Common use of Selection and Conversion of Notes to Be Redeemed in Part Clause in Contracts

Selection and Conversion of Notes to Be Redeemed in Part. (i) If less than all Notes then outstanding are called for Redemption, then the Notes to be redeemed will be selected as follows: (1) in the case of Global Notes, in accordance with the Depositary Procedures; and (2) in the case of Physical Notes, pro rata, by lot or by such other method the Trustee considers fair and appropriate. (ii) If only a portion of a Note is subject to Redemption and such Note is converted in part, then the converted portion of such Note will be deemed to be from the portion of such Note that was subject to Redemption.

Appears in 14 contracts

Samples: Indenture (Rivian Automotive, Inc. / DE), Indenture (Mirum Pharmaceuticals, Inc.), Indenture (Rivian Automotive, Inc. / DE)

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Selection and Conversion of Notes to Be Redeemed in Part. (i) If less than all Notes then outstanding are called for Redemption, then then: (i) the Notes to be redeemed will be selected by the Company as follows: (1) in the case of Global Notes, in accordance with the Depositary Procedures; and (2) in the case of Physical Notes, pro rata, by lot or by such other method the Trustee Company considers fair and appropriate.; and (ii) If if only a portion of a Note is subject to Redemption and such Note is converted in part, then the converted portion of such Note will be deemed to be from the portion of such Note that was subject to Redemption.

Appears in 13 contracts

Samples: Indenture (Lemaitre Vascular Inc), Indenture (Maxeon Solar Technologies, Ltd.), Indenture (Maxeon Solar Technologies, Ltd.)

Selection and Conversion of Notes to Be Redeemed in Part. (i) If less than all Notes then outstanding are called for Redemption, then the Notes to be redeemed will be selected by the Company as follows: (1) in the case of Global Notes, in accordance with the Depositary Procedures; and (2) in the case of Physical Notes, pro rata, by lot or by such other method the Trustee Company considers fair and appropriate. (ii) If only a portion of a Note is subject to Redemption and such Note is converted in part, then the converted portion of such Note will be deemed to be from the portion of such Note that was subject to Redemption.

Appears in 6 contracts

Samples: Indenture (Winnebago Industries Inc), First Supplemental Indenture (Nikola Corp), Indenture (Envista Holdings Corp)

Selection and Conversion of Notes to Be Redeemed in Part. (i) If less than all Notes then outstanding are called for Redemption, then the Notes to be redeemed will be selected by the Company as follows: (1) in the case of Global Notes, in accordance with the Depositary Procedures; and (2) in the case of Physical Notes, pro rata, by lot or by such other method the Trustee Company considers fair and appropriate. (ii) If only a portion of a Note is subject to Redemption and such Note is converted Converted in part, then the converted Converted portion of such Note will be deemed to be from the portion of such Note that was subject to Redemption.

Appears in 4 contracts

Samples: Indenture (Guidewire Software, Inc.), Indenture (Core Scientific, Inc./Tx), Indenture (Ani Pharmaceuticals Inc)

Selection and Conversion of Notes to Be Redeemed in Part. (i) If less fewer than all Notes then outstanding are called for Redemption, then the Notes to be redeemed will be selected as follows: (1) in the case of Global Notes, in accordance with the Depositary Procedures; and (2) in the case of Physical Notes, pro rata, by lot or by such other method the Trustee considers fair and appropriate. (ii) If only a portion of a Note is subject to Redemption and such Note is converted in part, then the converted portion of such Note will be deemed to be from the portion of such Note that was subject to Redemption.

Appears in 3 contracts

Samples: Indenture (Rocket Lab USA, Inc.), Indenture (Cerevel Therapeutics Holdings, Inc.), Indenture (Luminar Technologies, Inc./De)

Selection and Conversion of Notes to Be Redeemed in Part. (i) If less than all Notes then outstanding are called for Redemption, then then: (i) the Notes to be redeemed will be selected by the Company as follows: (1) in the case of Global Notes, in accordance with the Depositary Procedures; and (2) in the case of Physical Notes, pro rata, by lot or by such other method the Trustee considers fair and appropriate.; and (ii) If if only a portion of a Note is subject to Redemption and such Note is converted in part, then the converted portion of such Note will be deemed to be from the portion of such Note that was subject to Redemption.

Appears in 3 contracts

Samples: Indenture (Kadmon Holdings, Inc.), Indenture (Guardant Health, Inc.), Indenture (K12 Inc)

Selection and Conversion of Notes to Be Redeemed in Part. (i) If less than all Notes then outstanding are called for Redemption, then then: (i) the Notes to be redeemed will be selected by the Company as follows: (1) in the case of Global Notes, in accordance with the Depositary Procedures; and (2) in the case of Physical Notes, pro rata, by lot or by such other method the Trustee considers fair and appropriate.; and (ii) If if only a portion of a Note is subject to Redemption and such Note is converted in part, then the converted portion of such Note will be deemed to be from the portion of such Note that was subject to Redemption.

Appears in 2 contracts

Samples: Indenture (Innoviva, Inc.), Indenture (Airbnb, Inc.)

Selection and Conversion of Notes to Be Redeemed in Part. (i) If less than all Notes then outstanding are called for Redemption, then then: (i) the Notes to be redeemed will be selected as follows: (1) in the case of Global Notes, in accordance with the Depositary Procedures; and (2) in the case of Physical Notes, pro rata, rata or by lot or by such other method the Trustee considers fair and appropriate.; and (ii) If if only a portion of a Note is subject to Redemption and such Note is converted in part, then the converted portion of such Note will be deemed to be from the portion of such Note that was subject to Redemption.

Appears in 2 contracts

Samples: Indenture (Cytokinetics Inc), Indenture (DigitalOcean Holdings, Inc.)

Selection and Conversion of Notes to Be Redeemed in Part. (i) If less than all Notes then outstanding are called for Redemption, then then: (i) the Notes to be redeemed will be selected as follows: : (1) in the case of Global Notes, in accordance with the Depositary Procedures; and (2) in the case of Physical Notes, pro rata, by lot or by such other method the Trustee considers fair and appropriate.; and (ii) If if only a portion of a Note is subject to Redemption and such Note is converted in part, then the converted portion of such Note will be deemed to be from the portion of such Note that was subject to Redemption.

Appears in 2 contracts

Samples: Indenture (Orthopediatrics Corp), Purchase Agreement (Orthopediatrics Corp)

Selection and Conversion of Notes to Be Redeemed in Part. (i) If less than all Notes then outstanding are called for Redemption, then the Notes to be redeemed will be selected by the Company as follows: (1) in the case of Global Notes, in accordance with the Depositary Procedures; and (2) in the case of Physical Notes, pro rata, by lot or by such other method the Trustee considers fair and appropriate.; and (ii) If only a portion of a Note is subject to Redemption and such Note is converted in part, then the converted portion of such Note will be deemed to be from the portion of such Note that was subject to Redemption.

Appears in 2 contracts

Samples: Indenture (Progress Software Corp /Ma), Indenture (Beyond Meat, Inc.)

Selection and Conversion of Notes to Be Redeemed in Part. (i) If less than all Notes then outstanding are called for Redemption, then then: (i) the Notes to be redeemed will be selected as follows: (1) in the case of Global Notes, in accordance with the Depositary Procedures; and (2) in the case of Physical Notes, pro rata, by lot or by such other method the Trustee Company considers fair and appropriate.appropriate and in accordance with the applicable procedures of the Depositary; and (ii) If if only a portion of a Note is subject to Redemption and such Note is converted in part, then the converted portion of such Note will be deemed to be from the portion of such Note that was subject to Redemption.

Appears in 1 contract

Samples: Indenture (Bloomin' Brands, Inc.)

Selection and Conversion of Notes to Be Redeemed in Part. (i) If less than all Notes then outstanding are called for Redemption, then the Notes to be redeemed will be selected by the Company as follows: : (1) in the case of Global Notes, in accordance with the Depositary Procedures; and (2) in the case of Physical Notes, pro rata, by lot or by such other method the Trustee Company considers fair and appropriate. (ii) If only a portion of a Note is subject to Redemption and such Note is converted Converted in part, then the converted Converted portion of such Note will be deemed to be from the portion of such Note that was subject to Redemption.. (H)

Appears in 1 contract

Samples: Indenture (Core Scientific, Inc./Tx)

Selection and Conversion of Notes to Be Redeemed in Part. (i) If less than all Notes then outstanding are called for Redemption, then then: (i) the Notes to be redeemed will be selected by the Company as follows: (1) in the case of Global Notes, in accordance with the Depositary Procedures; and (2) in the case of Physical Notes, by the Trustee by lot, on a pro rata, by lot rata basis or by such other method the Trustee considers fair and appropriate.; and (ii) If if only a portion of a Note is subject to Redemption and such Note is converted in part, then the converted portion of such Note will be deemed to be from the portion of such Note that was subject to Redemption.

Appears in 1 contract

Samples: Indenture (PetIQ, Inc.)

Selection and Conversion of Notes to Be Redeemed in Part. (i) If less than all Notes then outstanding are called for Redemption, then the Notes to be redeemed will be selected by the Company as follows: (1) in the case of Global Notes, in accordance with the Depositary Procedures; and (2) in the case of Physical Notes, pro rata, by lot or by such other method the Trustee considers fair and appropriate.; and (ii) If only a portion of a Note is subject to Redemption (including as a result of a Tax Redemption Opt-Out Election Notice that applies to only a portion of such Note) and such Note is converted in part, then the converted portion of such Note will be deemed to be from the portion of such Note that was subject to Redemption.

Appears in 1 contract

Samples: Indenture (Imax Corp)

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Selection and Conversion of Notes to Be Redeemed in Part. (i) If less than all Notes then outstanding are called for Redemption, then the Notes to be redeemed will be selected as follows: (1) in the case of Global Notes, in accordance with the Depositary Procedures; and (2) in the case of Physical Notes, pro rata, by lot or by such other method the Trustee Company considers fair and appropriate. (ii) If only a portion of a Note is subject to Redemption and such Note is converted in part, then the converted portion of such Note will be deemed to be from the portion of such Note that was subject to Redemption.

Appears in 1 contract

Samples: Indenture (Marti Technologies, Inc.)

Selection and Conversion of Notes to Be Redeemed in Part. (i) If less than all Notes then outstanding are called for Redemption, then then: (i) the Notes to be redeemed will be selected as follows: (1) in the case of Global Notes, in accordance with the Depositary Procedures; and (2) in the case of Physical Notes, pro rata, by lot or by such other method the Trustee considers fair and appropriate.; and (ii) If if only a portion of a Note is subject to Redemption and such Note is converted in part, then the converted portion of such Note will be deemed to be from the portion of such Note that was subject to Redemption.

Appears in 1 contract

Samples: Indenture (BigCommerce Holdings, Inc.)

Selection and Conversion of Notes to Be Redeemed in Part. (i) If less than all Notes then outstanding are called for Redemption, then then: (i) the Notes to be redeemed will be selected as follows: (1) in the case of Global Notes, in accordance with the Depositary Procedures; and (2) in the case of Physical Notes, pro rata, by lot or by such other method the Trustee considers fair and appropriate.; and (ii) If if only a portion of a Note is subject to Redemption and such Note is converted in part, then the converted portion of such Note will be deemed to be from the portion of such Note that was subject to Redemption.

Appears in 1 contract

Samples: Indenture (Alphatec Holdings, Inc.)

Selection and Conversion of Notes to Be Redeemed in Part. (i) If less than all Notes then outstanding are called for Redemption, then the Notes to be redeemed will be selected by the Company as follows: (1) in the case of Global Notes, in accordance with the Depositary Procedures; and (2) in the case of Physical Notes, pro rata, by lot or by such other method the Trustee Company considers fair and appropriate.; and (ii) If only a portion of a Note is subject to Redemption and such Note is converted in part, then the converted portion of such Note will be deemed to be from the portion of such Note that was subject to Redemption.

Appears in 1 contract

Samples: Indenture (Cracker Barrel Old Country Store, Inc)

Selection and Conversion of Notes to Be Redeemed in Part. (i) If less than all Notes then outstanding are called for Redemption, then the Notes to be redeemed will be selected by the Company as follows: (1) in the case of Global Notes, in accordance with the Depositary Procedures; and (2) in the case of Physical Notes, pro rata, by lot or by such other method the Trustee Company considers fair and appropriate. (ii) If only a portion of a Note is subject to Redemption and such Note is converted in partpart (subject to the Depositary Procedures), then the converted portion of such Note will be deemed to be from the portion of such Note that was subject to Redemption.

Appears in 1 contract

Samples: Indenture (Collegium Pharmaceutical, Inc)

Selection and Conversion of Notes to Be Redeemed in Part. (i) If less than all Notes then outstanding are called for Redemption, then the Notes to be redeemed will be selected by the Company as follows: (1) in the case of Global Notes, in accordance with the Depositary Procedures; and (2) in the case of Physical Notes, pro rata, by lot or by such other method the Trustee Company considers fair and appropriateappropriate and instructs the Trustee. (ii) If only a portion of a Note is subject to Redemption and such Note is converted in part, then the converted portion of such Note will be deemed to be from the portion of such Note that was subject to Redemption.

Appears in 1 contract

Samples: Indenture (Air Transport Services Group, Inc.)

Selection and Conversion of Notes to Be Redeemed in Part. (i) If less fewer than all Notes then outstanding are called for Redemption, then the Notes to be redeemed will be selected as follows: : (1) in the case of Global Notes, in accordance with the Depositary Procedures; and (2) in the case of Physical Notes, pro rata, by lot or by such other method the Trustee considers fair and appropriate. (ii) If only a portion of a Note is subject to Redemption and such Note is converted in part, then the converted portion of such Note will be deemed to be from the portion of such Note that was subject to Redemption.

Appears in 1 contract

Samples: Second Lien Indenture (Luminar Technologies, Inc./De)

Selection and Conversion of Notes to Be Redeemed in Part. (i) If less than all Notes then outstanding are called for Redemption, then the Notes to be redeemed will be selected as follows: the (1) in the case of Global Notes, in accordance with the Depositary Procedures; and (2) in the case of Physical Notes, pro rata, by lot or by such other method the Trustee considers fair and appropriate. ; and (ii) If only a portion of a Note is subject to Redemption and such Note is converted in part, then the converted portion of such Note will be deemed to be from the portion of such Note that was subject to Redemption.. (H)

Appears in 1 contract

Samples: Indenture (Progress Software Corp /Ma)

Selection and Conversion of Notes to Be Redeemed in Part. (i) If less than all Notes then outstanding are called for Redemption, then the Notes to be redeemed will be selected as follows: (1) in the case of Global Notes, in 20090164 |US-DOCS\140348310.5|| | 12:50| accordance with the Depositary Procedures; and (2) in the case of Physical Notes, pro rata, by lot or by such other method the Trustee considers fair and appropriate. (ii) If only a portion of a Note is subject to Redemption and such Note is converted in part, then the converted portion of such Note will be deemed to be from the portion of such Note that was subject to Redemption.

Appears in 1 contract

Samples: Indenture (Stem, Inc.)

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