Redemption--Redemption Prices. Bonds of the Pollution Control Series AD shall be subject to redemption prior to maturity, under the conditions and upon the payment of the amounts specified in the following subsections, together in each case with interest accrued to the redemption date: (a) at the option of the Company (i) whenever the Interest Rate Mode for the 2004 Series B Authority Bonds is the Daily Rate or the Weekly Rate, in whole or in part, at a redemption price of 100% of the principal amount thereof on any Interest Payment Date; (ii) whenever the Interest Rate Mode for the 2004 Series B Authority Bonds is the Commercial Paper Rate, in whole or in part, at a redemption price of 100% of the principal amount thereof on the Interest Payment Date for each Commercial Paper Rate Period for a 2004 Series B Authority Bond or Bonds, such redemption to be in the same principal amount of such 2004 Series B Authority Bond or Bonds; (iii) whenever the Interest Rate Mode for the 2004 Series B Authority Bonds is the Auction Rate, in whole or in part, at a redemption price of 100% of the principal amount thereof on the final Interest Payment Date for each Auction Period; (iv) whenever the Interest Rate Mode for the 2004 Series B Authority Bonds is the Term Rate, in whole or in part, on the final Interest Payment Date for the then current Term Rate Period and, prior to the end of the then current Term Rate Period, at any time during the redemption periods and at the redemption prices set forth below, plus interest accrued, if any, to the redemption date: Original Length of Current Term Commencement of Redemption Price as Rate Period (Years) Redemption Period Percentage of Principal -------------------- ------------------- ----------------------------------- More than 15 years Tenth anniversary 102% declining by 1% on each of commencement of succeeding anniversary of the Term Rate Period first day of the redemption period until reaching 100% and thereafter 100% More than 10 but Seventh anniversary 102% declining by 1% on each not more than 15 of commencement of succeeding anniversary of the years Term Rate Period first day of the redemption period until reaching 100% and thereafter 100% More than 5 but not Third anniversary 101% declining by 1% on the next more than 10 years of commencement of succeeding anniversary of the Term Rate Period first day of the redemption period and thereafter 100% More than 2 but not Second anniversary 100% on and after such second more than 5 years of commencement of anniversary of the first day of the Term Rate Period redemption period 2 years or less Non-callable Non-callable If, at the time of the Company's notice of a change in the Term Rate Period pursuant to Section 2.02(c) of the Authority Indenture, or its notice of Conversion of the Interest Rate Mode for the 2004 Series B Authority Bonds to the Term Rate pursuant to Section 2.02(d) of the Authority Indenture, or, when the Interest Rate Mode for the 2004 Series B Authority Bonds is the Term Rate, at least 35 days prior to the Purchase Date for the 2004 Series B Authority Bonds pursuant to Section 3.01 (b)(i) of the Authority Indenture, the Company provides a certification of the Remarketing Agent to the Authority Trustee and the Authority that the foregoing schedule is not consistent with prevailing market conditions and an opinion of nationally recognized bond counsel that a change in the redemption provisions of the 2004 Series B Authority Bonds will not adversely affect the exclusion from gross income of interest on the 2004 Series B Authority Bonds for Federal income tax purposes, the foregoing redemption periods and redemption prices may be revised effective as of the date of such change in the Term Rate Period, the Conversion Date, or that Purchase Date, as determined by the Remarketing Agent in its judgment, taking into account the then prevailing market conditions, as stipulated in such certification, which shall be appended by the Trustee to its counterpart of this supplemental indenture. Any such revision of redemption periods or redemption prices shall not be considered an amendment of or supplement to this supplemental indenture and shall not require the consent of any other person or entity. (b) in whole (or in part if, in the opinion of nationally recognized bond counsel, such partial redemption will preserve the exclusion from gross income for Federal income tax purposes of interest on the 2004 Series B Authority Bonds remaining outstanding after such redemption) at any time at 100% of the principal amount thereof to be redeemed, plus interest accrued to the redemption date, within 180 days after a "final determination" (i.e., the issuance of a published or private ruling or technical advice) of the Internal Revenue Service or a judicial decision in a proceeding by any court of competent jurisdiction in the United States (from which ruling, advice or decision no further right of appeal exists), in all cases in which the Company has participated or been a party or has been given an opportunity to participate and has failed to do so (no such decree or judgment by any court or action by the Internal Revenue Service to be considered final unless the owner of the 2004 Series B Authority Bonds involved in such proceeding or action has given the Company and the Authority Trustee prompt written notice of the commencement thereof and offered the Company, at the Company's expense, the opportunity to control the defense thereof) that, as a result of a failure by the Company to observe any covenant, agreement, representation or warranty in the Agreement, the interest payable on the 2004 Series B Authority Bonds is includable in the gross income for Federal income tax purposes of the holder thereof, other than a "substantial user" of the Project or a "related person" as provided in Section 147 (a) of the Internal Revenue Code of 1986, as amended, and the applicable regulations thereunder. (c) in whole at 100% of the principal amount thereof whenever the Company receives from the Authority Trustee a copy of a written demand sent to the Trustee stating that the principal of all outstanding 2004 Series B Authority Bonds has been declared to be immediately due and payable because of an Event of Default under the Authority Indenture. In such case, redemption of the Bonds of the Pollution Control Series AD shall be any date selected by the Company, not more than 180 days after receipt by the Company of such written demand for redemption. (d) to the extent that any of the 2004 Series B Authority Bonds shall have become Provider Bonds, (i) on the Provider Bond Redemption Date in an amount equal to the aggregate principal amount of Provider Bonds outstanding at the expiration of the Liquidity Facility at 100% of the principal amount thereof and (ii) in accordance with any other redemption provisions set forth in any applicable Standby Bond Purchase Agreement.
Appears in 1 contract
Redemption--Redemption Prices. Bonds of the Pollution Control Series AD V shall be subject to redemption prior to maturity, under the conditions and upon the payment of the amounts specified in the following subsections, together in each case with interest accrued to the redemption date:
(a) at the option of the Company
(i) whenever the Interest Rate Mode for the 2004 Series B 1995 Authority Bonds is the Daily Rate or the Weekly Rate, in whole or in part, at a redemption price of 100% of the principal amount thereof on any Interest Payment Date;
(ii) whenever the Interest Rate Mode for the 2004 Series B 1995 Authority Bonds is the Commercial Paper Rate, in whole or in part, at a redemption price of 100% of the principal amount thereof on the Interest Payment Date for each Commercial Paper Rate Period for a 2004 Series B an Authority Bond or Bonds, such redemption to be in the same principal amount of such 2004 Series B Authority Bond or Bonds;
(iii) whenever the Interest Rate Mode for the 2004 Series B 1995 Authority Bonds is the Auction Rate, in whole or in part, at a redemption price of 100% of the principal amount thereof on the final Interest Payment Date for each Auction Period;
(iv) whenever the Interest Rate Mode for the 2004 Series B 1995 Authority Bonds is the Term Rate, in whole or in part, on the final Interest Payment Date for the then current Term Rate Period and, prior to the end of the then current Term Rate Period, at any time during the redemption periods and at the redemption prices set forth below, plus interest accrued, if any, to the redemption date: Original Length of Current Term Commencement of Redemption Price as Term Rate Period (Years) Redemption Period Percentage of Principal -------------------- ------------------- ----------------------------------- ------------------------ ----------------- ----------------------- More than 15 years Tenth anniversary of 102% declining by 1% on each of commencement of Term each succeeding anniversary Rate Period of the Term Rate Period first day of the redemption period until reaching 100% and thereafter 100% More than 10 but not Seventh anniversary of 102% declining by 1% on each not more than 15 of years commencement of Term each succeeding anniversary Rate Period of the years Term Rate Period first day of the redemption period until reaching 100% and thereafter 100% More than 5 but not Third Fifth anniversary of 101% declining by 1% on the next more than 10 years of commencement of Term each succeeding anniversary Rate Period of the Term Rate Period first day of the redemption period until reaching 100% and thereafter 100% More than 2 but not Second anniversary of 100% on and after such second more than 5 years of commencement of Term second anniversary of the Rate Period first day of the Term Rate Period redemption period 2 years or less Non-callable Non-callable If, at the time of the Company's notice of a change in the Term Rate Period pursuant to Section 2.02(c2.02(d) of the Authority Indenture, or its notice of Conversion of the Interest Rate Mode for the 2004 Series B 1995 Authority Bonds to the Term Rate pursuant to Section 2.02(d2.02(e) of the Authority Indenture, or, when the Interest Rate Mode for the 2004 Series B 1995 Authority Bonds is the Term Rate, at least 35 days prior to the Purchase Date for the 2004 Series B 1995 Authority Bonds pursuant to Section 3.01 (b)(i3.01(b)(i) of the Authority Indenture, the Company provides a certification of the Remarketing Agent to the Authority Trustee and the Authority that the foregoing schedule is not consistent with prevailing market conditions and an opinion of nationally recognized bond counsel that a change in the redemption provisions of the 2004 Series B 1995 Authority Bonds will not adversely affect the exclusion from gross income of interest on the 2004 Series B 1995 Authority Bonds for Federal income tax purposes, the foregoing redemption periods and redemption prices may be revised effective as of the date of such change in the Term Rate Period, the Conversion Date, or that Purchase Date, as determined by the Remarketing Agent in its judgment, taking into account the then prevailing market conditionsPrevailing Market Conditions, as stipulated in such certification, which shall be appended by the Trustee to its counterpart of this supplemental indenture. Any such revision of redemption periods or redemption prices shall not be considered an amendment of or supplement to this supplemental indenture and shall not require the consent of any other person or entity.
(b) in whole (or in part (if, in the opinion of nationally recognized bond counsel, such partial redemption will preserve the exclusion from gross income for Federal income tax purposes of interest on the 2004 Series B remaining 1995 Authority Bonds remaining outstanding after such redemptionBonds) at any time at 100% of the principal amount thereof to be redeemed, plus interest accrued to the redemption date, within 180 days after a "final determination" (i.e., the issuance of a published or private ruling or technical advice) of the Internal Revenue Service or a judicial decision in a proceeding by any court of competent jurisdiction in the United States (from which ruling, advice or decision no further right of appeal exists), in all cases in which the Company has participated or been a party or has been given an opportunity to participate and has failed to do so (no such decree or judgment by any court or action by the Internal Revenue Service to be considered final unless the owner of the 2004 Series B 1995 Authority Bonds involved in such proceeding or action has given the Company and the Authority Trustee prompt written notice of the commencement thereof and offered the Company, at the Company's expense, the opportunity to control the defense thereof) that, as a result of a failure by the Company to observe any covenant, agreement, representation or warranty in the Agreement, the interest payable on the 2004 Series B 1995 Authority Bonds is includable in the gross income for Federal income tax purposes of the holder thereof, other than a "substantial user" of the Project or a "related person" as provided in Section 147 (a147(a) of the Internal Revenue Code of 1986, as amended, and the applicable regulations thereunder.
(c) in whole at 100% of the principal amount thereof whenever the Company receives from the Authority Trustee a copy of a written demand sent to the Trustee stating that the principal of all outstanding 2004 Series B 1995 Authority Bonds has been declared to be immediately due and payable because of an Event of Default under the Authority Indenture. In such case, redemption of the Bonds of the Pollution Control Series AD V shall be any date selected by the Company, not more than 180 days after receipt by the Company of such written demand for redemption.
(d) to the extent that any of the 2004 Series B 1995 Authority Bonds shall have become Provider Bonds, (i) on the Provider Bond Redemption Date in an amount equal to the aggregate principal amount of Provider Bonds outstanding at the expiration of the Liquidity Facility at 100% of the principal amount thereof and (ii) in accordance with any other redemption provisions set forth in any applicable Standby Bond Purchase Agreementon each of the first four anniversaries of the expiration of the Liquidity Facility at the rate of 20% per year of the aggregate principal amount of Provider Bonds outstanding at the expiration of the Liquidity Facility at 100% of the principal amount thereof.
Appears in 1 contract
Samples: Supplemental Mortgage (Public Service Electric & Gas Co)
Redemption--Redemption Prices. Bonds of the Pollution Control Series AD Y shall be subject to redemption prior to maturity, under the conditions and upon the payment of the amounts specified in the following subsections, together in each case with interest accrued to the redemption date:
(a) at the option of the Company
(i) whenever the Interest Rate Mode for the 2004 2003 Authority Series B Authority A Bonds is the Daily Rate or the Weekly Rate, in whole or in part, at a redemption price of 100% of the principal amount thereof on any Interest Payment Date;
(ii) whenever the Interest Rate Mode for the 2004 2003 Authority Series B Authority A Bonds is the Commercial Paper Rate, in whole or in part, at a redemption price of 100% of the principal amount thereof on the Interest Payment Date for each Commercial Paper Rate Period for a 2004 2003 Series B A Authority Bond or Bonds, such redemption to be in the same principal amount of such 2004 2003 Series B A Authority Bond or Bonds;
(iii) whenever the Interest Rate Mode for the 2004 2003 Authority Series B Authority A Bonds is the Auction Rate, in whole or in part, at a redemption price of 100% of the principal amount thereof on the final Interest Payment Date for each Auction Period;
(iv) whenever the Interest Rate Mode for the 2004 2003 Series B A Authority Bonds is the Term Rate, in whole or in part, on the final Interest Payment Date for the then current Term Rate Period and, prior to the end of the then current Term Rate Period, at any time during the redemption periods and at the redemption prices set forth below, plus interest accrued, if any, to the redemption date: Original Length of Current Term Commencement of Redemption Price as Rate Period (Years) Redemption Period Percentage of Principal -------------------- ------------------- -------------------- ----------------------------------- More than 15 years Tenth anniversary 102% declining by 1% on each of commencement of succeeding anniversary of the Term Rate Period first day of the redemption period until reaching 100% and thereafter 100% More than 10 but not Seventh anniversary 102% declining by 1% on each not more than 15 years of commencement of succeeding anniversary of the years Term Rate Period first day of the redemption period until reaching 100% and thereafter 100% More than 5 but not Third anniversary 101% declining by 1% on the next more than 10 years of commencement of succeeding anniversary of the Term Rate Period first day of the redemption period and thereafter 100% More than 2 but not Second anniversary 100% on and after such second more than 5 years of commencement of anniversary of the first day of the Term Rate Period redemption period 2 years or less Non-callable Non-callable If, at the time of the Company's notice of a change in the Term Rate Period pursuant to Section 2.02(c) of the Authority Indenture, or its notice of Conversion of the Interest Rate Mode for the 2004 2003 Series B A Authority Bonds to the Term Rate pursuant to Section 2.02(d) of the Authority Indenture, or, when the Interest Rate Mode for the 2004 2003 Series B A Authority Bonds is the Term Rate, at least 35 days prior to the Purchase Date for the 2004 2003 Series B A Authority Bonds pursuant to Section 3.01 (b)(i) of the Authority Indenture, the Company provides a certification of the Remarketing Agent to the Authority Trustee and the Authority that the foregoing schedule is not consistent with prevailing market conditions and an opinion of nationally recognized bond counsel that a change in the redemption provisions of the 2004 2003 Series B A Authority Bonds will not adversely affect the exclusion from gross income of interest on the 2004 2003 Series B A Authority Bonds for Federal income tax purposes, the foregoing redemption periods and redemption prices may be revised effective as of the date of such change in the Term Rate Period, the Conversion Date, or that Purchase Date, as determined by the Remarketing Agent in its judgment, taking into account the then prevailing market conditions, as stipulated in such certification, which shall be appended by the Trustee to its counterpart of this supplemental indenture. Any such revision of redemption periods or redemption prices shall not be considered an amendment of or supplement to this supplemental indenture and shall not require the consent of any other person or entity.
(b) in whole (or in part if, in the opinion of nationally recognized bond counsel, such partial redemption will preserve the exclusion from gross income for Federal income tax purposes of interest on the 2004 2003 Series B A Authority Bonds remaining outstanding after such redemption) at any time at 100% of the principal amount thereof to be redeemed, plus interest accrued to the redemption date, within 180 days after a "final determination" (i.e., the issuance of a published or private ruling or technical advice) of the Internal Revenue Service or a judicial decision in a proceeding by any court of competent jurisdiction in the United States (from which ruling, advice or decision no further right of appeal exists), in all cases in which the Company has participated or been a party or has been given an opportunity to participate and has failed to do so (no such decree or judgment by any court or action by the Internal Revenue Service to be considered final unless the owner of the 2004 2003 Series B A Authority Bonds involved in such proceeding or action has given the Company and the Authority Trustee prompt written notice of the commencement thereof and offered the Company, at the Company's expense, the opportunity to control the defense thereof) that, as a result of a failure by the Company to observe any covenant, agreement, representation or warranty in the Agreement, the interest payable on the 2004 2003 Series B A Authority Bonds is includable in the gross income for Federal income tax purposes of the holder thereof, other than a "substantial user" of the Project or a "related person" as provided in Section 147 (a) of the Internal Revenue Code of 1986, as amended, and the applicable regulations thereunder.
(c) in whole at 100% of the principal amount thereof whenever the Company receives from the Authority Trustee a copy of a written demand sent to the Trustee stating that the principal of all outstanding 2004 2003 Series B A Authority Bonds has been declared to be immediately due and payable because of an Event of Default under the Authority Indenture. In such case, redemption of the Bonds of the Pollution Control Series AD Y shall be any date selected by the Company, not more than 180 days after receipt by the Company of such written demand for redemption.
(d) to the extent that any of the 2004 2003 Series B A Authority Bonds shall have become Provider Bonds, (i) on the Provider Bond Redemption Date in an amount equal to the aggregate principal amount of Provider Bonds outstanding at the expiration of the Liquidity Facility at 100% of the principal amount thereof and (ii) in accordance with any other redemption provisions set forth in any applicable Standby Bond Purchase Agreement.
Appears in 1 contract
Samples: Supplemental Mortgage (Public Service Enterprise Group Inc)
Redemption--Redemption Prices. Bonds of the Pollution Control Series AD AB shall be subject to redemption prior to maturity, under the conditions and upon the payment of the amounts specified in the following subsections, together in each case with interest accrued to the redemption date:
(a) at the option of the Company
(i) whenever the Interest Rate Mode for the 2004 2003 Authority Series B Authority B-3 Bonds is the Daily Rate or the Weekly Rate, in whole or in part, at a redemption price of 100% of the principal amount thereof on any Interest Payment Date;
(ii) whenever the Interest Rate Mode for the 2004 2003 Authority Series B Authority B-3 Bonds is the Commercial Paper Rate, in whole or in part, at a redemption price of 100% of the principal amount thereof on the Interest Payment Date for each Commercial Paper Rate Period for a 2004 2003 Series B B-3 Authority Bond or Bonds, such redemption to be in the same principal amount of such 2004 2003 Series B B-3 Authority Bond or Bonds;
(iii) whenever the Interest Rate Mode for the 2004 2003 Authority Series B Authority B-3 Bonds is the Auction Rate, in whole or in part, at a redemption price of 100% of the principal amount thereof on the final Interest Payment Date for each Auction Period;
(iv) whenever the Interest Rate Mode for the 2004 2003 Series B B-3 Authority Bonds is the Term Rate, in whole or in part, on the final Interest Payment Date for the then current Term Rate Period and, prior to the end of the then current Term Rate Period, at any time during the redemption periods and at the redemption prices set forth below, plus interest accrued, if any, to the redemption date: Original Length of Current Term Commencement of Redemption Price as Rate Period (Years) Redemption Period Percentage of Principal -------------------- ------------------- ----------------------------------- More than 15 years Tenth anniversary 102% declining by 1% on each of commencement of succeeding anniversary of the Term Rate Period first day of the redemption period until reaching 100% and thereafter 100% More than 10 but not Seventh anniversary 102% declining by 1% on each not more than 15 years of commencement of succeeding anniversary of the years Term Rate Period first day of the redemption period until reaching 100% and thereafter 100% More than 5 but not Third anniversary 101% declining by 1% on the next more than 10 years of commencement of succeeding anniversary of the Term Rate Period first day of the redemption period and thereafter 100% More than 2 but not Second anniversary 100% on and after such second more than 5 years of commencement of anniversary of the first day of the Term Rate Period redemption period 2 years or less Non-callable Non-callable If, at the time of the Company's notice of a change in the Term Rate Period pursuant to Section 2.02(c) of the Authority Indenture, or its notice of Conversion of the Interest Rate Mode for the 2004 2003 Series B B-3 Authority Bonds to the Term Rate pursuant to Section 2.02(d) of the Authority Indenture, or, when the Interest Rate Mode for the 2004 2003 Series B B-3 Authority Bonds is the Term Rate, at least 35 days prior to the Purchase Date for the 2004 2003 Series B B-3 Authority Bonds pursuant to Section 3.01 (b)(i) of the Authority Indenture, the Company provides a certification of the Remarketing Agent to the Authority Trustee and the Authority that the foregoing schedule is not consistent with prevailing market conditions and an opinion of nationally recognized bond counsel that a change in the redemption provisions of the 2004 2003 Series B B-3 Authority Bonds will not adversely affect the exclusion from gross income of interest on the 2004 2003 Series B B-3 Authority Bonds for Federal income tax purposes, the foregoing redemption periods and redemption prices may be revised effective as of the date of such change in the Term Rate Period, the Conversion Date, or that Purchase Date, as determined by the Remarketing Agent in its judgment, taking into account the then prevailing market conditions, as stipulated in such certification, which shall be appended by the Trustee to its counterpart of this supplemental indenture. Any such revision of redemption periods or redemption prices shall not be considered an amendment of or supplement to this supplemental indenture and shall not require the consent of any other person or entity.
(b) in whole (or in part if, in the opinion of nationally recognized bond counsel, such partial redemption will preserve the exclusion from gross income for Federal income tax purposes of interest on the 2004 2003 Series B B-3 Authority Bonds remaining outstanding after such redemption) at any time at 100% of the principal amount thereof to be redeemed, plus interest accrued to the redemption date, within 180 days after a "final determination" (i.e., the issuance of a published or private ruling or technical advice) of the Internal Revenue Service or a judicial decision in a proceeding by any court of competent jurisdiction in the United States (from which ruling, advice or decision no further right of appeal exists), in all cases in which the Company has participated or been a party or has been given an opportunity to participate and has failed to do so (no such decree or judgment by any court or action by the Internal Revenue Service to be considered final unless the owner of the 2004 2003 Series B B-3 Authority Bonds involved in such proceeding or action has given the Company and the Authority Trustee prompt written notice of the commencement thereof and offered the Company, at the Company's expense, the opportunity to control the defense thereof) that, as a result of a failure by the Company to observe any covenant, agreement, representation or warranty in the Agreement, the interest payable on the 2004 2003 Series B B-3 Authority Bonds is includable in the gross income for Federal income tax purposes of the holder thereof, other than a "substantial user" of the Project or a "related person" as provided in Section 147 (a) of the Internal Revenue Code of 1986, as amended, and the applicable regulations thereunder.
(c) in whole at 100% of the principal amount thereof whenever the Company receives from the Authority Trustee a copy of a written demand sent to the Trustee stating that the principal of all outstanding 2004 2003 Series B B-3 Authority Bonds has been declared to be immediately due and payable because of an Event of Default under the Authority Indenture. In such case, redemption of the Bonds of the Pollution Control Series AD AB shall be any date selected by the Company, not more than 180 days after receipt by the Company of such written demand for redemption.
(d) to the extent that any of the 2004 2003 Series B B-3 Authority Bonds shall have become Provider Bonds, (i) on the Provider Bond Redemption Date in an amount equal to the aggregate principal amount of Provider Bonds outstanding at the expiration of the Liquidity Facility at 100% of the principal amount thereof and (ii) in accordance with any other redemption provisions set forth in any applicable Standby Bond Purchase Agreement.
Appears in 1 contract
Samples: Supplemental Mortgage (Public Service Enterprise Group Inc)
Redemption--Redemption Prices. Bonds of the Pollution Control Series AD AA shall be subject to redemption prior to maturity, under the conditions and upon the payment of the amounts specified in the following subsections, together in each case with interest accrued to the redemption date:
(a) at the option of the Company
(i) whenever the Interest Rate Mode for the 2004 2003 Authority Series B Authority B-2 Bonds is the Daily Rate or the Weekly Rate, in whole or in part, at a redemption price of 100% of the principal amount thereof on any Interest Payment Date;
(ii) whenever the Interest Rate Mode for the 2004 2003 Authority Series B Authority B-2 Bonds is the Commercial Paper Rate, in whole or in part, at a redemption price of 100% of the principal amount thereof on the Interest Payment Date for each Commercial Paper Rate Period for a 2004 2003 Series B B-2 Authority Bond or Bonds, such redemption to be in the same principal amount of such 2004 2003 Series B B-2 Authority Bond or Bonds;
(iii) whenever the Interest Rate Mode for the 2004 2003 Authority Series B Authority B-2 Bonds is the Auction Rate, in whole or in part, at a redemption price of 100% of the principal amount thereof on the final Interest Payment Date for each Auction Period;
(iv) whenever the Interest Rate Mode for the 2004 2003 Series B B-2 Authority Bonds is the Term Rate, in whole or in part, on the final Interest Payment Date for the then current Term Rate Period and, prior to the end of the then current Term Rate Period, at any time during the redemption periods and at the redemption prices set forth below, plus interest accrued, if any, to the redemption date: Original Length of Current Term Commencement of Redemption Price as Rate Period (Years) Redemption Period Percentage of Principal -------------------- ------------------- ----------------------------------- More than 15 years Tenth anniversary 102% declining by 1% on each of commencement of succeeding anniversary of the Term Rate Period first day of the redemption period until reaching 100% and thereafter 100% More than 10 but not Seventh anniversary 102% declining by 1% on each not more than 15 years of commencement of succeeding anniversary of the years Term Rate Period first day of the redemption period until reaching 100% and thereafter 100% More than 5 but not Third anniversary 101% declining by 1% on the next more than 10 years of commencement of succeeding anniversary of the Term Rate Period first day of the redemption period and thereafter 100% More than 2 but not Second anniversary 100% on and after such second more than 5 years of commencement of anniversary of the first day of the Term Rate Period the redemption period 2 years or less Non-callable Non-callable If, at the time of the Company's notice of a change in the Term Rate Period pursuant to Section 2.02(c) of the Authority Indenture, or its notice of Conversion of the Interest Rate Mode for the 2004 2003 Series B B-2 Authority Bonds to the Term Rate pursuant to Section 2.02(d) of the Authority Indenture, or, when the Interest Rate Mode for the 2004 2003 Series B B-2 Authority Bonds is the Term Rate, at least 35 days prior to the Purchase Date for the 2004 2003 Series B B-2 Authority Bonds pursuant to Section 3.01 (b)(i) of the Authority Indenture, the Company provides a certification of the Remarketing Agent to the Authority Trustee and the Authority that the foregoing schedule is not consistent with prevailing market conditions and an opinion of nationally recognized bond counsel that a change in the redemption provisions of the 2004 2003 Series B B-2 Authority Bonds will not adversely affect the exclusion from gross income of interest on the 2004 2003 Series B B-2 Authority Bonds for Federal income tax purposes, the foregoing redemption periods and redemption prices may be revised effective as of the date of such change in the Term Rate Period, the Conversion Date, or that Purchase Date, as determined by the Remarketing Agent in its judgment, taking into account the then prevailing market conditions, as stipulated in such certification, which shall be appended by the Trustee to its counterpart of this supplemental indenture. Any such revision of redemption periods or redemption prices shall not be considered an amendment of or supplement to this supplemental indenture and shall not require the consent of any other person or entity.
(b) in whole (or in part if, in the opinion of nationally recognized bond counsel, such partial redemption will preserve the exclusion from gross income for Federal income tax purposes of interest on the 2004 2003 Series B B-2 Authority Bonds remaining outstanding after such redemption) at any time at 100% of the principal amount thereof to be redeemed, plus interest accrued to the redemption date, within 180 days after a "final determination" (i.e., the issuance of a published or private ruling or technical advice) of the Internal Revenue Service or a judicial decision in a proceeding by any court of competent jurisdiction in the United States (from which ruling, advice or decision no further right of appeal exists), in all cases in which the Company has participated or been a party or has been given an opportunity to participate and has failed to do so (no such decree or judgment by any court or action by the Internal Revenue Service to be considered final unless the owner of the 2004 2003 Series B B-2 Authority Bonds involved in such proceeding or action has given the Company and the Authority Trustee prompt written notice of the commencement thereof and offered the Company, at the Company's expense, the opportunity to control the defense thereof) that, as a result of a failure by the Company to observe any covenant, agreement, representation or warranty in the Agreement, the interest payable on the 2004 2003 Series B B-2 Authority Bonds is includable in the gross income for Federal income tax purposes of the holder thereof, other than a "substantial user" of the Project or a "related person" as provided in Section 147 (a) of the Internal Revenue Code of 1986, as amended, and the applicable regulations thereunder.
(c) in whole at 100% of the principal amount thereof whenever the Company receives from the Authority Trustee a copy of a written demand sent to the Trustee stating that the principal of all outstanding 2004 2003 Series B B-2 Authority Bonds has been declared to be immediately due and payable because of an Event of Default under the Authority Indenture. In such case, redemption of the Bonds of the Pollution Control Series AD AA shall be any date selected by the Company, not more than 180 days after receipt by the Company of such written demand for redemption.
(d) to the extent that any of the 2004 2003 Series B B-2 Authority Bonds shall have become Provider Bonds, (i) on the Provider Bond Redemption Date in an amount equal to the aggregate principal amount of Provider Bonds outstanding at the expiration of the Liquidity Facility at 100% of the principal amount thereof and (ii) in accordance with any other redemption provisions set forth in any applicable Standby Bond Purchase Agreement.
Appears in 1 contract
Samples: Supplemental Mortgage (Public Service Enterprise Group Inc)
Redemption--Redemption Prices. Bonds of the Pollution Control Series AD W shall be subject to redemption prior to maturity, under the conditions and upon the payment of the amounts specified in the following subsections, together in each case with interest accrued to the redemption date:
(a) at the option of the Company
(i) whenever the Interest Rate Mode for the 2004 Series B 1996 Authority Bonds is the Daily Rate or the Weekly Rate, in whole or in part, at a redemption price of 100% of the principal amount thereof on any Interest Payment Date;
(ii) whenever the Interest Rate Mode for the 2004 Series B 1996 Authority Bonds is the Commercial Paper Rate, in whole or in part, at a redemption price of 100% of the principal amount thereof on the Interest Payment Date for each Commercial Paper Rate Period for a 2004 Series B an Authority Bond or Bonds, such redemption to be in the same principal amount of such 2004 Series B Authority Bond or Bonds;
(iii) whenever the Interest Rate Mode for the 2004 Series B 1996 Authority Bonds is the Auction Rate, in whole or in part, at a redemption price of 100% of the principal amount thereof on the final Interest Payment Date for each Auction Period;
(iv) whenever the Interest Rate Mode for the 2004 Series B 1996 Authority Bonds is the Term Rate, in whole or in part, on the final Interest Payment Date for the then current Term Rate Period and, prior to the end of the then current Term Rate Period, at any time during the redemption periods and at the redemption prices set forth below, plus interest accrued, if any, to the redemption date: Original Length of Current Term Commencement of Redemption Price as Rate Period ORIGINAL LENGTH OF CURRENT COMMENCEMENT OF REDEMPTION PRICE AS TERM RATE PERIOD (YearsYEARS) Redemption Period Percentage of Principal -------------------- ------------------- ----------------------------------- REDEMPTION PERIOD PERCENTAGE OF PRINCIPAL -------------------------- ----------------------------- --------------------------------- More than 15 years Tenth anniversary of 102% declining by 1% on each of commencement of Term Rate succeeding anniversary of the Term Rate Period first day of the redemption period until reaching 100% and thereafter 100% More than 10 but not more Seventh anniversary of 102% declining by 1% on each not more than 15 of years commencement of Term Rate succeeding anniversary of the years Term Rate Period first day of the redemption period until reaching 100% and thereafter 100% More than 5 but not more Third anniversary of 101% declining by 1% on the next more each than 10 years of commencement of Term Rate succeeding anniversary of the Term Rate Period first day of the redemption period until reaching 100% and thereafter 100% More than 2 but not more Second anniversary of 100% on and after such second more than 5 years of commencement of Term Rate anniversary of the first day of Period the Term Rate Period redemption period 2 years or less Non-callable Non-callable If, at the time of the Company's notice of a change in the Term Rate Period pursuant to Section 2.02(c2.02(d) of the Authority Indenture, or its notice of Conversion of the Interest Rate Mode for the 2004 Series B Authority Bonds to the Term Rate pursuant to Section 2.02(d) of the Authority Indenture, or, when the Interest Rate Mode for the 2004 Series B Authority Bonds is the Term Rate, at least 35 days prior to the Purchase Date for the 2004 Series B Authority Bonds pursuant to Section 3.01 (b)(i) of the Authority Indenture, the Company provides a certification of the Remarketing Agent to the Authority Trustee and the Authority that the foregoing schedule is not consistent with prevailing market conditions and an opinion of nationally recognized bond counsel that a change in the redemption provisions of the 2004 Series B Authority Bonds will not adversely affect the exclusion from gross income of interest on the 2004 Series B Authority Bonds for Federal income tax purposes, the foregoing redemption periods and redemption prices may be revised effective as of the date of such change in the Term Rate Period, the Conversion Date, or that Purchase Date, as determined by the Remarketing Agent in its judgment, taking into account the then prevailing market conditions, as stipulated in such certification, which shall be appended by the Trustee to its counterpart of this supplemental indenture. Any such revision of redemption periods or redemption prices shall not be considered an amendment of or supplement to this supplemental indenture and shall not require the consent of any other person or entity.
(b) in whole (or in part if, in the opinion of nationally recognized bond counsel, such partial redemption will preserve the exclusion from gross income for Federal income tax purposes of interest on the 2004 Series B Authority Bonds remaining outstanding after such redemption) at any time at 100% of the principal amount thereof to be redeemed, plus interest accrued to the redemption date, within 180 days after a "final determination" (i.e., the issuance of a published or private ruling or technical advice) of the Internal Revenue Service or a judicial decision in a proceeding by any court of competent jurisdiction in the United States (from which ruling, advice or decision no further right of appeal exists), in all cases in which the Company has participated or been a party or has been given an opportunity to participate and has failed to do so (no such decree or judgment by any court or action by the Internal Revenue Service to be considered final unless the owner of the 2004 Series B Authority Bonds involved in such proceeding or action has given the Company and the Authority Trustee prompt written notice of the commencement thereof and offered the Company, at the Company's expense, the opportunity to control the defense thereof) that, as a result of a failure by the Company to observe any covenant, agreement, representation or warranty in the Agreement, the interest payable on the 2004 Series B Authority Bonds is includable in the gross income for Federal income tax purposes of the holder thereof, other than a "substantial user" of the Project or a "related person" as provided in Section 147 (a) of the Internal Revenue Code of 1986, as amended, and the applicable regulations thereunder.
(c) in whole at 100% of the principal amount thereof whenever the Company receives from the Authority Trustee a copy of a written demand sent to the Trustee stating that the principal of all outstanding 2004 Series B Authority Bonds has been declared to be immediately due and payable because of an Event of Default under the Authority Indenture. In such case, redemption of the Bonds of the Pollution Control Series AD shall be any date selected by the Company, not more than 180 days after receipt by the Company of such written demand for redemption.
(d) to the extent that any of the 2004 Series B Authority Bonds shall have become Provider Bonds, (i) on the Provider Bond Redemption Date in an amount equal to the aggregate principal amount of Provider Bonds outstanding at the expiration of the Liquidity Facility at 100% of the principal amount thereof and (ii) in accordance with any other redemption provisions set forth in any applicable Standby Bond Purchase Agreement.1996
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Samples: Supplemental Mortgage (Public Service Electric & Gas Co)