Common use of Redemption Notice Clause in Contracts

Redemption Notice. In respect of any Redemption of the Equipment Notes to be made out of amounts available for such purposes, the Indenture Trustee will give a Redemption Notice to each holder of the Equipment Notes to be redeemed, provided that the Indenture Trustee shall have determined in advance of giving any such Redemption Notice that funds are or will, on the Redemption Date, be available therefor. Such Redemption Notice will be given at least twenty (20) days but not more than sixty (60) days before such Redemption Date. Each Redemption Notice will state (i) the applicable Redemption Date, (ii) if a Redemption in part, the portion of the Outstanding Principal Balance of the Equipment Notes that is to be redeemed (and in respect thereof, the Redemption Price will be distributed to the Holders pro rata in the same manner as partial repayments of principal on the Equipment Notes made pursuant to the Flow of Funds and the Indenture Trustee’s notice shall contain information to that effect), (iii) the Indenture Trustee’s arrangements for making payments due on the Redemption Date, (iv) the Redemption Price of the Equipment Notes to be redeemed, (v) for an Optional Redemption in whole, that the Equipment Notes to be redeemed must be surrendered (which action may be taken by any Holder of the Equipment Notes or its authorized agent) to the Indenture Trustee to collect the Redemption Price on such Equipment Notes and (vi) that, unless the Issuer defaults in the payment of the Redemption Price, if any, interest on the portion of the Outstanding Principal Balance of the Equipment Notes called for Redemption will cease to accrue on and after the Redemption Date.

Redemption Notice. In respect of any Optional Redemption of the Equipment Notes to be made out of amounts available for such purposes, the Indenture Trustee will give a Redemption Notice to each holder of the Equipment Notes to be redeemed, provided that the Indenture Trustee shall have determined in advance of giving any such Redemption Notice that funds are or will, on the Redemption Date, be available therefor. Such Redemption Notice will be given at least twenty (20) days but not more than sixty (60) days before such Redemption Date. Each Redemption Notice will state (i) the applicable Redemption Date, (ii) if a an Optional Redemption in part, the portion of the Outstanding Principal Balance of the Equipment Notes that is to be redeemed (and in respect thereof, the Redemption Price will be distributed to the Holders pro rata in the same manner as partial repayments of principal on the Equipment Notes made pursuant to the Flow of Funds and the Indenture Trustee’s notice shall contain information to that effect), (iii) the Indenture Trustee’s arrangements for making payments due on the Redemption Date, (iv) the Redemption Price of the Equipment Notes to be redeemed, (v) for an Optional Redemption in whole, that the Equipment Notes to be redeemed must be surrendered (which action may be taken by any Holder of the Equipment Notes or its authorized agent) to the Indenture Trustee to collect the Redemption Price on such Equipment Notes and (vi) that, unless the Issuer defaults in the payment of the Redemption Price, if any, interest on the portion of the Outstanding Principal Balance of the Equipment Notes called for Redemption redemption will cease to accrue on and after the Redemption Date.

Redemption Notice. In respect of any Optional Redemption of the Equipment any Series or Class of Notes to be made out of amounts available for such purposes, the Indenture Trustee will give a Redemption Notice to each holder Noteholder of the Equipment Notes to be redeemedredeemed and to each Hedge Provider, provided that the Indenture Trustee shall have determined notified in writing by the Issuer or the Administrator in advance of giving any such Redemption Notice that funds are or will, on the applicable Redemption Date, be available therefor. Such Redemption Notice will must be given at least twenty ten (2010) days but not more than sixty (60) days before such Redemption Date. Each Redemption Notice will must state (i) the applicable Redemption Date, (ii) the Notes being redeemed (which may be some or all of a Series or Class, as permitted by Section 3.12 and any applicable Series Supplement) and, if a Redemption in partapplicable, the portion of the Outstanding Principal Balance of the Equipment such Notes that is to be redeemed (and in respect thereof, the Redemption Price (less an amount equal to any portion thereof payable to the applicable Hedge Provider) will be distributed to the Holders Noteholders of the applicable Notes pro rata in the same manner as partial repayments of principal on the Equipment Notes made pursuant to the Flow of Funds and the Indenture Trustee’s notice shall contain information to that effect), (iii) the Indenture Trustee’s arrangements for making payments due on the Redemption Date, (iv) the Redemption Price of the Equipment Notes to be redeemed, including a description of the portion thereof, if applicable, that is payable to the applicable Hedge Provider (v) for an Optional Redemption in wholeof an entire Class or Series of Notes or of all Outstanding Notes, that the Equipment Notes to be redeemed must be surrendered (which action may be taken by any Holder Noteholder of the Equipment Notes or its authorized agent) to the Indenture Trustee to collect the Redemption Price on such Equipment Notes (less an amount equal to any portion thereof payable to the applicable Hedge Provider), and (vi) that, unless the Issuer defaults in the payment of the Redemption Price, if any, interest on the portion of the Outstanding Principal Balance of the Equipment Notes called for Redemption redemption will cease to accrue on and after the Redemption Date.

Redemption Notice. In respect of any Redemption of the Equipment Notes to be made out of amounts available for such purposes, the Indenture Trustee will give a Redemption Notice to each holder of the Equipment Notes to be redeemed, provided that the Indenture Trustee shall have determined in advance of giving any such Redemption Notice that funds are or will, on the Redemption Date, be available therefor. Such Redemption Notice will be given at At least twenty ten (2010) days but not more than sixty (60) days before prior to the redemption date of any principal amount of the Series 2019 Bond to be redeemed, the Trustee shall cause a notice of any such Redemption Dateredemption signed by the Trustee to be mailed, first class, postage prepaid, to the Owner of the Series 2019 Bond (unless otherwise waived by the Owner of the Series 2019 Bond). A copy of such notice shall also be given by first class mail, postage prepaid, to the Local Government Commission; provided, however, that failure to give such notice to the Local Government Commission or any defect therein shall not affect the sufficiency of the proceedings for redemption. Each Redemption Notice will state (i) such notice shall set forth the applicable Redemption Date, (ii) if a Redemption in partdesignation and date of the Series 2019 Bond, the portion date fixed for redemption, the principal amounts of the Outstanding Principal Balance of the Equipment Notes that is Series 2019 Bond to be redeemed (and in respect thereofredeemed, the Redemption Price to be paid, the address and phone number of the Trustee and the date of the redemption notice. If the principal installments of the Series 2019 Bond are redeemed in part only, the notice of redemption shall state also that on or after the redemption date, a new Schedule A to the Bond will be distributed provided to the Holders pro rata in Owner of the same manner as partial repayments Series 2019 Bonds reflecting the principal installments so redeemed. Any notice of principal redemption may state that the redemption to be effected is conditioned upon the receipt by the Trustee on or prior to the redemption date of moneys sufficient to pay the redemption price of and interest on the Equipment Notes made pursuant principal installments of the Series 2019 Bond to the Flow of Funds be redeemed and the Indenture Trustee’s that if such moneys are not so received such notice shall contain information to that effect), (iii) the Indenture Trustee’s arrangements for making payments due on the Redemption Date, (iv) the Redemption Price be of no force or effect and such principal installments of the Equipment Notes Series 2019 Bond shall not be required to be redeemed, (v) for an Optional Redemption in whole, . In the event that such notice contains such a condition and moneys sufficient to pay the Equipment Notes redemption price of and interest on such principal installments of the Series 2019 Bond to be redeemed must be surrendered (which action may be taken are not received by any Holder of the Equipment Notes Trustee on or its authorized agent) prior to the Indenture redemption date, the redemption shall not be made, and the Trustee to collect the Redemption Price on such Equipment Notes and (vi) thatshall within a reasonable time thereafter give notice, unless the Issuer defaults in the payment manner in which the notice of the Redemption Priceredemption was given, if any, interest on the portion of the Outstanding Principal Balance of the Equipment Notes called for Redemption will cease to accrue on and after the Redemption Datethat such moneys were not so received.

Redemption Notice. In respect of any Redemption of To call the Equipment Notes to be made out of amounts available for such purposesRedemption, the Indenture Trustee will give Company must send to each Holder (and to any beneficial owner of a Global Note, if required by applicable law) a written notice of such Redemption (a “Redemption Notice”). The Company shall send a Redemption Notice to each holder of the Equipment Notes Trustee and Paying Agent no later than five (5) Business Days prior to be redeemed, provided that when the Indenture Trustee shall have determined in advance of giving any such Redemption Notice that funds are or will, on the Redemption Date, be available thereforis sent to Holders. Such Redemption Notice will be given at least twenty (20) days but not more than sixty (60) days before such Redemption Date. Each Redemption Notice will state must state: (i) that the applicable Notes have been called for Redemption, briefly describing the Company’s Redemption Date, right under the Indenture; (ii) if a Redemption in part, the portion of the Outstanding Principal Balance of the Equipment Notes that is to be redeemed (and in respect thereof, the Redemption Price will be distributed to the Holders pro rata in the same manner as partial repayments of principal on the Equipment Notes made pursuant to the Flow of Funds and the Indenture Trustee’s notice shall contain information to that effect), Date for such Redemption; (iii) the Indenture Trustee’s arrangements Redemption Price per $1,000 principal amount of Notes for making payments due on such Redemption (and, if the Redemption Date is after a Regular Record Date and on or before the next Interest Payment Date, the amount, manner and timing of the interest payment payable pursuant to the proviso to Section 4.03(E)); (iv) the Redemption Price name and address of the Equipment Notes to be redeemed, Paying Agent and the Conversion Agent; (v) that Notes called for an Optional Redemption in whole, that the Equipment Notes to be redeemed must be surrendered (which action may be taken by converted at any Holder time before the Close of Business on the Equipment Notes or its authorized agent) Business Day immediately before the Redemption Date (or, if the Company fails to the Indenture Trustee to collect pay the Redemption Price due on such Equipment Notes and Redemption Date in full, at any time until such time as the Company pays such Redemption Price in full); (vi) that, unless the Issuer defaults Conversion Rate in effect on the Redemption Notice Date for such Redemption; (vii) that Notes called for Redemption must be delivered to the Paying Agent (in the payment case of Physical Notes) or the Depositary Procedures must be complied with (in the case of Global Notes) for the Holder thereof to be entitled to receive the Redemption Price; and (viii) the CUSIP and ISIN numbers, if any, interest on the portion of the Outstanding Principal Balance Notes. On any Redemption Notice Date, the Company will also furnish an Officer’s Certificate to the Trustee, which Officer’s Certificate will set forth the aggregate principal amount of Notes then outstanding, include a copy of the Equipment Notes called for Redemption will cease to accrue Notice delivered by the Company on such Redemption Notice Date, certify that such Redemption is authorized and after permitted by the Redemption DateIndenture and complies with the requirements set forth in Section 13.07 of the Base Indenture concerning Officer’s Certificates.

Redemption Notice. In respect of any Optional Redemption of the any Series or Class of Equipment Notes to be made out of amounts available for such purposes, the Indenture Trustee will give a Redemption Notice to each holder Noteholder of the Equipment Notes to be redeemedredeemed and to each Hedge Provider, provided that the Indenture Trustee shall have determined in advance of giving any such Redemption Notice that funds are or will, on the applicable Redemption Date, be available therefor. Such Redemption Notice will must be given at least twenty (20) days but not more than sixty (60) days before such Redemption Date. Each Redemption Notice will must state (i) the applicable Redemption Date, (ii) the Equipment Notes being redeemed (which may be some or all of a Series or Class, as permitted by the applicable Series Supplement) and, if a Redemption in partapplicable, the portion of the Outstanding Principal Balance of the such Equipment Notes that is to be redeemed (and in respect thereof, the Redemption Price (less an amount equal to any portion thereof payable to the applicable Hedge Provider) will be distributed to the Holders Noteholders of the applicable Equipment Notes pro rata in the same manner as partial repayments of principal on the Equipment Notes made pursuant to the Flow of Funds and the Indenture Trustee’s notice shall contain information to that effect), (iii) the Indenture Trustee’s arrangements for making payments due on the Redemption Date, (iv) the Redemption Price of the Equipment Notes to be redeemed, including a description of the portion thereof, if applicable, that is payable to the applicable Hedge Provider, (v) for an Optional Redemption in wholeof an entire Class or Series of Equipment Notes or of all Outstanding Equipment Notes, that the Equipment Notes to be redeemed must be surrendered (which action may be taken by any Holder Noteholder of the Equipment Notes or its authorized agent) to the Indenture Trustee to collect the Redemption Price on such Equipment Notes (less an amount equal to any portion thereof payable to the applicable Hedge Provider), and (vi) that, unless the Issuer defaults in the payment of the Redemption Price, if any, interest on the portion of the Outstanding Principal Balance of the Equipment Notes called for Redemption redemption will cease to accrue on and after the Redemption Date.

Redemption Notice. In respect Notwithstanding the giving of a particular Share Redemption Notice, the Holder shall be entitled to convert all or any Redemption portion of this Note, in accordance with the terms of this Note, to be redeemed by reason of the Equipment Notes giving of such Share Redemption Notice by giving a Conversion Notice at any time on or prior to be made out the later of amounts available for (1) the date which is one Trading Day prior to the applicable Share Redemption Date and (2) if the Company fails to issue or deliver to the Holder the shares of Common Stock issuable in satisfaction of such purposesShare Redemption Price on or before the due date therefor, the Indenture Trustee will give date on which the Company issues and delivers to the Holder such shares of Common Stock. If after giving effect to any such conversion of this Note that occurs after the date the Company gives a particular Share Redemption Notice to each holder of the Equipment Notes to be redeemed, provided that the Indenture Trustee shall have determined in advance of giving any such Redemption Notice that funds are or will, on the Redemption Date, be available therefor. Such Redemption Notice will be given at least twenty (20) days but not more than sixty (60) days before such Redemption Date. Each Redemption Notice will state (i) the applicable Redemption Date, (ii) if a Redemption in partHolder, the portion principal amount of a particular principal installment of this Note remaining outstanding is less than the Outstanding Principal Balance of the Equipment Notes that is amount thereof to be redeemed as stated in the applicable Share Redemption Notice, then the Share Redemption Share Amount for such Share Redemption shall be reduced form what it otherwise would be to reflect the reduced outstanding principal amount of this Note and related accrued interest (and in respect thereof, the Redemption Price will be distributed to the Holders pro rata in the same manner as partial repayments of principal on the Equipment Notes made pursuant to the Flow of Funds and the Indenture Trustee’s notice shall contain information to that effect), (iii) the Indenture Trustee’s arrangements for making payments due on the Redemption Date, (iv) the Redemption Price of the Equipment Notes to be redeemed, (v) for an Optional Redemption in whole, that the Equipment Notes to be redeemed must be surrendered (which action may be taken by any Holder of the Equipment Notes or its authorized agent) to the Indenture Trustee to collect the Redemption Price on such Equipment Notes and (vi) that, unless the Issuer defaults in the payment of the Redemption Priceinterest, if any, interest thereon at the Default Rate) on the portion applicable Share Redemption Date resulting from any such conversions of this Note after the Company gives such Share Redemption Notice to the Holder. Such reduction of the Outstanding Principal Balance Share Redemption Share amount shall be made by reducing the Share Redemption Daily Amounts used to calculate the Share Redemption Share Amount for such Share Redemption in the inverse of their chronological order to the Equipment Notes called for extent necessary to reduce the principal amount reflected in such Share Redemption will cease Share Amount by the principal amount so converted. Any redemption of this Note pursuant to accrue this Section 2(c) that is required by Section 2(d)(2) shall be applied to the installments of principal outstanding on the applicable Share Redemption Date first to the principal installment stated by Section 2(d)(1) to be due on November 2, 2005 and after then to the Redemption Dateprincipal installment stated by Section 2(d)(1) to be due on November 2, 2008.

Redemption Notice. In respect of any Redemption (in whole or in part) of the Equipment any subclass of Notes to be made out of amounts available for such purposes, the Indenture Trustee Cash Manager will give a Redemption Notice to each holder of the Equipment Notes to be redeemedTrustee and the Security Trustee, provided that the Indenture Trustee Cash Manager shall have determined in advance of giving any such Redemption Notice that funds are or will, on the Redemption Date or Refinancing Date, be available therefor. Such Redemption Notice will be given at least twenty (20) days but not more than sixty (60) days before such Redemption Date (such Redemption may be revoked by the Issuer at any time prior to the Redemption Date), or at least five (5) days but not more than thirty (30) days before the Refinancing Date, and other than in the case of an Acquisition Balance Redemption, as to which such Redemption Notice shall be included in the Monthly Report delivered for the applicable Payment Date. Each Redemption Notice will state (i) the applicable Redemption Date, (ii) if a Redemption in part, the portion source of the Outstanding Principal Balance of the Equipment Notes that is to be redeemed (and in respect thereof, the Redemption Price will be distributed to the Holders pro rata in the same manner as partial repayments of principal on the Equipment Notes made pursuant to the Flow of Funds and the Indenture Trustee’s notice shall contain information to that effect), (iii) the Indenture Trustee’s arrangements funds for making payments due on the Redemption Date, (iviii) the Redemption Price of the Equipment Notes subject to such Redemption (including an explanation of the calculation of any Redemption Premium, assuming that the date of the Redemption Notice is the Redemption Date on the stated Redemption Date) and the portion of the Outstanding Principal Balance to be redeemed, in the case of a Redemption in part, (viv) for an Optional Redemption in wholewhole of any subclass of Notes, that the Equipment such Notes to be redeemed in whole must be surrendered (which action may be taken by any Holder of the Equipment Notes or its authorized agent) to the Indenture Issuer and then returned to the Trustee to collect the Redemption Price on such Equipment Notes and (viv) that, unless the Issuer defaults in the payment of the Redemption Price, if any, interest on the portion of the Outstanding Principal Balance of the Equipment Notes called for Redemption will cease to accrue on and after the Redemption Date. The Cash Manager shall deliver a notice to the Trustee and the Security Trustee setting forth the Redemption Premium not later than two Business Days preceding the Redemption Date or Refinancing Date, as applicable.

Redemption Notice. In respect of any Optional Redemption of the Equipment any Series or Class of Notes to be made out of amounts available for such purposes, the Indenture Trustee will give a Redemption Notice to each holder Holder of the Equipment Notes to be redeemedredeemed and to each Hedge Provider and Liquidity Facility Provider, provided that the Indenture Trustee shall have determined in advance of giving any such Redemption Notice that whether funds are or will, on the applicable Redemption Date, be available thereforfor such Optional Redemption. Such Redemption Notice will must be given at least twenty ten (2010) days but not more than sixty (60) days before such Redemption Date. Each Redemption Notice will must state (i) the applicable Redemption Date, (ii) the Notes being redeemed (which may be some or all of a Series or Class, as permitted by Section 3.12 and any applicable Series Supplement) and, if a Redemption in partapplicable, the portion of the Outstanding Principal Balance of the Equipment such Notes that is to be redeemed (and in respect thereof, the Redemption Price (less an amount equal to any portion thereof payable to the applicable Hedge Provider) will be distributed to the Holders of the applicable Notes pro rata in the same manner as partial repayments of principal on the Equipment Notes made pursuant to the Flow of Funds and the Indenture Trustee’s notice shall contain information to that effect), (iii) the Indenture Trustee’s arrangements for making payments due on the Redemption Date, (iv) the Redemption Price of the Equipment Notes to be redeemed, including a description of the portion thereof, if applicable, that is payable to the applicable Hedge Provider, (v) for an Optional Redemption in wholeof an entire Class or Series of Notes or of all Outstanding Notes, that the Equipment Notes to be redeemed must be surrendered (which action may be taken by any Holder of the Equipment Notes or its authorized agent) to the Indenture Trustee to collect the Redemption Price on such Equipment Notes (less an amount equal to any portion thereof payable to the applicable Hedge Provider), and (vi) that, unless the Issuer defaults in the payment of the Redemption Price, if any, interest on the portion of the Outstanding Principal Balance of the Equipment Notes called for Redemption redemption will cease to accrue on and after the Redemption Date.

Redemption Notice. In To call any Notes for Redemption, the Company must send to each Holder of such Notes (and to any beneficial owner of a Global Note, if required by applicable law), the Trustee and the Paying Agent a written notice of such Redemption (a “Redemption Notice”). Such Redemption Notice must state: (i) that the Notes have been called for Redemption, briefly describing the Company’s Redemption right under this Indenture; (ii) the Redemption Date for such Redemption; (iii) the Redemption Price per $1,000 principal amount of Notes for such Redemption (and, if the Redemption Date is after a Regular Record Date and on or before the next Interest Payment Date, the amount, manner and timing of the interest payment payable pursuant to the proviso to Section 4.03(E)); (iv) the name and address of the Paying Agent and the Conversion Agent; (v) that Notes called for Redemption may be converted at any time before the Close of Business on the Business Day immediately before the Redemption Date (or, if the Company fails to pay the Redemption Price due on such Redemption Date in full, at any time until such time as the Company pays such Redemption Price in full); (vi) the Conversion Rate in effect on the Redemption Notice Date for such Redemption and a description and quantification of any adjustments to the Conversion Rate that may result from such Redemption (including pursuant to Section 5.07); (vii) the Settlement Method that will apply to all conversions of Notes with a Conversion Date that occurs on or after such Redemption Notice Date and before such Redemption Date; provided, however, that the Company may specify a separate Settlement Method (to the extent permitted by this Indenture) solely in respect of any Redemption the Notes or Delayed Conversion Notes of which the Initial Purchasers or Initial Purchaser Successors, as applicable, are Beneficial Holders by separate notice of the Equipment same to such Beneficial Holders; (viii) that Notes called for Redemption must be delivered to the Paying Agent (in the case of Physical Notes) or the Depositary Procedures must be complied with (in the case of Global Notes) for the Holder thereof to be made out entitled to receive the Redemption Price; and (ix) the CUSIP and ISIN numbers, if any, of amounts available for such purposesthe Notes. On or before the Redemption Notice Date, the Indenture Company will send a copy of such Redemption Notice to the Trustee and the Paying Agent. At the Company’s request, the Trustee will give a the Redemption Notice to each holder of in the Equipment Notes to be redeemedCompany’s name and at its expense, provided that the Indenture Trustee shall have determined Company delivers to the Trustee, at least five Business Days in advance the case of giving any such Physical Notes and five calendar days in the case of Global Notes prior to the Redemption Notice Date (unless the Trustee agrees to a shorter period), an Officer’s Certificate requesting that funds are or will, on the Redemption Date, be available therefor. Such Redemption Notice will be given at least twenty (20) days but not more than sixty (60) days before Trustee give such Redemption Date. Each Redemption Notice will state (i) notice and setting forth the applicable Redemption Date, (ii) if a Redemption in part, the portion of the Outstanding Principal Balance of the Equipment Notes that is information to be redeemed (and stated in respect thereof, the Redemption Price will be distributed to the Holders pro rata such notice as provided in the same manner as partial repayments of principal on the Equipment Notes made pursuant to the Flow of Funds and the Indenture Trustee’s notice shall contain information to that effectthis Section 4.03(G), (iii) the Indenture Trustee’s arrangements for making payments due on the Redemption Date, (iv) the Redemption Price of the Equipment Notes to be redeemed, (v) for an Optional Redemption in whole, that the Equipment Notes to be redeemed must be surrendered (which action may be taken by any Holder of the Equipment Notes or its authorized agent) to the Indenture Trustee to collect the Redemption Price on such Equipment Notes and (vi) that, unless the Issuer defaults in the payment of the Redemption Price, if any, interest on the portion of the Outstanding Principal Balance of the Equipment Notes called for Redemption will cease to accrue on and after the Redemption Date.