Common use of Redemption Notice Clause in Contracts

Redemption Notice. In respect of any Redemption of any Series of 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, other than in the case of a Refinancing as to which such Redemption Notice shall be given at least five (5) days but not more than thirty (30) days before the Redemption Date. Each Redemption Notice will state (i) the applicable Redemption Date, (ii) the Indenture Trustee’s arrangements for making payments due on the Redemption Date, (iii) the Redemption Price of the Equipment Notes to be redeemed, (iv) for an Optional Redemption in whole of any Series, that 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 (v) that, unless Issuer defaults in the payment of the Redemption Price, if any, interest on Equipment Notes called for Redemption will cease to accrue on and after the Redemption Date.

Appears in 3 contracts

Samples: Master Indenture (Trinity Industries Inc), Master Indenture (Trinity Industries Inc), Master Indenture (Trinity Industries Inc)

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Redemption Notice. In respect of any Optional Redemption of any Series 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, other than in the case of a Refinancing as to which such Redemption Notice shall be given at least five (5) days but not more than thirty (30) days before the Redemption Date. Each Redemption Notice will state (i) the applicable Redemption Date, (ii) if 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, (iiiiv) the Redemption Price of the Equipment Notes to be redeemed, (ivv) for an Optional Redemption in whole of any Serieswhole, that the Equipment Notes to be redeemed must be surrendered (which action may be taken by any holder Holder of the Equipment Notes or its authorized agent) to the Indenture Trustee to collect the Redemption Price on such Equipment Notes and (vvi) 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.

Appears in 2 contracts

Samples: Indenture (Trinity Industries Inc), Indenture (Trinity Industries Inc)

Redemption Notice. In Except as stated in Section 211 with respect of any Redemption of any Series of Equipment Notes to be made out of amounts available for such purposesnotices to DTC, 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, other than in the case of a Refinancing as to which such Redemption Notice shall be given at least five (5) days but not more than thirty (30) days before the Redemption Date. Each Redemption Notice will state (i) redemption date of any Bonds, the applicable Redemption DateTrustee shall cause a notice of any such redemption, (ii) either in whole or in part, signed by the Indenture Trustee’s arrangements for making payments due on the Redemption Date, (iii) the Redemption Price of the Equipment Notes Trustee to be redeemedmailed, (iv) for an Optional Redemption in whole of any Seriesfirst-class, that Equipment Notes postage prepaid, to all Bondholders whose Bonds are to be redeemed must and to the Letter of Credit Issuer. Each such notice shall set forth: (a) the date fixed for redemption; (b) the redemption price to be surrendered paid; (which action may be taken by any holder c) if fewer than all of the Equipment Notes or its authorized agent) to Bonds then outstanding shall be called for redemption, the Indenture Trustee to collect the Redemption Price on such Equipment Notes distinctive numbers and (v) that, unless Issuer defaults in the payment of the Redemption Priceletters, if any, interest of such Bonds to be redeemed and, in the case of Bonds to be redeemed in part only, the portion of the principal amount thereof to be redeemed; (d) that on Equipment Notes the date fixed for redemption, such redemption price will become due and payable upon each Bond or portion thereof called for Redemption will redemption, and that interest thereon shall cease to accrue on and after said redemption date, (e) the place where such Bonds or portions thereof called for redemption are to be surrendered for payment of such redemption price; and (f) such other information as may be required to comply with the requirements of Securities Exchange Act of 1934 Release No. 34-23856, dated December three (3), nineteen hundred eighty-six (1986) (the "Redemption Release"). In addition, the Trustee shall cause a copy of the above notice of redemption to be sent to the persons specified in Sections B and D of the Redemption DateRelease at least two (2) business days before notice is given in accordance with the preceding sentence. In case any Bond is to be redeemed in part only, the notice of redemption which relates to such Bond shall state also that on or after the redemption date, upon surrender of such Bond, a new Bond or Bonds of the same maturity and series, bearing interest at the same rate and in a principal amount equal to the unredeemed portion of such Bond, will be issued. Failure to comply with the requirements of the Redemption Release shall not affect the validity of the proceedings for the redemption of any Bonds, and failure to mail such notice to any Holder or any defect in any notice so mailed shall not affect the validity of the proceedings for the redemption of the Bonds of any other Holders.

Appears in 2 contracts

Samples: Trust Agreement (Maxxam Inc), Trust Agreement (Maxxam Inc)

Redemption Notice. In respect of any Redemption of any Series 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, other than in the case of a Refinancing as to which such Redemption Notice shall be given at least five (5) days but not more than thirty (30) days before the 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, (iiiiv) the Redemption Price of the Equipment Notes to be redeemed, (ivv) for an Optional Redemption in whole of any Serieswhole, that the Equipment Notes to be redeemed must be surrendered (which action may be taken by any holder Holder of the Equipment Notes or its authorized agent) to the Indenture Trustee to collect the Redemption Price on such Equipment Notes and (vvi) 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.

Appears in 2 contracts

Samples: Indenture (Trinity Industries Inc), Indenture (Trinity Industries Inc)

Redemption Notice. In respect of any Optional Redemption of 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 Holder 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, other than in the case of a Refinancing as to which such Redemption Notice shall be given at least five (5) days but not more than thirty (30) days before the 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 applicable, the portion of the Outstanding Principal Balance of 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 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 's notice shall contain information to that effect), (iii) the Indenture Trustee's arrangements for making payments due on the Redemption Date, (iiiiv) 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, (ivv) for an Optional Redemption in whole of any Seriesan 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 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 (vvi) 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.

Appears in 2 contracts

Samples: Master Indenture (Trinity Industries Inc), Master Indenture (Trinity Industries Inc)

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Redemption Notice. In respect of any Optional Redemption of 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 Holder 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, other than in the case of a Refinancing as to which such Redemption Notice shall be given at least five (5) days but not more than thirty (30) days before the 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 applicable, the portion of the Outstanding Principal Balance of 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 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, (iiiiv) the Redemption Price of the Equipment Notes to be redeemed, (ivincluding a description of the portion thereof, if applicable, that is payable to the applicable Hedge Provider(v) for an Optional Redemption in whole of any Seriesan 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 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 (vvi) 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.

Appears in 2 contracts

Samples: Master Indenture (Trinity Industries Inc), Lease Agreement (Trinity Industries Inc)

Redemption Notice. In respect of To call any Redemption of any Series of Equipment Notes to be made out of amounts available for such purposesRedemption, the Indenture Trustee will give a Redemption Notice Company must send to each holder Holder of such Notes, the Equipment Notes to be redeemed, provided that Trustee and the Indenture Trustee shall have determined in advance Paying Agent a written notice of giving any such Redemption Notice that funds are or will, on the (a “Redemption Date, be available thereforNotice”). Such Redemption Notice will be given at least twenty (20) days but not more than sixty (60) days before such Redemption Date, other than in the case of a Refinancing as to which such Redemption Notice shall be given at least five (5) days but not more than thirty (30) days before the Redemption Date. Each Redemption Notice will state must state: (i) that such Notes have been called for Redemption, briefly describing the applicable Company’s Redemption Date, right under this Indenture; (ii) the Indenture Trustee’s arrangements Redemption Date for making payments due on the Redemption Date, 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 Equipment Notes interest payment payable pursuant to be redeemed, 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 an Optional Redemption in whole of any Series, that 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 agentsecond (2nd) 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 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 on or before the second (2nd) Business Day before such Redemption Date; and (vviii) that, unless Issuer defaults in the payment of the Redemption PriceCUSIP and ISIN numbers, if any, interest on Equipment Notes called for Redemption will cease to accrue on and after of the Notes. On or before the Redemption Notice Date., the Company will send a copy of such Redemption Notice to the Trustee and the Paying Agent. (G)

Appears in 1 contract

Samples: Progress Software Corp /Ma

Redemption Notice. In respect of any Optional Redemption of 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, other than in the case of a Refinancing as to which such Redemption Notice shall be given at least five (5) days but not more than thirty (30) days before the 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 applicable, the portion of the Outstanding Principal Balance of 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 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, (iiiiv) 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, (ivv) for an Optional Redemption in whole of any Seriesan 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 (vvi) 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.

Appears in 1 contract

Samples: Master Indenture (Trinity Industries Inc)

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