Common use of SELECTION BY TRUSTEE OF DEBENTURES TO BE REDEEMED Clause in Contracts

SELECTION BY TRUSTEE OF DEBENTURES TO BE REDEEMED. If less than all the Debentures are to be redeemed, the particular Debentures to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Debentures not previously called for redemption, on a pro rata basis, in portions equal to $50 (or any integral multiple thereof) of the principal amount of Debentures. If Debentures selected for partial redemption are converted into Common Stock in part before termination of the conversion right with respect to the portion of the Debentures so selected, the converted portion of the Debentures shall be deemed (so far as may be) to be the portion selected for redemption. Debentures (or portions thereof) which have been converted into Common Stock during a selection of Debentures to be redeemed shall be treated by the Trustee as Outstanding for the purpose of such selection. In any case where more than one Debenture is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debenture. The Trustee shall promptly notify the Company in writing of the Debentures selected for redemption and, in the case of any Debentures selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Debentures shall relate, in the case of any Debentures redeemed or to be redeemed only in part, to the portion of the principal amount of the Debentures which has been or is to be redeemed.

SELECTION BY TRUSTEE OF DEBENTURES TO BE REDEEMED. If less than all the Debentures of any series and of like tenor are to be redeemed, the particular Debentures of such series to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Debentures of such series and of like tenor not previously called for redemption, on a pro rata basisby such method as the Trustee shall deem fair and appropriate and which may provide for the selection, in for redemption of portions (equal to $50 (the minimum authorized denomination for Debentures of such series or any integral multiple thereof) of the principal amount of Registered Debentures of such series of a denomination larger than the minimum authorized denomination for Debentures of such series. If so specified in the Debentures of any series, partial redemptions must be in an amount not less than $1,000,000 principal amount of Debentures. If Debentures of any series selected for partial redemption are converted into Common Stock in part before termination of the conversion right with respect to the portion of the Debentures of such series so selected, the converted portion of the Debentures of such series shall be deemed (so far as may be) to be the portion selected for redemption. Debentures (or portions thereof) which have been converted into Common Stock during a selection of Debentures of such series to be redeemed shall be treated by the Trustee as Outstanding for the purpose of such selection. In any case where more than one Debenture of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one DebentureDebenture of such series. The Trustee shall promptly notify the Company in writing of the Debentures of such series selected for redemption and, in the case of any Debentures of such series selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Debentures of any series shall relate, in the case of any Debentures of such series redeemed or to be redeemed only in part, to the portion of the principal amount of the Debentures of such series which has been or is to be redeemed.

SELECTION BY TRUSTEE OF DEBENTURES TO BE REDEEMED. If less than all the Debentures are to be redeemed, the particular Debentures to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Debentures not previously called for redemption, on a by lot or pro rata basis, in or by such other method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions (equal to $50 (1,000 or any integral multiple thereof) of the principal amount of DebenturesDebentures of a denomination larger than $1,000. If Debentures any Debenture selected for partial redemption are is converted into Common Stock in part before termination of the conversion right with respect to the portion of the Debentures Debenture so selected, the converted portion of the Debentures such Debenture shall be deemed (so far as may be) to be the portion selected for redemption. Debentures (or portions thereof) which have been converted into Common Stock during a selection of Debentures to be redeemed shall be treated by the Trustee as Outstanding for the purpose of such selection. In any case where more than one Debenture is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debenture. The Trustee shall promptly notify the Company and each Security Registrar in writing of the Debentures selected for redemption and, in the case of any Debentures selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this the Indenture, unless the context otherwise requires, all provisions relating to the redemption of Debentures shall relate, in the case of any Debentures redeemed or to be redeemed only in part, to the portion of the principal amount of the such Debentures which has been or is to be redeemed.

SELECTION BY TRUSTEE OF DEBENTURES TO BE REDEEMED. If less than all the Debentures are to be redeemed, the Debentures to be redeemed shall be selected by the Trustee in inverse order of maturity. If less than all of the Debentures within a particular maturity are to be redeemed, the particular Debentures to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Debentures within a maturity not previously called for redemption, on a pro rata basis, by lot or in portions equal to $50 (or any integral multiple thereof) of manner deemed by the principal amount of Debentures. If Debentures selected for partial redemption are converted into Common Stock in part before termination of the conversion right with respect to the portion of the Debentures so selected, the converted portion of the Debentures shall be deemed (so far as may be) Trustee to be proper. In case there are Outstanding Debentures of a denomination greater than $1,000, for the portion selected for redemption. Debentures (or purpose of determining by lot the portions thereof) which have been converted into Common Stock during a selection of Debentures to be redeemed shall be treated by the Trustee as Outstanding for the purpose of such selection. In any case where more than one Debenture is registered in the same nameredeemed, the Trustee in its discretion may treat assign numbers to the aggregate principal amount so registered as if it were units of $1,000 represented by one Debenturesuch Outstanding Debentures, or may draw by lot the portions of such Debentures to be redeemed in such other manner as it may determine. The Trustee shall promptly notify the Company in writing of the distinctive numbers of the Debentures which, or portions of which, have been selected for redemption, and the principal amount thereof to be redeemed in the case of Debentures of a denomination greater than $1,000. The Trustee shall promptly notify the Company and each Debenture Registrar in writing of the Debentures selected for redemption and, in the case of any Debentures selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Debentures shall relate, in the case of any Debentures redeemed or to be redeemed only in part, to the portion of the principal amount of the Debentures such Debenture which has been or is to be redeemed.

SELECTION BY TRUSTEE OF DEBENTURES TO BE REDEEMED. If less than all the Debentures are to be redeemedredeemed (unless such redemption affects only a single Debenture), the particular Debentures to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Debentures not previously called for redemption, on a pro rata basis, in by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions (equal to $50 (or any integral multiple thereof) of the principal amount of the Debentures. If Debentures selected for partial redemption are converted into Common Stock in part before termination of , provided, however, that following the conversion right with respect to the portion distribution of the Debentures so selectedto the Holders of Preferred Securities and the Common Securities, the converted portion of the Debentures shall be deemed (so far as may be) to be the portion selected for redemption. Debentures (or portions thereof) which have been converted into Common Stock during redeemed on a selection of Debentures to be redeemed shall be treated by the Trustee as Outstanding for the purpose of such selection. In any case where more than one Debenture is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debenturepro rata basis. The Trustee shall promptly notify the Company in writing of the Debentures selected for redemption as aforesaid and, in the case of any Debentures selected for partial redemptionredemption as aforesaid, the principal amount thereof to be redeemed. The provisions of the two preceding paragraphs shall not apply with respect to any redemption affecting only a single Debenture, whether such Debenture is to be redeemed in whole or in part. In the case of any such redemption in part, the unredeemed portion of the principal amount of the Debenture shall be in an authorized denomination (which shall not be less than the minimum authorized denomination) for such Debenture. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Debentures shall relate, in the case of any Debentures redeemed or to be redeemed only in part, to the portion of the principal amount of the such Debentures which has been or is to be redeemed.

SELECTION BY TRUSTEE OF DEBENTURES TO BE REDEEMED. If less than all the Debentures are to be redeemed, redeemed the particular Debentures to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Debentures not previously called for redemption, on a pro rata basis, in or by lot or by such other method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions (equal to $50 (1,000 or any integral multiple thereof) of the principal amount of DebenturesDebentures of a denomination larger than $1,000. If Debentures any Debenture selected for partial redemption are is converted into Common Stock in part before termination of the conversion right with respect to the portion of the Debentures Debenture so selected, the converted portion of the Debentures such Debenture shall be deemed (so far as may be) to be the portion selected for redemption. Debentures (or portions thereof) which have been converted into Common Stock during a selection of Debentures to be redeemed shall be treated by the Trustee as Outstanding for the purpose of such selection. In any case where more than one Debenture is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debenture. The Trustee shall promptly notify the Company and the Debenture Registrar in writing of the Debentures selected for redemption and, in the case of any Debentures selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Debentures shall relate, in the case of any Debentures redeemed or to be redeemed only in part, to the portion of the principal amount of the Debentures such Debenture which has been or is to be redeemed.

SELECTION BY TRUSTEE OF DEBENTURES TO BE REDEEMED. If less than all the Debentures of any series and of like tenor are to be redeemed, the particular Debentures of such series to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Debentures of such series and of like tenor not previously called for redemption. If the Outstanding Debentures have not been distributed to the Holders of Trust Securities upon a dissolution of the Lodgian Capital Trust (where applicable), on a pro rata basis, in the Debentures to be redeemed may be selected by such method as the Trustee shall deem fair and appropriate and that may provide for the selection of portions (equal to $50 (the minimum authorized denomination for Debentures of such series or any integral multiple thereof) of the principal amount of DebenturesRegistered Debentures of such series of a denomination larger than the minimum authorized denomination for Debentures of such series. If the Outstanding Debentures have been distributed to the Holders of Trust Securities, then the Trustee must redeem the Outstanding Debentures PRO RATA. If Debentures of any series selected for partial redemption are converted into Common Stock in part before termination of the conversion right with respect to the portion of the Debentures Debenture of such series so selected, the converted portion of the Debentures of such series shall be deemed (so far as may be) to be the portion selected for redemption. Debentures (or portions thereof) which that have been converted into Common Stock during a selection of Debentures of such series to be redeemed shall be treated by the Trustee as Outstanding for the purpose of such selection. In any case where more than one Debenture of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one DebentureDebenture of such series. The Trustee shall promptly notify the Company in writing of the Debentures of such series selected for redemption and, in the case of any Debentures of such series selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Debentures of such series of such series shall relate, in the case of any Debentures of such series redeemed or to be redeemed only in part, to the portion of the principal amount of the Debentures which of such series that has been or is to be redeemed.

SELECTION BY TRUSTEE OF DEBENTURES TO BE REDEEMED. If less than all the Debentures are to be redeemed, the particular Debentures to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Debentures not previously called for redemption, on a pro rata basis, in by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions (equal to $50 (1,000.00 or any integral multiple thereof) of the principal amount of DebenturesDebentures of a denomination larger than $1,000.00. If Debentures any Debenture selected for partial redemption are is converted into Common Stock in part before termination of the conversion right with respect to the portion of the Debentures Debenture so selected, the converted portion of the Debentures such Debenture shall be deemed (so far as may be) to be the portion selected for redemption. Debentures (or portions thereof) which have been converted into Common Stock during a selection of Debentures to be redeemed shall be treated by the Trustee as Outstanding for the purpose of such selection. In any case where more than one Debenture is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debenture. The Trustee shall promptly notify the Company and each Debenture Registrar in writing of the Debentures selected for redemption and, in the case of any Debentures selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Debentures shall relate, in the case of any Debentures redeemed or to be redeemed only in part, to the portion of the principal amount of the such Debentures which has been or is to be redeemed.

SELECTION BY TRUSTEE OF DEBENTURES TO BE REDEEMED. If less than all the Debentures of any series and of like tenor are to be redeemedredeemed (unless such redemption affects only a single Debenture), the particular Debentures of such series to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Debentures of such series and of like tenor not previously called for redemption, on a pro rata basisby such method as the Trustee shall deem fair and appropriate and which may provide for the selection, in for redemption of portions (equal to $50 (the minimum authorized denomination for Debentures of such series or any integral multiple thereof) of the principal amount of Registered Debentures of such series of a denomination larger than the minimum authorized denomination for Debentures of such series. If so specified in the Debentures of any series, partial redemptions must be in an amount not less than $1,000,000 principal amount of Debentures. If Debentures of any series selected for partial redemption are converted into Common Stock in part before termination of the conversion right with respect to the portion of the Debentures of such series so selected, the converted portion of the Debentures of such series shall be deemed (so far as may be) to be the portion selected for redemption. Debentures (or portions thereof) which have been converted into Common Stock during a selection of Debentures of such series to be redeemed shall be treated by the Trustee as Outstanding for the purpose of such selection. In any case where more than one Debenture of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one DebentureDebenture of such series. The Trustee shall promptly notify the Company in writing of the Debentures of such series selected for redemption and, in the case of any Debentures of such series selected for partial redemption, the principal amount thereof to be redeemed. The provisions of the two preceding paragraphs shall not apply with respect to any redemption affecting only a single Debenture, whether such Debenture is to be redeemed in whole or in part. In the case of any such redemption in part, the unredeemed portion of the principal amount of the Debenture shall be in an authorized denomination (which shall not be less than the minimum authorized denomination) for such Debenture. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Debentures of any series shall relate, in the case of any Debentures of such series redeemed or to be redeemed only in part, to the portion of the principal amount of the Debentures of such series which has been or is to be redeemed.

SELECTION BY TRUSTEE OF DEBENTURES TO BE REDEEMED. If less than all of the Debentures are to be redeemed, the particular Debentures to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, Trustee from the Outstanding outstanding Debentures not previously called for redemption, on a pro rata basis, basis to the extent practicable or by lot or by such other similar method in accordance with the procedures of the Depositary and which method may provide for the selection for redemption of portions equal to $50 (or any integral multiple thereof) of the principal amount of Debentures. If Debentures selected for ; provided, however, that no such partial redemption are converted into Common Stock in part before termination of the conversion right with respect to shall reduce the portion of the Debentures so selected, the converted portion of the Debentures shall be deemed (so far as may be) to be the portion selected for redemption. Debentures (or portions thereof) which have been converted into Common Stock during a selection of Debentures to be redeemed shall be treated by the Trustee as Outstanding for the purpose of such selection. In any case where more than one Debenture is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debentureof a Debenture not redeemed to less than a minimum denomination of Original Principal Amount of $1,000. The Trustee shall promptly notify the Company and the Debenture Registrar (if other than itself) in writing of the Debentures selected for redemption and, in the case of any Debentures selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Debentures shall relate, in the case of any Debentures redeemed or to be redeemed only in part, to the portion of the principal amount of the such Debentures which has been or is to be redeemed. Unless otherwise specified in or pursuant to this Indenture or the Debentures, if any Debenture selected for partial redemption is exchanged in part before termination of the exchange rights with respect to the portion of the Debenture so selected, the exchanged portion of such Debenture shall be deemed (so far as may be) to be the portion selected for redemption. Debentures which have been exchanged during a selection of Debentures to be redeemed shall be treated by the Trustee as outstanding for the purpose of such selection.

SELECTION BY TRUSTEE OF DEBENTURES TO BE REDEEMED. If -------------------------------------------------- less than all the Debentures are to be redeemed, redeemed the particular Debentures to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Debentures not previously called for redemption, on a pro rata basis, in or by lot or by such other method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions (equal to $50 (1,000 or any integral multiple thereof) of the principal amount of DebenturesDebentures of a denomination larger than $1,000. If Debentures any Debenture selected for partial redemption are is converted into Common Stock in part before termination of the conversion right with respect to the portion of the Debentures Debenture so selected, the converted portion of the Debentures such Debenture shall be deemed (so far as may be) to be the portion selected for redemption. Debentures (or portions thereof) which have been converted into Common Stock during a selection of Debentures to be redeemed shall be treated by the Trustee as Outstanding for the purpose of such selection. In any case where more than one Debenture is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debenture. The Trustee shall promptly notify the Company and the Debenture Registrar in writing of the Debentures selected for redemption and, in the case of any Debentures selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Debentures shall relate, in the case of any Debentures redeemed or to be redeemed only in part, to the portion of the principal amount of the Debentures such Debenture which has been or is to be redeemed.

SELECTION BY TRUSTEE OF DEBENTURES TO BE REDEEMED. If less than all the Debentures of any series are to be redeemed, the particular Debentures to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Debentures of such series not previously called for redemption, on a pro rata basis, in by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions (equal to $50 (the minimum authorized denomination for Debentures of that series or any integral multiple thereof) of the principal amount of DebenturesDebentures of such series of a denomination larger than the minimum authorized denomination for Debentures of that series. If Debentures selected for partial redemption are converted into Common Stock in part before termination of the conversion right with respect to the portion of the Debentures so selected, the converted portion of the Debentures shall be deemed excluded from eligibility for selection for redemption if they are identified by registration and certificate number in a written statement signed by an authorized officer of the Company and delivered to the Debenture Registrar at least 60 days prior to the Redemption Date as being owned of record and beneficially by, and not pledged or hypothecated by either (so far as may bea) to be the portion selected for redemption. Debentures Company or (or portions thereofb) an entity specifically identified in such written statement which have been converted into Common Stock during a selection is an Affiliate of Debentures to be redeemed shall be treated by the Trustee as Outstanding for the purpose of such selection. In any case where more than one Debenture is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one DebentureCompany. The Trustee shall promptly notify the Company in writing of the Debentures selected for redemption and, in the case of any Debentures selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Debentures shall relate, in the case of any Debentures redeemed or to be redeemed only in part, to the portion of the principal amount of the such Debentures which has been or is to be redeemed.

SELECTION BY TRUSTEE OF DEBENTURES TO BE REDEEMED. If less than all the Debentures of any series and of like tenor are to be redeemed, the particular Debentures of such series to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Debentures of such series and of like tenor not previously called for redemption. If the Outstanding Debentures have not been distributed to the Holders of Trust Securities upon a dissolution of the Federal-Mogul Trust (where applicable), on a pro rata basis, in the Debentures to be redeemed may be selected by such method as the Trustee shall deem fair and appropriate and that may provide for the selection of portions (equal to $50 (the minimum authorized denomination for Debentures of such series or any integral multiple thereof) of the principal amount of DebenturesRegistered Debentures of such series of a denomination larger than the minimum authorized denomination for Debentures of such series. If the Outstanding Debentures have been distributed to the Holders of Trust Securities, then the Trustee must redeem the Outstanding Debentures pro rata. If Debentures of any series selected for partial redemption are converted into Common Stock in part before termination of the conversion right with respect to the portion of the Debentures Debenture of such series so selected, the converted portion of the Debentures of such series shall be deemed (so far as may be) to be the portion selected for redemption. Debentures (or portions thereof) which that have been converted into Common Stock during a selection of Debentures of such series to be redeemed shall be treated by the Trustee as Outstanding for the purpose of such selection. In any case where more than one Debenture of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one DebentureDebenture of such series. The Trustee shall promptly notify the Company in writing of the Debentures of such series selected for redemption and, in the case of any Debentures of such series selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Debentures of such series of such series shall relate, in the case of any Debentures of such series redeemed or to be redeemed only in part, to the portion of the principal amount of the Debentures which of such series that has been or is to be redeemed.

SELECTION BY TRUSTEE OF DEBENTURES TO BE REDEEMED. If less than all the Debentures of any series and of like tenor are to be redeemed, the particular Debentures of such series to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Debentures of such series and of like tenor not previously called for redemption. If the Outstanding Debentures have not been distributed to the Holders of Trust Securities upon a dissolution of the "K N Trust" (where applicable), on a pro rata basis, in the Debentures to be redeemed may be selected by such method as the Trustee shall deem fair and appropriate and which may provide for the selection of portions (equal to $50 (the minimum authorized denomination for Debentures of such series or any integral multiple thereof) of the principal amount of DebenturesRegistered Debentures of such series of a denomination larger than the minimum authorized denomination for Debentures of such series. If the Outstanding Debentures selected for partial redemption are converted into Common Stock in part before termination of the conversion right with respect have been distributed to the portion Holders of Trust Securities, then the Trustee must redeem the Outstanding Debentures pro rata. If so specified in the Debentures so selectedof any series, the converted portion of the Debentures shall partial redemptions must be deemed (so far as may be) to be the portion selected for redemption. Debentures (or portions thereof) which have been converted into Common Stock during a selection of Debentures to be redeemed shall be treated by the Trustee as Outstanding for the purpose of such selection. In any case where more in an amount not less than one Debenture is registered in the same name, the Trustee in its discretion may treat the aggregate $100,000 principal amount so registered as if it were represented by one Debentureof Debentures. The Trustee shall promptly notify the Company in writing of the Debentures of such series selected for redemption and, in the case of any Debentures of such series selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Debentures of such series of shall relate, in the case of any Debentures of such series redeemed or to be redeemed only in part, to the portion of the principal amount of the Debentures of such series which has been or is to be redeemed.. 61