Refunding of Notes Sample Clauses

Refunding of Notes. Upon compliance with the terms and ------------------- conditions of this Article XII, including without limitation the satisfaction of the conditions set forth in Section 12.02 hereof, and of Section 2.12 of the Indenture, Lessee shall have the right to request Owner Trustee to, and upon such request Owner Participant, Owner Trustee and Indenture Trustee shall cooperate in good faith to, take such steps as may be necessary to refund all or any portion of the Series B Notes then outstanding (the "Refunded Notes") on not more than one occasion (exclusive of (i) any Mandatory Refinancing described in Section 10.01, or any other refinancing of the Series A Notes subsequent to the Mandatory Refinancing Date, (ii) any refinancing of any financing arranged by Agent pursuant to Section 10.01(c) or (d) and (iii) any refinancing of the Series F Notes or the Series G Notes) through the issuance and sale in the public or private market of other notes (the "Refunding Notes") in an aggregate principal amount which shall be equal to the unpaid principal amount of the Refunded Notes, plus up to 1% of such unpaid principal amount to cover expenses, the proceeds of such issuance and sale to be applied to prepay the principal amount of such outstanding Refunded Notes and, to the extent available, expenses in connection with such refunding. Subject to the limitations set forth in Section 12.02, the amortization or sinking fund schedules for the Refunding Notes may be different from such schedules for the Refunded Notes. As a condition to such refunding, Lessee will be liable for, and shall pay, on an After-Tax Basis, the reasonable out-of-pocket expenses incurred by Owner Trustee, Indenture Trustee and Owner Participant in connection with such refunding (whether or not such refunding shall be consummated, so long as the failure to consummate such refunding does not result solely from a default by Owner Participant in its obligations hereunder).
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Refunding of Notes. 55 SECTION 12.02. Cooperation; Conditions.............................. 55 SECTION 12.03. Notice............................................... 56 SECTION 12.04. Rights of Parties.................................... 57 ARTICLE XIII Reoptimization of Rent.................................................. 57 SECTION 13.01. Lease Rental and other Adjustments on the Commencement Date.................................... 57 SECTION 13.02. Lease Rental and other Adjustments Subsequent to Commencement Date...................... 58 SECTION 13.03. Confirmation of Adjustments; Further Assurances........................................... 59 SECTION 13.04. Compliance with Code................................. 60 ARTICLE XIV Transfer of Owner Participant's Interest................................ 60 SECTION 14.01. Restrictions on Transfers............................ 60 SECTION 14.02.
Sample 1
Refunding of Notes. 67 Section 12.02. Cooperation; Conditions..................................... 68 Section 12.03. Notice...................................................... 69 Section 12.04. Rights of Parties........................................... 70 Section 12.05. Owner Participant's Reoptimization Rights................... 70 ARTICLE XIII TRANSFER OF OWNER PARTICIPANT'S INTEREST.................... 70
Sample 1
Refunding of Notes. Upon compliance with the terms and conditions of this Section 15, including, without limitation, the satisfaction of the conditions set forth in Section 15.2 and in Section 3.05(a) of the Indenture, the Lessee shall have the right, at its option and expense, on two occasions prior to the expiration of the Lease Term to cause the Lessor to refund or refinance (a “Refunding”) all of the Notes then Outstanding (the “Refunded Notes”) through the issuance and sale in the public or private market of one or more additional series of Notes (the “Refunding Notes”), in an aggregate principal amount which shall be equal to the unpaid principal amount of the Refunded Notes plus any accrued and unpaid interest on the Refunded Notes not paid by the Lessee as contemplated in clause (d) of this Section 15.1, the proceeds of such issuance and sale to be applied to prepay or redeem the principal amount of such Refunded Notes. The Lessee’s right to refund or refinance the Notes is subject to the following conditions:
Sample 1

Related to Refunding of Notes

  • Ranking of Notes No Indebtedness of the Company, at the Closing, will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise.

  • Offering of Notes Neither the Company nor any agent acting on its behalf has, directly or indirectly, offered the Notes or any similar security of the Company for sale to, or solicited any offers to buy the Notes or any similar security of the Company from, or otherwise approached or negotiated with respect thereto with, any Person other than institutional investors, and neither the Company nor any agent acting on its behalf has taken or will take any action which would subject the issuance or sale of the Notes to the provisions of Section 5 of the Securities Act or to the provisions of any securities or Blue Sky law of any applicable jurisdiction.

  • Redemption of Notes Section 10.01. Redemption...................................................................53 Section 10.02. Form of Redemption Notice....................................................54 Section 10.03. Notes Payable on Redemption Date.............................................54

  • Acceleration of Notes If payment of the Notes is accelerated because of an Event of Default, the Company shall promptly notify holders of Senior Debt of the acceleration.

  • Repayment of Notes Each of the parties hereto agrees that all repayments of the Notes (including any accrued interest thereon) by the Company (other than by conversion of the Notes) will be paid pro rata to the holders thereof based upon the principal amount then outstanding to each of such holders.

  • Prepayment of Notes No prepayment of the Notes may be made except to the extent and in the manner expressly provided in this Agreement.

  • Purchase of Notes as Principal (a) Subject in all respects to the terms and conditions of the Distribution Agreement, the Trust hereby agrees to sell to the Purchasing Agent and the Purchasing Agent hereby agrees to purchase the Notes having the terms specified in the Pricing Supplement relating to such Notes.

  • Optional Redemption of Notes Prior to the Par Call Date, the Company may redeem the Notes at its option, in whole or in part, at a redemption price (expressed as a percentage of principal amount and rounded to three decimal places) (the “Redemption Price”) equal to the greater of (i) (a) the sum of the present values of the remaining scheduled payments of principal and interest thereon discounted to the Redemption Date (assuming the Notes matured on the Par Call Date) on a semi-annual basis (assuming a 360-day year consisting of twelve 30-day months) at the Treasury Rate plus 25 basis points less (b) interest accrued to but excluding the Redemption Date; and (ii) 100% of the principal amount of the Notes; plus, in either case, accrued and unpaid interest thereon to the Redemption Date. Notwithstanding the foregoing, if the Notes are redeemed on or after the Par Call Date, the Company may redeem the Notes, in whole or in part, at any time or from time to time, at a Redemption Price equal to 100% of the principal amount of the Notes being redeemed plus accrued and unpaid interest thereon to the Redemption Date. Notwithstanding the foregoing, if the Redemption Date falls after a Record Date and on or prior to the corresponding Interest Payment Date, the Company will pay the full amount of accrued and unpaid interest, if any, on such Interest Payment Date to the Holder of record at the close of business on the corresponding Record Date (instead of the Holder surrendering its Notes for redemption). The Company shall not redeem the Notes pursuant to this Section 4.1 if on any date the principal amount of the Notes has been accelerated, and such acceleration has not been rescinded or cured on or prior to such date. The Company’s actions and determinations in determining the Redemption Price shall be conclusive and binding for all purposes, absent manifest error.

  • Purchase of Notes By Principal Life Principal Life may purchase some or all of the Notes in the open market or otherwise at any time, and from time to time. Simultaneously, upon such purchase, (1) the purchased Notes shall, by their terms become mandatorily redeemable by the Trust as specified in the related Pricing Supplement, Prospectus Supplement and/or Prospectus and (2) the Fund under this Agreement shall be permanently reduced by the same percentage as the principal amount of the Notes so redeemed bears to the sum of (i) the aggregate principal amount of all Notes issued and outstanding immediately prior to such redemption and (ii) the principal amount of the Trust Beneficial Interest related to such Notes. If Principal Life, in its sole discretion, engages in such open market or other purchases, then the Trust, the Indenture Trustee in respect of such Notes, and Principal Life shall take actions (including, in the case of Principal Life, making the payment(s) necessary to effect the Trust’s redemption of such Notes) as may be necessary or desirable to effect the cancellation of such Notes by the Trust.

  • Notice of Optional Redemption; Selection of Notes (a) In case the Company exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 16.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not less than 5 Business Days prior to the date such Redemption Notice is to be sent (or such shorter period of time as may be acceptable to the Trustee), the Trustee, in the name of and at the expense of the Company, shall deliver or cause to be delivered a notice of such Optional Redemption (a “Redemption Notice”) not less than 35 nor more than 60 Trading Days prior to the Redemption Date to each Holder of Notes so to be redeemed as a whole or in part; provided, however, that if the Company shall give such notice, it shall also give written notice of the Redemption Date to the Trustee, the Conversion Agent (if other than the Trustee) and the Paying Agent (if other than the Trustee). The Redemption Date must be a Business Day. The Company may not specify a Redemption Date that falls on or after the 31st Scheduled Trading Day immediately preceding the Maturity Date.

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