preceding Distribution Date (after giving effect to all payments of principal made on the preceding Distribution Date (or, for the initial Distribution Date, the outstanding Depositary Shares are principal balance on the Closing Date)). Interest on the Class [o] Notes will accrue from and including the Closing Date, and will be payable on each Distribution Date in an amount equal to the Noteholders' Interest Distributable Amount for such Distribution Date for the Class [o] Notes. Interest will be redeemedcomputed on the basis of actual number of days elapsed from and including the prior Distribution Date (or, in the Depositary Shares to be so redeemed shall be selected by lot, pro rata or such other method as may be determined by case of the Depositary to be equitable. Notice having been mailed by the Depositary as aforesaidfirst Distribution Date, from and after including the Redemption Closing Date) to but excluding the current Distribution Date (unless the Company and a 360-day year. Such principal of and interest on this Note shall have failed to redeem the shares of Stock to be redeemed by it as set forth paid in the Company's notice provided for manner specified on the reverse hereof. All interest payments on each class of Notes on any Distribution Date shall be made pro rata to the Noteholders of such class entitled thereto. The principal of and interest on this Note are payable in the preceding paragraph) all dividends in respect such coin or currency of the Depositary Shares so called United States of America which, at the time of payment, is legal tender for redemption shall cease to accrue payment of public and accumulate, the Depositary Shares being redeemed from such proceeds shall be deemed no longer to be outstanding, all rights of the holders of Receipts evidencing such Depositary Shares (except the right to receive the redemption price) shall, to the extent of such Depositary Shares, cease and terminate and, upon surrender in accordance with such notice of the Receipts evidencing any such Depositary Shares (properly endorsed or assigned for transfer, if the Depositary shall so require), such Depositary Shares shall be redeemed private debts. All payments made by the Depositary at a redemption price per Depositary Share equal to the proportionate part of the redemption price per share paid in respect of the shares of Stock plus all money and other property, if any, paid Issuer with respect to such Depositary Sharesthis Note shall be applied first to interest due and payable on this Note as provided above and then to the unpaid principal of this Note. Reference is made to the further provisions of this Note set forth on the reverse hereof, including all amounts paid which shall have the same effect as though fully set forth on the face of this Note. Unless the certificate of authentication hereon has been executed by the Company in respect of dividends which Indenture Trustee whose name appears below by manual signature, this Note shall not be entitled to any benefit under the Indenture referred to on the Redemption Date have accumulated on the shares of Stock to reverse hereof or be so redeemed and have not theretofore been paid. If less than all the Depositary Shares evidenced by a Receipt are called valid or obligatory for redemption, the Depositary will deliver to the holder of such Receipt upon its surrender to the Depositary, together with the redemption payment, a new Receipt evidencing the Depositary Shares evidenced by such prior Receipt and not called for redemptionany purpose.

Redemption Date. In case the event of redemption of this Note in part only, a new Note or Notes for the unredeemed portion hereof will be issued to the Holder hereof upon the cancellation hereof. If so specified on the face hereof or in the pricing supplement attached hereto or delivered herewith, this Note will be repayable prior to Maturity at the option of the Holder on the Optional Repayment Dates shown on the face hereof or in the pricing supplement attached hereto or delivered herewith at the Optional Repayment Prices shown on the face hereof or in the pricing supplement attached hereto or delivered herewith, together with interest accrued to the date of repayment. In order for this Note to be repaid, the Trustee must receive at least 30 but not more than 45 days prior to an Optional Repayment Date (i) this Note with the form below entitled "Option to Elect Repayment" duly completed, or (ii) a telegram, telex, facsimile transmission or letter from a member of a national securities exchange or the National Association of Securities Dealers, Inc. or a commercial bank or trust company in the United States of America setting forth the name of the Holder of this Note, the principal amount of the Note to be repaid, the certificate number or a description of the tenor and terms of this Note, a statement that the option to elect repayment is being exercised hereby and a guarantee that this Note with the form below entitled "Option to Elect Repayment" duly completed will be received by the Trustee not later than five Business Days after the date of such telegram, telex, facsimile transmission or letter. If the guarantee procedure described in clause (ii) of the preceding sentence is followed, this Note with form duly completed must be received by the Trustee by such fifth Business Day. Any tender of this Note for repayment (except pursuant to a Reset Notice or an Extension Notice) shall be irrevocable. The repayment option may be exercised by the Holder of this Note for less than all the entire principal amount of the Note, provided, that the principal amount of this Note remaining outstanding Depositary Shares are after repayment is an authorized denomination. Upon such partial repayment, this Note shall be canceled and a new Note or Notes for the remaining principal amount hereof shall be issued in the name of the Holder of this Note. Unless otherwise specified on the face hereof or in the pricing supplement attached hereto or delivered herewith, this Note will not be subject to be redeemedany sinking fund. Notwithstanding anything herein to the contrary, if this Note is an OID Note (other than an Indexed Note), the Depositary Shares amount payable in the event of redemption or repayment prior to be so redeemed the Stated Maturity hereof (other than pursuant to an optional redemption by the Company at a stated Redemption Price) shall be selected by lotthe Amortized Face Amount of this Note as of the redemption date or the date of repayment, pro rata or such other method as the case may be. The Amortized Face Amount of this Note on any date shall be determined by the Depositary amount equal to be equitable. Notice having been mailed by (i) the Depositary as aforesaid, from and after the Redemption Date (unless the Company shall have failed to redeem the shares of Stock to be redeemed by it as Issue Price set forth on the face hereof or in the Company's notice provided for pricing supplement attached hereto or delivered herewith plus (ii) that portion of the difference between such Issue Price and the stated principal amount of such Note that has accrued by such date at (x) the Bond Yield to Maturity set forth on the face hereof or in the preceding paragraphpricing supplement attached hereto or delivered herewith or (y) all dividends in respect of the Depositary Shares if so called for redemption shall cease to accrue and accumulatespecified, the Depositary Shares being redeemed from such proceeds shall be deemed no longer Bond Yield to be outstanding, all rights of Call set forth on the holders of Receipts evidencing such Depositary Shares face hereof or in the pricing supplement attached hereto or delivered herewith (except the right to receive the redemption price) shall, to the extent of such Depositary Shares, cease and terminate and, upon surrender computed in each case in accordance with such notice generally accepted United States bond yield computation principles), provided, however, that in no event shall the Amortized Face Amount of a Note exceed its stated principal amount. The Bond Yield to Call listed on the face of this Note or in the pricing supplement attached hereto or delivered herewith shall be computed on the basis of the Receipts evidencing any such Depositary Shares (properly endorsed or assigned for transfer, if the Depositary shall so require), such Depositary Shares shall be redeemed by the Depositary at a redemption price per Depositary Share equal to the proportionate part of the redemption price per share paid in respect of the shares of Stock plus all money and other property, if any, paid first occurring Optional Redemption Date with respect to such Depositary SharesNote and the amount payable on such Optional Redemption Date. In the event that such Note is not redeemed on such first occurring Optional Redemption Date, including all amounts paid the Bond Yield to Call with respect to such Note shall be recomputed on such Optional Redemption Date on the basis of the next occurring Optional Redemption Date and the amount payable on such Optional Redemption Date, and shall continue to be so recomputed on each succeeding Optional Redemption Date until the Note is so redeemed. The Company may at any time purchase Notes at any price in the open market or otherwise. Notes so purchased by the Company in respect may, at the discretion of dividends which on the Redemption Date have accumulated on the shares of Stock to Company, be so redeemed and have not theretofore been paid. If less than all the Depositary Shares evidenced by a Receipt are called for redemption, the Depositary will deliver held or resold or surrendered to the holder of Trustee for such Receipt upon its surrender to the Depositary, together with the redemption payment, a new Receipt evidencing the Depositary Shares evidenced by such prior Receipt and not called Notes for redemptioncancellation.

Redemption Date. In case less than all the outstanding Depositary Shares are to event of redemption of this Security in part only, a new Security or Securities of this series for the unredeemed portion hereof will be redeemedissued in the name of the Holder hereof upon the cancellation hereof. If a Change of Control Triggering Event occurs, the Depositary Shares to be so redeemed shall be selected by lot, pro rata or such other method as may be determined by the Depositary to be equitable. Notice having been mailed by the Depositary as aforesaid, from and after the Redemption Date (unless the Company shall have failed has exercised its right to redeem the shares Securities in full, the Company will make an offer to each Holder (the “Change of Stock Control Offer”) to be redeemed by it as set forth repurchase any and all of such Holder’s Securities at a repurchase price in cash equal to 101% of the aggregate principal amount of the Securities repurchased plus accrued and unpaid interest, if any, thereon, to the date of repurchase (the “Change of Control Payment”). Within 30 days following any Change of Control Triggering Event, the Company will mail a notice to Holders of Securities describing the transaction or transactions that constitute the Change of Control Triggering Event and offering to repurchase the Securities on the date specified in the Company's notice, which date will be no less than 30 days and no more than 60 days from the date such notice provided for is mailed (the “Change of Control Payment Date”), pursuant to the procedures required hereby and described in such notice. The Company will comply with the requirements of Rule 14e-1 under the Securities Exchange Act of 1934, as amended (the “Exchange Act”), and any other securities laws and regulations thereunder to the extent those laws and regulations are applicable in connection with the repurchase of the Securities as a result of a Change of Control Triggering Event. To the extent that the provisions of any securities laws or regulations conflict with the Change of Control repurchase provisions of the Securities, the Company will comply with the applicable securities laws and regulations and will not be deemed to have breached its obligations under the Change of Control repurchase provisions of the Securities by virtue of such conflicts. The Company will not be required to offer to repurchase the Securities upon the occurrence of a Change of Control Triggering Event if a third party makes such an offer in the preceding paragraph) manner, at the times and otherwise in compliance with the requirements for an offer made by the Company and the third party repurchases on the applicable date all dividends in respect Securities properly tendered and not withdrawn under its offer; provided that for all purposes of the Depositary Shares so called for redemption Securities and the Indenture, a failure by such third party to comply with the requirements of such offer and to complete such offer shall cease be treated as a failure by the Company to accrue comply with its obligations to offer to purchase the Securities unless the Company promptly makes an offer to repurchase the Securities at 101% of the principal amount thereof plus accrued and accumulateunpaid interest, if any, thereon, to the date of repurchase, which shall be no later than 30 days after the third party’s scheduled Change of Control Payment Date. On the Change of Control Payment Date, the Depositary Shares being redeemed from such proceeds shall be deemed no longer to be outstanding, all rights of the holders of Receipts evidencing such Depositary Shares (except the right to receive the redemption price) shallCompany will, to the extent lawful: · accept or cause a third party to accept for payment all Securities properly tendered pursuant to the Change of such Depositary Shares, cease and terminate and, upon surrender in accordance Control Offer; · deposit or cause a third party to deposit with such notice of the Receipts evidencing any such Depositary Shares (properly endorsed or assigned for transfer, if the Depositary shall so require), such Depositary Shares shall be redeemed by the Depositary at a redemption price per Depositary Share paying agent an amount equal to the proportionate part Change of the redemption price per share paid Control Payment in respect of the shares of Stock plus all money Securities properly tendered; and other property, if any, paid with respect to such Depositary Shares, including all amounts paid by the Company in respect of dividends which on the Redemption Date have accumulated on the shares of Stock · deliver or cause to be so redeemed and have not theretofore been paid. If less than all the Depositary Shares evidenced by a Receipt are called for redemption, the Depositary will deliver delivered to the holder of such Receipt upon its surrender to Trustee the DepositarySecurities properly accepted, together with an officer’s certificate stating the redemption payment, a new Receipt evidencing the Depositary Shares evidenced by such prior Receipt and not called for redemptionprincipal amount of Securities being purchased.

Redemption Date. In case less If fewer than all the outstanding Depositary Shares Notes are to be redeemed, the Depositary Shares Trustee will select the Notes to be so redeemed shall be selected by lot, pro rata lot or such other method as the Trustee may be determined by the Depositary to be equitabledeem fair and appropriate. Notice having been mailed by of redemption shall be given to the Depositary as aforesaid, from and after the Redemption Date (unless the Company shall have failed to redeem the shares Holders of Stock Notes to be redeemed by it mailing a notice of such redemption not less than 30 or more than 60 days prior to the Redemption Date at their addresses as set forth they shall appear on the Note Register, all as provided in the Company's notice provided for in the preceding paragraphIndenture. If this Note (or a portion hereof) all dividends in respect of the Depositary Shares so is duly called for redemption and funds for payment are duly provided, this Note (or such portion hereof) shall cease to accrue bear interest from and accumulate, the Depositary Shares being redeemed from after such proceeds shall be deemed no longer to be outstanding, all rights of the holders of Receipts evidencing such Depositary Shares (except the right to receive the redemption price) shall, to the extent of such Depositary Shares, cease and terminate and, upon surrender in accordance with such notice of the Receipts evidencing any such Depositary Shares (properly endorsed or assigned for transfer, if the Depositary shall so require), such Depositary Shares shall be redeemed by the Depositary at a redemption price per Depositary Share equal to the proportionate part of the redemption price per share paid in respect of the shares of Stock plus all money and other property, if any, paid with respect to such Depositary Shares, including all amounts paid by the Company in respect of dividends which Redemption Date. Interest installments whose Stated Maturity is on the Redemption Date have accumulated will be payable to the Holders of such Notes, or one or more Predecessor Notes, of record at the close of business on the shares relevant Regular Record Date referred to on the face hereof, all as provided in the Indenture. In the event of Stock to be so redeemed and have not theretofore been paid. If less than all the Depositary Shares evidenced by a Receipt are called for redemption, the Depositary will deliver to the holder redemption or repayment of such Receipt upon its surrender to the Depositary, together with the redemption paymentthis Note in part only, a new Receipt evidencing Note or Notes for the Depositary Shares evidenced unredeemed or unrepaid portion hereof shall be issued in the name of the Holder hereof upon the surrender hereof. Except as may be provided in the Indenture, if an Event of Default with respect to the Notes shall occur and be continuing, the Trustee or the Holders of not less than 25% in aggregate principal amount of the Outstanding Notes may declare the principal of all the Notes due and payable in the manner and with the effect provided in the Indenture. The Indenture provides that such declaration and its consequences may, in certain events, be annulled by the Holders of a majority in aggregate principal amount of the Outstanding Notes. The Indenture contains provisions for (i) defeasance at any time of the entire indebtedness of the Company on this Note and (ii) discharge from certain restrictive covenants and the related Defaults and Events of Default, upon compliance by the Company with certain conditions set forth therein, which provisions apply to this Note. The Indenture permits, with certain exceptions as therein provided, the amendment thereof and the modification of the rights and obligations of the Company and the rights of the Holders of the Notes under the Indenture at any time by the Company and the Trustee with the consent of the Holders of a majority in aggregate principal amount of the Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof, whether or not notation of such consent or waiver is made upon this Note. Without the consent of any Holder, the Company and the Trustee may amend or supplement the Indenture or the Notes to cure any ambiguity, defect or inconsistency, to provide for uncertificated Notes in addition to or in place of certificated Notes and to make certain other specified changes and other changes that do not adversely affect the interests of any Holder. No reference herein to the Indenture and no provisions of this Note or of the Indenture shall alter or impair the obligation of the Company, which is absolute and unconditional, to pay the principal of and interest on this Note at the times, places and rate, and in the coin or currency, herein prescribed. As provided in the Indenture and subject to certain limitations therein set forth, the transfer of this Note may be registered on the Note Register of the Company, upon surrender of this Note for registration of transfer at the Office or Agency of the Company maintained for such purpose pursuant to the Indenture, duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Company and the Note Registrar, and duly executed by the Holder hereof or such Holder's attorney duly authorized in writing, and thereupon one or more new Notes, of authorized denominations and for the same aggregate principal amount, will be issued to the designated transferee or transferees. The Notes are issuable only in registered form, without coupons, in denominations of $1,000 or any amount in excess thereof which is an integral multiple of $1,000. As provided in the Indenture, and subject to certain limitations therein set forth, the Notes are exchangeable for a like aggregate principal amount of Notes in authorized denominations, as requested by the Holder surrendering the same. No service charge shall be made for any such registration of transfer or exchange, but the Company may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection therewith. A director, officer, employee, incorporator, shareholder or Affiliate of the Company, as such, past, present or future shall not have any personal liability under this Note or the Indenture by reason of his or its status as such director, officer, employee, incorporator, shareholder or Affiliate, or any liability for any obligations of the Company under the Notes or the Indenture or for any claim based on, in respect of, or by reason of such obligations or their creation. Each Holder, by accepting this Note, waives and releases all such liability. Such waiver and release are part of the consideration for the issuance of this Note. Prior to the due presentment of this Note for registration of transfer or exchange, the Company, the Trustee and any agent of the Company or the Trustee may treat the Person in whose name this Note is registered as the owner hereof for all purposes, whether or not this Note be overdue, and neither the Company, the Trustee, nor any such agent shall be affected by notice to the contrary. Each Holder of a Note covenants and agrees by such prior Receipt Holder's acceptance thereof to comply with and not called for redemption.be bound by the foregoing provisions. All terms used in this Note which are defined in the Indenture shall have the meanings assigned to them in the Indenture. The Company will furnish to any Holder upon written request and without charge a copy of the Indenture. Requests may be made to the Company at 200 Xxxxx Xxxxx Xxxxxx, Xxxxxxx, Xxxxxxxxxxx 00000. Pursuant to a recommendation promulgated by the Committee on Uniform Security Identification Procedures, the Company has caused CUSIP numbers to be printed on the Notes as a convenience to the Holders thereof. No representation is made as to the accuracy of such numbers as printed on the Notes and reliance may be placed only on the other identifying information printed hereon. Interest on this Note shall be computed on the basis of a 360-day year comprised of twelve 30-day months. This Note shall be governed by and construed in accordance with the laws of the State of New York. SECTION 204. FORM OF TRUSTEE'S CERTIFICATE OF AUTHENTICATION. Subject to Section 612, the Trustee's certificate of authentication shall be in substantially the following form: This is one of the Notes referred to in the within mentioned Indenture. Authentication Date: AMERICAN STOCK TRANSFER & --------------- TRUST COMPANY, as Trustee By -------------------------------------- Authorized Signatory ARTICLE THREE THE NOTES