Common use of Selection by Trustee of Notes to Be Redeemed Clause in Contracts

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemption, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Notes not previously called for redemption, in compliance with the requirements of the principal securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, 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 of the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than U.S. $1,000. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes 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 redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 6 contracts

Samples: Pooling Agreement (Bunge LTD), Pooling Agreement (Bunge LTD), Pooling Agreement (Bunge LTD)

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Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemptionthe election of the Company, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, Trustee from the outstanding Outstanding Notes not previously called for redemptionredemption by the Trustee in the following manner: (1) if the Notes are listed, in compliance with the requirements of the principal national securities exchange, if any, exchange on which such the Notes are listed, listed or, ; (2) if such the Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate and which may provide basis subject to adjustment for the selection for redemption of minimum denomination. The portions of the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Notes so selected for partial redemption shall be equal to the minimum authorized denominations for Notes pursuant to Section 2.01(a) in the currency in which the Notes are denominated or any integral multiple thereof. In any case when more than one Note not redeemed to less than U.S. $1,000is 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 Note. The Trustee shall promptly notify the Company and the Depositary in writing of the Notes selected for redemption and, in the case of any Notes 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 Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 6 contracts

Samples: Scotts Miracle-Gro Co, Scotts Miracle-Gro Co, Scotts Miracle-Gro Co

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemptionredeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than U.S. $1,000. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes 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 redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 6 contracts

Samples: Indenture (Randalls Food Markets Inc), Indenture (Kindercare Learning Centers Inc /De), Indenture (KCLC Acquisition Corp)

Selection by Trustee of Notes to Be Redeemed. If Except as may be otherwise specified in a Supplemental Indenture with respect to a series of Notes thereby created, if less than all of the Outstanding Notes of any series are to be redeemed at any time pursuant to an optional redemptionredeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, Trustee from the outstanding Outstanding Notes of that series not previously called for redemptionredemption so that, to the maximum extent possible taking into account redemption of Notes in compliance with $5,000 increments approximately equal percentages of each Stated Maturity of Notes of such series will be redeemed. If less than all Notes of a series and a Stated Maturity are to be redeemed, the requirements of the principal securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, Trustee shall select by lot or by in such other method manner as the Trustee shall deem fair and appropriate the particular Notes of such Stated Maturity and which series to be redeemed. The Trustee may provide for the selection for redemption of portions of the principal of Notes in the Notes; provided, however, that no such partial redemption shall reduce denomination larger than $5,000 or the portion smallest authorized denomination of the principal amount Notes of a Note not redeemed to less than U.S. $1,000that series or an integral multiple thereof. The Trustee shall promptly notify the Company Corporation and any Paying Agent in writing of the Notes selected for redemption and, in the case of any Notes Note selected for partial redemption, the principal amount Principal Amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 5 contracts

Samples: Participation Agreement (Education Loans Inc /De), Please Insert Social Security (Education Loans Inc /De), Please Insert Social Security (Education Loans Inc /De)

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemption, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Notes not previously called for redemption, in compliance with the requirements of the principal securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of the Notes; provided, however, that no such Notes selected for partial redemption shall reduce the portion be in denominations of the principal amount of a Note not redeemed to less than U.S. $1,0001,000 and integral multiples thereof. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the method it has chosen for the selection of Notes and the principal amount thereof to be redeemedredeemed and upon the Company’s written approval of such selection, the Trustee shall redeem the selected Notes. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 4 contracts

Samples: Indenture (Aar Corp), Indenture (Aar Corp), Indenture (PSS World Medical Inc)

Selection by Trustee of Notes to Be Redeemed. If In the event that less than all of the Notes are to be redeemed at any time pursuant to an optional redemptiona redemption made pursuant to paragraph 6 of the Notes, selection of the particular Notes to be redeemed for redemption shall be selected not more than 60 days prior to the Redemption Date made by the Trustee, from the outstanding Notes not previously called for redemption, Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed, listed or, if such the Notes are not so listedthen listed on a national security exchange, on a pro rata basis, 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 of the principal of the Notesappropriate; provided, however, that no such partial redemption shall reduce the portion Notes of the a principal amount of a Note not $2,000 or less shall be redeemed to less than U.S. $1,000in part. The Trustee shall promptly notify the Company in writing Issuer of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, Indenture unless the context otherwise requires, all provisions relating of this Indenture that apply to Notes called for redemption also apply to portions of Notes shall relatecalled for redemption. The Issuer may acquire Notes by means other than redemption, in whether pursuant to an Issuer tender offer, open market purchase or otherwise; provided such acquisition does not otherwise violate the case other terms of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemedthis Indenture.

Appears in 4 contracts

Samples: M/I Homes, Inc., Indenture (M I Homes Inc), M/I Homes, Inc.

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemptionredeemed, the particular selection of such Notes to be redeemed for redemption shall be selected made by the Trustee not more than 60 days prior to the Redemption Date by the TrusteeDate, from the outstanding Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion Notes of the principal amount of a Note not redeemed to less than U.S. $1,0001,000 shall be redeemed in part. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes 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 redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 4 contracts

Samples: Registration Rights Agreement (Alliance Imaging Inc /De/), Registration Rights Agreement (Alliance Imaging Inc /De/), Indenture (NXS I LLC)

Selection by Trustee of Notes to Be Redeemed. If less than all of the Notes of any series are to be redeemed at any time pursuant to an optional redemptionredeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Outstanding Notes of such series not previously called for redemption, in compliance with the requirements of the principal securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, 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 the minimum authorized denomination for Notes of the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion series or any integral multiple thereof) of the principal amount of Notes of such series of a Note not redeemed to less denomination larger than U.S. $1,000the minimum authorized denomination for Notes of that series. The Trustee shall promptly notify the Company and the Security Registrar (if other than itself) in writing of the Notes selected for redemption and, in the case of any Notes 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 Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 4 contracts

Samples: Carramerica Realty Corp, Carramerica Realty Corp, Indenture (Carramerica Realty Corp)

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemptionredeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed, listed or, if such the Notes are not so listed, then on a pro rata basisbasis (or, in the case of Global Notes, Notes will be selected for redemption using the method prescribed by lot or by such other method as the Trustee shall deem fair and appropriate DTC), and which may provide for the selection for redemption of portions of the principal of the Notes; provided, however, that no such partial redemption shall reduce the a portion of the principal amount of a Note not redeemed to less than U.S. $1,000. The Trustee shall promptly notify any Notes, provided that the Company in writing unredeemed portion of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to of any Note shall be redeemedin an authorized denomination (which shall not be less than the minimum authorized denomination) for such Note. For all purposes of this the Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note Notes redeemed or to be redeemed only in part, to the portion of the principal amount of such Note Notes which has been or is to be redeemed.

Appears in 3 contracts

Samples: Supplemental Indenture (Concho Resources Inc), Fourteenth Supplemental Indenture (Concho Resources Inc), Supplemental Indenture (Concho Resources Inc)

Selection by Trustee of Notes to Be Redeemed. If less than all Unless otherwise specified for Notes of any series in the applicable Notes Supplemental Indenture, as contemplated by Section 301, in the case of any partial redemption, selection of the Notes are to for redemption will be redeemed at any time pursuant to an optional redemption, made by the particular Notes to be redeemed shall be selected Trustee not more than 60 days prior to the Redemption Date by (except that such notice may be delivered more than 60 days prior to the Trustee, from Redemption Date if the outstanding Notes not previously called for redemption, Redemption Date is delayed as provided in compliance with the requirements Section 6 of the principal securities exchange, if any, on which such applicable Notes are listed, or, if such Notes are not so listed, Supplemental Indenture) on a pro rata basis, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate and which may provide for the selection for redemption appropriate, in integral multiples of portions $1,000, although no Note of the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion of the $2,000 in original principal amount of a Note not or less will be redeemed to less than U.S. $1,000in part. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes Note selected for partial redemption, the principal amount thereof to be redeemed. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which that has been or is to be redeemed.

Appears in 3 contracts

Samples: Core & Main, Inc., Indenture (Nci Building Systems Inc), Us Foods, Inc.

Selection by Trustee of Notes to Be Redeemed. If less than all Unless otherwise specified for Notes of any series in the applicable Notes Supplemental Indenture as contemplated by Section 2.2, in the case of any partial redemption, selection of the Notes are to for redemption will be redeemed at any time pursuant to an optional redemption, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date made by the Trustee, from the outstanding Notes not previously called for redemption, Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed, listed or, if such the Notes are not so listed, then on as nearly a pro rata basis, basis as possible or by lot or by such other similar method in accordance with the Applicable Procedures (subject to such rounding as may be necessary so that Notes are redeemed in whole increments of $1,000 and no Note of $2,000 in principal amount or less shall be redeemed in part), and in accordance with the Trustee shall deem fair and appropriate and which may provide for Applicable Procedures. If any Note is to be redeemed in part only, the selection for notice of redemption of portions of the principal of the Notes; provided, however, that no relating to such partial redemption shall reduce Note will state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of a the Holder thereof upon cancellation of the original Note not redeemed to less than U.S. $1,000in accordance with Section 5.8. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes 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 redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 3 contracts

Samples: Indenture (F&G Annuities & Life, Inc.), Supplemental Indenture (FGL Holdings), Indenture (Fidelity & Guaranty Life)

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes of any series, or any Tranche thereof, are to be redeemed at any time pursuant to an optional redemptionredeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, Trustee from the outstanding Outstanding Notes of such series or Tranche, not previously called for redemption, in compliance with the requirements of the principal securities exchange, if any, on which by such Notes are listed, method as shall be provided for any particular series or, if in the absence of any such Notes are not so listed, on a pro rata basisprovision, by lot or by such other method of random selection as the Trustee shall deem fair and appropriate and which may may, in any case, provide for the selection for redemption of portions (equal to the minimum authorized denomination for Notes of such series or any integral multiple thereof) of the principal amount of Notes of such series of a denomination larger than the Notesminimum authorized denomination for Notes of such series; provided, however, that no such partial redemption if, as indicated in an Officers' Certificate, the Company shall reduce the portion of the have offered to purchase all or any principal amount of a Note not redeemed to the Notes then Outstanding of any series, and less than U.S. $1,000all of such Notes as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Notes which have not been so tendered. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption as aforesaid and, in the case of any Notes selected for partial redemptionredemption as aforesaid, 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 Notes shall relate, in the case of any Note Notes redeemed or to be redeemed only in part, to the portion of the principal amount of such Note Notes which has been or is to be redeemed.

Appears in 3 contracts

Samples: Texas New Mexico Power Co, Indenture (Public Service Co of New Mexico), Indenture (PNM Resources Inc)

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemption, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Notes not previously called for redemption, in compliance with the requirements requirements, as set forth in an Officers’ Certificate delivered by the Issuer to the Trustee, of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, then on a pro rata basisbasis (or, by lot or by in the case of Global Notes, the Trustee will select Notes for redemption based on such other method as the Trustee shall deem fair and appropriate DTC may prescribe) and which may provide for the selection for redemption of portions of the principal of the NotesNotes in minimum denominations of $2,000 or larger integral multiples of $1,000; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than U.S. $1,0002,000. The Trustee shall promptly notify the Company Issuer in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the method it has chosen for the selection of Notes and the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 3 contracts

Samples: Indenture (ANTERO RESOURCES Corp), Indenture (ANTERO RESOURCES Corp), Indenture (ANTERO RESOURCES Corp)

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemption, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee in its sole discretion shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than U.S. $1,0002,000. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption as aforesaid and, in the case of any Notes selected for partial redemptionredemption as aforesaid, 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 Notes shall relate, in the case of any Note Notes redeemed or to be redeemed only in part, to the portion of the principal amount of such Note Notes which has been or is to be redeemed. If the Company shall so direct, Notes registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Notes selected for redemption.

Appears in 3 contracts

Samples: Berry Petroleum (Berry Petroleum Co), First Supplemental Indenture (Berry Petroleum Co), First Supplemental Indenture (Berry Petroleum Co)

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemptionredeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, 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 of the principal of the Notes; provided, however, that the Notes will not be redeemed in amounts less than the minimum authorized denomination of U.S.$1,000 and that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than U.S. $1,000U.S.$1,000. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes 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 redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 3 contracts

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

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemptionredeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, Trustee from the outstanding Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, 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 of the principal of the Notes; provided, however, that no such partial redemption shall reduce the a portion of the principal amount of a any Note, provided that the unredeemed portion of the principal amount of any Note shall be in an authorized denomination (which shall not redeemed to be less than U.S. $1,000the minimum authorized denomination) for such Note. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption as aforesaid and, in the case of any Notes selected for partial redemptionredemption as aforesaid, 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 Notes shall relate, in the case of any Note Notes redeemed or to be redeemed only in part, to the portion of the principal amount of such Note Notes which has been or is to be redeemed.

Appears in 3 contracts

Samples: Indenture (380 Development, LLC), Indenture (380 Development, LLC), Indenture (International Speedway Corp)

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes of any series are to be redeemed at any time pursuant (unless all the Notes of such series and of a specified tenor are to an optional redemptionbe redeemed), the particular Notes to be redeemed shall be selected not more than 60 35 days prior to the Redemption Date by the Trustee, from the outstanding Outstanding Notes of such series not previously called for redemption, in compliance with the requirements of the principal securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot basis or by such any other method as that the Trustee shall deem deems fair and appropriate and which may provide for the selection complies with any securities exchange or other applicable requirements for redemption of portions (equal to the minimum authorized denomination for Notes of the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion series or any integral multiple thereof) of the principal amount of Notes of such series of a Note not redeemed to less denomination larger than U.S. $1,000the minimum authorized denomination for Notes of that series. The Trustee shall promptly notify the Company Corporation in writing of the Notes selected for redemption and, in the case of any Notes 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 Notes shall relate, in the case of any Note Notes redeemed or to be redeemed only in part, to the portion of the principal amount of such Note Notes which has been or is to be redeemed.

Appears in 3 contracts

Samples: Indenture (Flushing Financial Corp), Indenture (Flushing Financial Corp), Indenture (State Bancorp Inc)

Selection by Trustee of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time pursuant to an optional redemptiontime, the particular selection of Notes to for redemption will be redeemed shall be selected not more than 60 days prior to the Redemption Date made by the Trustee, from the outstanding Notes not previously called for redemption, Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed, listed or, if such the Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem deems fair and appropriate and which may provide for the selection for redemption of portions of the principal of the Notes; providedappropriate, however, provided that no such partial redemption shall reduce the portion of the Notes with a principal amount of a Note not $1,000 or less shall be redeemed to less than U.S. $1,000in part. The Trustee shall promptly notify the Company and the Registrar in writing of the Notes selected for redemption and, in the case of any Notes 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 redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 3 contracts

Samples: Indenture (Decisionone Corp /De), Assumption Agreement (Quaker Holding Co), Decisionone Corp /De

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemptionredeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, 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 of (equal to the principal of minimum authorized denomination for the Notes; provided, however, that no such partial redemption shall reduce the portion Notes or any integral multiple thereof) of the principal amount of the Notes of a Note not redeemed to less denomination larger than U.S. $1,000the minimum authorized denomination for the Notes. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes 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 Notes shall relate, in the case of any Note Notes redeemed or to be redeemed only in part, to the portion of the principal amount of such Note Notes which has been or is to be redeemed. If the Notes are represented by Global Notes, the beneficial interests therein shall be selected by the Depository in accordance with its customary procedures.

Appears in 3 contracts

Samples: Indenture (Southwest Gas Corp), Indenture (Southwest Gas Corp), Indenture (Southwest Gas Corp)

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemptionredeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, 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 of the principal of the Notes; providedPROVIDED, howeverHOWEVER, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than U.S. $1,000. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes 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 redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 3 contracts

Samples: Execution Copy (Burke Flooring Products Inc), Burke Industries Inc /Ca/, Burke Industries Inc /Ca/

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemption, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Notes not previously called for redemption, in compliance with the requirements of the principal securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, 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 of the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than U.S. $1,000U.S.$1,000. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes 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 redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 3 contracts

Samples: Pooling Agreement (Bunge LTD), Pooling Agreement (Bunge LTD), Pooling Agreement (Bunge LTD)

Selection by Trustee of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time pursuant to an optional redemptiontime, the particular selection of Notes to for redemption will be redeemed shall be selected not more than 60 days prior to the Redemption Date made by the Trustee, from the outstanding Notes not previously called for redemption, Trustee (i) in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed, or, listed or (ii) if such the Notes are not so listed, (A) on a pro rata basisbasis or (B) if all of the Notes are represented by a Global Note, by lot or by such other method as and if selection on a pro rata basis would be inconsistent with the Trustee shall deem fair Applicable Procedures, then in accordance with the Applicable Procedures from among those Notes that are outstanding and appropriate and which may provide not previously called for the selection for redemption of redemption. The portions of the principal of the Notes; provided, however, that no such Notes so selected for partial redemption shall reduce the portion of the principal amount of a Note not redeemed be equal to less than U.S. $1,0001.00 or an integral multiple thereof. The Trustee shall promptly notify the Company and each Note Registrar in writing of the Notes selected for redemption and, in the case of any Notes 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 Notes shall relate, in the case of any Note Notes redeemed or to be redeemed only in part, to the portion of the principal amount of such Note Notes which has been or is to be redeemed.

Appears in 3 contracts

Samples: Indenture (NextWave Wireless LLC), Assignment and Security Agreement (NextWave Wireless LLC), Security Agreement (NextWave Wireless LLC)

Selection by Trustee of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time pursuant to an optional redemptiontime, the particular Trustee shall select Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Notes not previously called for redemption, in compliance with the requirements of the principal securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, redemption on a pro rata basis, basis or by lot unless otherwise required by law, the Depositary or by such other method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions of the principal of the Notesapplicable stock exchange requirements; provided, however, that no Notes in an unauthorized denomination shall be redeemed in part. No Notes of $2,000 or less can be redeemed in part. If any Note is to be redeemed in part only, the notice of redemption relating to such partial redemption Note shall reduce state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof shall be issued in the name of a the Holder thereof upon cancellation of the original Note not redeemed to less than U.S. $1,000in accordance with Section 5.7. The Trustee shall promptly notify the Company Issuer in writing of the Notes selected for redemption and, in the case of any Notes 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 redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 2 contracts

Samples: Cedar I Merger (CommScope Holding Company, Inc.), Cedar I Merger (CommScope Holding Company, Inc.)

Selection by Trustee of Notes to Be Redeemed. If less than all of the Notes of any series with the same issue date, interest rate or formula, Stated Maturity and other terms are to be redeemed at any time pursuant to an optional redemptionredeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, Trustee from the outstanding Outstanding Notes of such series not previously called for redemption, in compliance with the requirements of the principal securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, 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 of the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than U.S. $1,000appropriate. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes 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 Notes shall relate, in the case of any Note Notes redeemed or to be redeemed only in part, to the portion of the principal amount of such Note Notes which has been or is to be redeemed. Unless otherwise specified in or pursuant to this Indenture or the Notes of any series, if any Note selected for partial redemption is converted into other securities of the Company or exchanged for securities of another issuer in part before termination of the conversion or exchange right with respect to the portion of the Note so selected, the converted portion of such Note shall be deemed (so far as may be) to be the portion selected for redemption. Notes which have been converted or exchanged during a selection of Notes to be redeemed shall be treated by the Trustee as Outstanding for the purpose of such selection.

Appears in 2 contracts

Samples: Cit Group Inc, Cit Group Inc

Selection by Trustee of Notes to Be Redeemed. If less In the event that fewer than all of the Notes are to be redeemed at any time pursuant to an optional redemptionredeemed, the particular Trustee shall select the Notes to be redeemed shall be selected not more than 60 days prior to redeemed, if the Redemption Date by the Trustee, from the outstanding Notes not previously called for redemption, in compliance with the requirements of the principal are listed on a national securities exchange, if any, on which in accordance with the rules of such Notes are listed, exchange or, if such the Notes are not so listed, on either a pro rata basis, by lot basis or by lot, or such other method as the Trustee it shall deem fair and appropriate and which may provide for equitable; PROVIDED, HOWEVER, that if a partial redemption is made with the proceeds of a Qualified Equity Offering, selection of the Notes or portion thereof for redemption of portions of shall be made by the principal of the Notes; providedTrustee on a PRO RATA basis, however, that no unless such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than U.S. $1,000method is prohibited. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. The Trustee may select for redemption portions of the principal of the Notes that have denominations larger than $1,000. Notes and portions thereof the Trustee selects shall be redeemed in amounts of $1,000 or whole multiples of $1,000. For all purposes of this Indenture, Indenture unless the context otherwise requires, all provisions relating of this Indenture that apply to Notes called for redemption also apply to portions of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemedcalled for redemption.

Appears in 2 contracts

Samples: Indenture (Cole National Corp /De/), Indenture (Cole National Group Inc)

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemptionredeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Outstanding Notes not previously called for redemption, redemption in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed, listed or, if such the Notes are not so listedthen listed on a national securities exchange, on a pro rata basis, basis or by lot or by such any other method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions of the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than U.S. $1,000. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes 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 redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which that has been or is to be redeemed.

Appears in 2 contracts

Samples: Indenture (Teligent Inc), Teligent Inc

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemption, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date (as defined below) by the Trustee, from the outstanding Notes not previously called for redemption, in compliance with the requirements of the principal securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basisbasis among the classes of Notes, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of the Notes; providedalthough no Note of $1,000 in original principal amount or less will be redeemed in part. If any Note is to be redeemed in part only, however, that no the notice of redemption relating to such partial redemption shall reduce Note will state the portion of the principal amount of a Note not redeemed thereof to less than U.S. $1,000be redeemed. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the method it has chosen for the selection of Notes and the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 2 contracts

Samples: Indenture (Palace Entertainment Holdings, Inc.), Tango of Arundel, Inc.

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemption, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Notes not previously called for redemption, in compliance with the requirements of the principal securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate appropriate, which shall comply with the procedures of DTC and which may provide for the selection for redemption of portions of the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than U.S. $1,000. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes 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 redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 2 contracts

Samples: Pooling Agreement (Bunge LTD), Indenture (Bunge LTD)

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemption, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Notes not previously called for redemption, in compliance with the requirements of the principal securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate appropriate, which shall comply with the procedures of DTC and which may provide for the selection for redemption of portions of the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than U.S. $1,000U.S.$1,000. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes 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 redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 2 contracts

Samples: Pooling Agreement (Bunge Limited Finance Corp), Indenture (Bunge LTD)

Selection by Trustee of Notes to Be Redeemed. If In the event that less than all of the Notes are to be redeemed at any time pursuant to an optional redemptiona redemption made pursuant to paragraph 6 of such Notes, selection of the particular Notes to be redeemed for redemption shall be selected not more than 60 days prior to made by lot (if the Redemption Date by Notes are issued in physical form) or in accordance with the TrusteeDepository’s applicable procedures (if the Notes are issued in global form) and in each case, from if the outstanding Notes not previously called for redemptionare listed on a national securities exchange, in compliance with the requirements of the principal national securities exchange, if any, exchange on which such the Notes are listed, or, if such Notes are not so listed, on a pro rata basis, 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 of the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion Notes of the a principal amount of $2,000 or less shall be redeemed in part. If a Note not redeemed partial redemption is made pursuant to less than U.S. $1,000paragraph 6 of the Notes, selection of the Notes or portions thereof for redemption shall be made by the Trustee by lot (subject to the procedures of the Depository), unless that method is otherwise prohibited. The Trustee shall promptly notify the Company in writing Issuer of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. The Trustee may select for redemption portions of the principal of the Notes that have denominations larger than $2,000. For all purposes of this Indenture, Indenture unless the context otherwise requires, all provisions relating of this Indenture that apply to Notes called for redemption also apply to portions of Notes shall relatecalled for redemption. The Issuer may acquire Notes by means other than redemption, in whether pursuant to an Issuer tender offer, open market purchase or otherwise, provided such acquisition does not otherwise violate the case other terms of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemedthis Indenture.

Appears in 2 contracts

Samples: EDGEWELL PERSONAL CARE Co, EDGEWELL PERSONAL CARE Co

Selection by Trustee of Notes to Be Redeemed. If less In the event that fewer than all of the Notes are to be redeemed at any time pursuant (subject in all cases to an optional redemptionDTC procedures), the particular Trustee shall select the Notes to be redeemed shall be selected not more than 60 days prior to redeemed, if the Redemption Date by Company notifies the Trustee, from Trustee that the outstanding Notes not previously called for redemption, in compliance with the requirements of the principal are listed on a national securities exchange, if any, on which in accordance with the rules of such Notes are listed, exchange or, if such the Notes are not so listed, either on a pro rata basis, by lot or by in such other method manner as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions of the principal of the Notesequitable; provided, however, that no such if a partial redemption shall reduce is made with the portion proceeds of an Equity Offering, selection of the principal amount of Notes or portions thereof for redemption shall be made by the Trustee by lot or on a Note not redeemed to less than U.S. $1,000pro rata basis or on as nearly a pro rata basis as is practicable, unless such method is otherwise prohibited. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. The Trustee may select for redemption portions of the principal of the Notes that have denominations larger than US$1,000. Notes and portions thereof the Trustee selects shall be redeemed in amounts of US$1,000 or whole multiples of US$1,000 in excess thereof. For all purposes of this Indenture, Indenture unless the context otherwise requires, all provisions relating of this Indenture that apply to Notes called for redemption also apply to portions of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemedcalled for redemption.

Appears in 2 contracts

Samples: Indenture (Catalyst Paper Corp), Satisfaction and Discharge (Catalyst Paper Corp)

Selection by Trustee of Notes to Be Redeemed. If less In the event that fewer than all of the Notes are to be redeemed at any time pursuant to an optional redemptionredeemed, the particular Trustee shall select the Notes to be redeemed shall be selected not more than 60 days prior to redeemed, if the Redemption Date by the Trustee, from the outstanding Notes not previously called for redemption, in compliance with the requirements of the principal are listed on a national securities exchange, if any, on which in accordance with the rules of such Notes are listed, exchange or, if such the Notes are not so listed, on either a pro rata basis, by lot basis or by lot, or such other method as the Trustee it shall deem fair and appropriate and which may provide for the selection for redemption of portions of the principal of the Notesappropriate; provided, however, that no such if a -------- ------- partial redemption shall reduce is made with the portion proceeds of a Public Equity Offering, selection of the principal amount Notes or portion thereof for redemption shall be made by the Trustee on a pro rata basis, unless such a method is prohibited by law or by the --- ---- rules of a Note not redeemed to less than U.S. $1,000such national securities exchange. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. The Trustee may select for redemption portions of the principal of the Notes that have denominations larger than $1,000. Notes and portions thereof the Trustee selects shall be redeemed in amounts of $1,000 or whole multiples of $1,000. For all purposes of this Indenture, Indenture unless the context otherwise requires, all provisions relating of this Indenture that apply to Notes called for redemption also apply to portions of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemedcalled for redemption.

Appears in 2 contracts

Samples: Pledge and Intercreditor Agreement (Pierce Leahy Corp), Pierce Leahy Corp

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemptionSection 11.01, the particular Notes to be redeemed shall be selected selected, not more than 60 90 days prior to the Redemption Date Date, by the Trustee, Trustee from among the outstanding Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, 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 of (equal to the principal of minimum authorized denomination for the Notes; provided, however, that no such partial redemption shall reduce the portion Notes or any integral multiple thereof) of the principal amount of the Notes of a Note not redeemed to less denomination larger than U.S. $1,000the minimum authorized denomination for the Notes. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes 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 Notes shall relate, in the case of any Note Notes redeemed or to be redeemed only in part, to the portion of the principal amount of such Note Notes which has been or is to be redeemed.

Appears in 2 contracts

Samples: Indenture (Fiserv Inc), Fiserv Inc

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes of a particular tranche are to be redeemed at any time pursuant to an optional redemptionredeemed, the Trustee may select the particular Notes of such tranche to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trusteefor such Notes, from the outstanding Notes of such tranche not previously called for redemption, in compliance with the requirements of the principal securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, 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 of (equal to the principal of the minimum authorized denomination for such Notes; provided, however, that no such partial redemption shall reduce the portion or any multiple thereof) of the principal amount of Notes of such tranche of a Note not redeemed to less denomination larger than U.S. $1,000the minimum authorized denomination for such Notes. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes 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 Notes of a particular tranche shall relate, in the case of any Note of a particular tranche redeemed or to be redeemed only in part, to the portion of the principal amount of such Note Notes which has been or is to be redeemed.

Appears in 2 contracts

Samples: Indenture (Stanley Works), Black & Decker Corp

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemptionredeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed, listed or, if such the Notes are not so listedlisted on a national securities exchange, on a pro rata basis, 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 of the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than U.S. $1,000. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes 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 redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 2 contracts

Samples: Indenture (World Access Inc /New/), Indenture (World Access Inc /New/)

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemption, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Notes not previously called for redemption, in compliance with the requirements of the principal securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate appropriate, which shall comply with the procedures of DTC and which may provide for the selection for redemption of portions of the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than U.S. $1,000[ ]. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes 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 redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 2 contracts

Samples: Pooling Agreement (Bunge Limited Finance Corp), Pooling Agreement (Bunge Finance Europe B.V.)

Selection by Trustee of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time pursuant to an optional redemptiontime, the particular Trustee shall select Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Notes not previously called for redemption, in compliance with the requirements of the principal securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, redemption on a pro rata basisbasis unless otherwise required by law, by lot the Depositary or by such other method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions of the principal of the Notesapplicable stock exchange requirements; provided, however, that no Notes in an unauthorized denomination shall be redeemed in part. No Notes of $2,000 or less can be redeemed in part. If any Note is to be redeemed in part only, the notice of redemption relating to such partial redemption Note shall reduce state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof shall be issued in the name of a the Holder thereof upon cancellation of the original Note not redeemed to less than U.S. $1,000in accordance with Section 5.7. The Trustee shall promptly notify the Company Issuer in writing of the Notes selected for redemption and, in the case of any Notes 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 redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 2 contracts

Samples: Indenture (Solgar), Indenture (American Renal Associates LLC)

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemptionredeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, redemption on a pro rata basis, by lot basis or by such other method as lot, and, in the Trustee shall deem fair and appropriate and which may provide for case of Notes represented by a Global Note held by the selection for redemption of portions of the principal of the NotesDepository, in accordance with Depository procedures; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than U.S. $1,000. The Trustee shall promptly notify the Company Issuer in writing of all available information (including information obtainable from the Depository) concerning the Notes selected for redemption and, in the case of any Notes 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 redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 2 contracts

Samples: www.esunbank.com.tw, Lumen Technologies, Inc.

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemptionredeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Notes not previously called for redemption, Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, listed by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate and which may provide for the selection for redemption of portions of the principal of the Notesappropriate; provided, however, that no Note of $1000 in principal amount or less shall be redeemed in part. If any Note is to be redeemed in part only, the notice of redemption relating to such partial redemption Note shall reduce state the portion of the principal amount of a Note not redeemed thereof to less than U.S. $1,000be redeemed. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes 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 redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 2 contracts

Samples: United Artists Theatre Co, United Artists Theatre Co

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemptionredeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Outstanding Notes not previously called for redemption, in compliance with the requirements any applicable rules of the Luxembourg Stock Exchange or the principal U.S. securities exchange, if any, on which such the Notes are listed, listed or, if such the Notes are not so listedlisted on the Luxembourg Stock Exchange or a U.S. securities exchange or if there are no applicable rules, on a pro rata basis, 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 of the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion note of the DM 1,000 in principal amount of a Note not at maturity or -------- ------- less will be redeemed to less than U.S. $1,000in part. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes 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 redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 2 contracts

Samples: Indenture (Euronet Services Inc), Indenture (Euronet Services Inc)

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemption, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee in its sole discretion shall deem fair and appropriate (and in such manner as complies with applicable legal requirements), and which may provide for the selection for redemption of portions of the principal of the NotesNotes (equal to $2,000 or in an integral multiple of $1,000 in excess thereof); provided, however, that no Notes of $2,000 in principal amount or less shall be redeemed in part. If any Note is to be redeemed in part only, the notice of redemption relating to such partial redemption shall reduce Note will state the portion of the principal amount of a Note not redeemed thereof to less than U.S. $1,000be redeemed. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the method it has chosen for the selection of Notes and the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 2 contracts

Samples: Columbus Energy Corp, Cimarex Energy Co

Selection by Trustee of Notes to Be Redeemed. If less In the event that fewer than all of the Notes are to be redeemed at any time pursuant to an optional redemptionredeemed, the particular Trustee shall select the Notes to be redeemed shall be selected not more than 60 days prior to redeemed, if the Redemption Date by the Trustee, from the outstanding Notes not previously called for redemption, in compliance with the requirements of the principal are listed on a national securities exchange, if any, on which in accordance with the rules of such Notes are listed, exchange or, if such the Notes are not so listed, on either a pro rata basis, by lot basis or by lot, or such other method as the Trustee it shall deem fair and appropriate and which may provide for the selection for redemption of portions of the principal of the Notesequitable; provided, however, that no such if a partial redemption shall reduce is made with the portion proceeds of a Public Equity Offering, selection of the principal amount of Notes or portion thereof for redemption shall be made by the Trustee on a Note not redeemed to less than U.S. $1,000pro rata basis, unless such a method is prohibited. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. The Trustee may select for redemption portions of the principal of the Notes that have denominations larger than $1,000. Notes and portions thereof the Trustee selects shall be redeemed in amounts of $1,000 or whole multiples of $1,000. For all purposes of this Indenture, Indenture unless the context otherwise requires, all provisions relating of this Indenture that apply to Notes called for redemption also apply to portions of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemedcalled for redemption.

Appears in 2 contracts

Samples: Indenture (Entex Information Services Inc), Park Ohio Industries Inc

Selection by Trustee of Notes to Be Redeemed. If less In the event that fewer than all of the Notes are to be redeemed at any time pursuant to an optional redemptionredeemed, the particular Trustee shall select the Notes to be redeemed shall be selected not more than 60 days prior to redeemed, if the Redemption Date by the Trustee, from the outstanding Notes not previously called for redemption, in compliance with the requirements of the principal are listed on a national securities exchange, if any, on which in accordance with the rules of such Notes are listed, exchange or, if such the Notes are not so listed, either on a pro rata basis, by lot or by in such other method manner as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions of the principal of the Notesequitable; provided, however, that no such if a partial redemption shall reduce is made with the portion proceeds of a Public Equity Offering, selection of the principal amount of Notes or portions thereof for redemption shall be made by the Trustee only on a Note not redeemed pro rata basis or on as nearly a pro rata basis as is practicable (subject to less than U.S. $1,000DTC procedures), unless such method is otherwise prohibited. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. The Trustee may select for redemption portions of the principal of the Notes that have denominations larger than US$1,000. Notes and portions thereof the Trustee selects shall be redeemed in amounts of US$1,000 or whole multiples of US$1,000. For all purposes of this Indenture, Indenture unless the context otherwise requires, all provisions relating of this Indenture that apply to Notes called for redemption also apply to portions of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemedcalled for redemption.

Appears in 2 contracts

Samples: Indenture (Norske Skog Canada LTD), Norske Skog Canada LTD

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemption, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Notes not previously called for redemption, in compliance with the requirements of the principal securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot basis or by such other method as lot, which shall comply with the Trustee shall deem fair and appropriate procedures of the Clearing Systems and which may provide for the selection for redemption of portions of the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than U.S. $1,000€100,000. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes 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 redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 2 contracts

Samples: Pooling Agreement (Bunge Limited Finance Corp), Pooling Agreement (Bunge LTD)

Selection by Trustee of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time pursuant to an optional redemptiontime, the particular selection of Notes to be redeemed for redemption shall be selected not more than 60 days prior to the Redemption Date made by the Trustee, from the outstanding Notes not previously called for redemption, Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, 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 of the principal of the Notesappropriate; provided, however, provided that no such partial redemption Notes of $1,000 or less shall reduce the portion of the principal amount of a Note not be redeemed to less than U.S. $1,000in part. The Trustee shall promptly notify the Company and the Registrar in writing of the Notes selected for redemption and, in the case of any Notes 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 redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 2 contracts

Samples: Execution (Massic Tool Mold & Die Inc), Credit Agreement (Massic Tool Mold & Die Inc)

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemptionredeemed, the particular Notes to be redeemed shall be selected not more than 60 45 days prior to the Redemption Date by the Trustee, from the outstanding Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, 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 of (equal to the principal of minimum authorized denomination for the Notes; provided, however, that no such partial redemption shall reduce the portion Notes or any integral multiple thereof) of the principal amount of the Notes of a Note not redeemed to less denomination larger than U.S. $1,000the minimum authorized denomination for the Notes. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes 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 Notes shall relate, in the case of any Note Notes redeemed or to be redeemed only in part, to the portion of the principal amount of such Note Notes which has been or is to be redeemed.

Appears in 2 contracts

Samples: Indenture (Southwest Gas Corp), Indenture (Southwest Gas Corp)

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemptionredeemed, the particular Notes to be redeemed shall be selected not more than 60 30 days prior to the Redemption Date by the Trustee, from the outstanding Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal securities exchangeby lot, if anypro rata, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, 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 of the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion (equal to $1,000 or any integral multiple thereof) of the principal amount of Notes of a Note not redeemed to less denomination larger than U.S. $1,000. If any Note selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Note so selected, the converted portion of such Note shall be deemed (so far as may be) to be the portion selected for redemption. Notes which have been converted during a selection of Notes to be redeemed shall be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Note Registrar in writing of the Notes selected for redemption and, in the case of any Notes 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 Notes shall relate, in the case of any Note Notes redeemed or to be redeemed only in part, to the portion of the principal amount of such Note Notes which has been or is to be redeemed.

Appears in 2 contracts

Samples: Signature Resorts Inc, Signature Resorts Inc

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemption, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Notes not previously called for redemption, in compliance with the requirements requirements, as set forth in an Officers’ Certificate delivered by the Issuer to the Trustee, of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, then on a pro rata basis, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate and which may provide for (or, in the selection case of Global Notes, the Trustee will select Notes for redemption of portions of the principal of the Notesbased on such method as DTC may prescribe); provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than U.S. $1,0002,000 (or $1.00 after a PIK Payment). The Trustee shall promptly notify the Company Issuer in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the method it has chosen for the selection of Notes and the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 2 contracts

Samples: Indenture (Ultra Petroleum Corp), Warrant Agreement (Ultra Petroleum Corp)

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemptionredeemed, the particular Notes to be redeemed shall be selected not more than 60 days or less than 30 days prior to the Redemption Date by the Trustee, from the outstanding Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are quoted or listed, or, or if such Notes are not so quoted or listed, on a pro rata basis, by lot or by such other method as that complies with applicable legal requirements and that the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions of the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion (equal to $1,000 or any integral multiple thereof) of the principal amount of Notes of a Note not redeemed to less denomination larger than U.S. $1,000. The Trustee shall promptly notify the Company and each Note Registrar in writing of the Notes selected for redemption and, in the case of any Notes 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 Notes shall relate, in the case of any Note Notes redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 2 contracts

Samples: Indenture (Iat Multimedia Inc), Indenture (Iat Multimedia Inc)

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemptionredeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed, or, if such the Notes are not so listedlisted on a national securities exchange, on a pro rata basis, 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 of the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than U.S. $1,000. The Trustee shall promptly notify the Company Issuer in writing of the Notes selected for redemption and, in the case of any Notes 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 redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 2 contracts

Samples: Indenture (Primus Telecommunications Group Inc), Primus Telecommunications Group Inc

Selection by Trustee of Notes to Be Redeemed. If less In the event that fewer than all of the Notes are to be redeemed at any time pursuant to an optional redemptionredeemed, the particular Trustee shall select the Notes to be redeemed shall be selected not more than 60 days prior to redeemed, if the Redemption Date by the Trustee, from the outstanding Notes not previously called for redemption, in compliance with the requirements of the principal are listed on a national securities exchange, if any, on which in accordance with the rules of such Notes are listed, exchange or, if such the Notes are not so listed, either on a pro rata basis, by lot or by in such other method manner as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions of the principal of the Notesappropriate; provided, however, that no such if a partial redemption shall reduce is made with the portion proceeds of a Qualified Equity Offering, selection of the principal amount of Notes or portions thereof for redemption shall be made by the Trustee only on a Note not redeemed pro rata basis or on as nearly a pro rata basis as is practicable (subject to less than U.S. $1,000DTC procedures), unless such method is otherwise prohibited. The Trustee shall promptly notify the Company in writing Issuer of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. The Trustee may select for redemption portions of the principal of the Notes that have denominations larger than $1,000. Notes and portions thereof the Trustee selects shall be redeemed in amounts of $1,000 or whole multiples of $1,000. For all purposes of this Indenture, Indenture unless the context otherwise requires, all provisions relating of this Indenture that apply to Notes called for redemption also apply to portions of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemedcalled for redemption.

Appears in 2 contracts

Samples: Indenture (Massey Energy Co), Indenture (Massey Energy Co)

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemption, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Notes not previously called for redemption, in compliance with the requirements of the principal securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basisbasis among the classes of Notes, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than U.S. $1,000. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the method it has chosen for the selection of Notes and the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 2 contracts

Samples: Indenture (Earth Products, Inc.), Tower Automotive Inc

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemptionredeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, 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 of the principal of the Notes; provided, however, that no such partial redemption shall reduce the a portion of the principal amount of a any Note, provided that the unredeemed portion of the principal amount of any Note shall be in an authorized denomination (which shall not redeemed to be less than U.S. $1,000the minimum authorized denomination) for such Note. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption as aforesaid and, in the case of any Notes selected for partial redemptionredemption as aforesaid, 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 Notes shall relate, in the case of any Note Notes redeemed or to be redeemed only in part, to the portion of the principal amount of such Note Notes which has been or is to be redeemed.

Appears in 2 contracts

Samples: Pledge Agreement (Mobile Mini Inc), Mobile Mini Inc

Selection by Trustee of Notes to Be Redeemed. If less In the event that fewer than all of the Notes are to be redeemed at any time pursuant to an optional redemptionredeemed, the particular Trustee shall select the Notes to be redeemed shall be selected not more than 60 days prior to redeemed, if the Redemption Date by the Trustee, from the outstanding Notes not previously called for redemption, in compliance with the requirements of the principal are listed on a national securities exchange, if any, on which in accordance with the rules of such Notes are listed, exchange or, if such the Notes are not so listed, either on a pro rata basis or by lot, or such other method as it shall deem fair and equitable; provided, however, that the Company shall have previously notified the Trustee in writing of any such exchange on which the Notes are listed; and provided, further, that if a partial redemption is made with the proceeds of a Public Equity Offering, selection of the Notes or portion thereof for redemption shall be made by the Trustee on a pro rata basis, by lot or by unless such other a method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions of the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than U.S. $1,000is prohibited. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, Indenture unless the context otherwise requires, all provisions relating of this Indenture that apply to Notes called for redemption also apply to portions of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemedcalled for redemption.

Appears in 1 contract

Samples: Morris Material Handling Inc

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemption, the particular Notes to be redeemed shall be selected not more than 60 90 days prior to the Redemption Date by the Trustee, from the outstanding Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than U.S. $1,000. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes 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 redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 1 contract

Samples: Paragon Health Network Inc

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemptionredeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner that complies with all applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than U.S. $1,000the minimum authorized denomination for the Notes established pursuant to Section 302. The Trustee shall promptly notify the Company and the Note Registrar (if other than the Trustee) in writing of the Notes selected for redemption and, in the case of any Notes 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 Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 1 contract

Samples: Nine West Group Inc /De

Selection by Trustee of Notes to Be Redeemed. If less than all In the case of any partial redemption, selection of the Notes are to be redeemed at any time pursuant to an optional redemption, the particular Notes to be redeemed for redemption shall be selected not more than 60 days prior to the Redemption Date made by the Trustee, from the outstanding Notes not previously called for redemption, Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed, listed or, if such the Notes are not so listed, then on as nearly a pro rata basis, basis as possible or by lot or by (subject to such other method rounding as the Trustee may determine so that Notes are redeemed in whole increments of $1,000 and no Note of $2,000 in principal amount or less shall deem fair and appropriate and which may provide for be redeemed in part). If any Note is to be redeemed in part only, the selection for notice of redemption of portions of the principal of the Notes; provided, however, that no relating to such partial redemption Note shall reduce state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof shall be issued in the name of a the Holder thereof upon cancellation of the original Note not redeemed to less than U.S. $1,000in accordance with Section 5.7. The Trustee shall promptly notify the Company Issuer in writing of the Notes selected for redemption and, in the case of any Notes 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 redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 1 contract

Samples: American Axle & Manufacturing Holdings Inc

Selection by Trustee of Notes to Be Redeemed. If less than all Unless otherwise specified for Notes of any series in the applicable Notes Supplemental Indenture, as contemplated by Section 301, in the case of any partial redemption, selection of the Notes are to for redemption will be redeemed at any time pursuant to an optional redemption, made by the particular Notes to be redeemed shall be selected Trustee not more than 60 days prior to the Redemption Date by (except that such notice may be delivered more than 60 days prior to the Trustee, from Redemption Date if the outstanding Notes not previously called for redemption, Redemption Date is delayed as provided in compliance with the requirements Section 6 of the principal securities exchange, if any, on which such applicable Notes are listed, or, if such Notes are not so listed, Supplemental Indenture) on a pro rata basis, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate and which may provide for the selection for redemption appropriate, in integral multiples of portions $1,000, although no Note of the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion of the $2,000 in original principal amount of a Note not or less will be redeemed to less than U.S. $1,000in part. The Trustee shall promptly notify the Company Issuer of such Notes in writing of the Notes selected for redemption and, in the case of any Notes Note selected for partial redemption, the principal amount thereof to be redeemed. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which that has been or is to be redeemed.

Appears in 1 contract

Samples: Univar Inc.

Selection by Trustee of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time pursuant to an optional redemptionredeemed, the particular Notes will be redeemed on a pro rata basis as to the Holders, and if the Notes are represented by Global Notes held by the Depositary and such redemption is processed through the Depositary, such redemption will be made on a “Pro Rata Pass-Through Distribution of Principal” basis in accordance with the procedures of the Depositary. In the event a pro rata redemption as provided in the preceding sentence is not permitted under applicable law or applicable requirements of the Depositary, the Notes to be redeemed shall will be selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Notes not previously called for redemption, in compliance with the requirements of the principal securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee shall will deem fair and appropriate and which may provide for the selection for redemption of portions of the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than U.S. $1,000appropriate. The Trustee shall will promptly notify the Company and the Registrar (if other than itself) in writing of the Notes selected for redemption and, in the case of any Notes 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 Notes shall will relate, in the case of any Note Notes redeemed or to be redeemed only in part, to the portion of the principal amount of such Note Notes which has been or is to be redeemed.

Appears in 1 contract

Samples: Universal Insurance Holdings, Inc.

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemptionredeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed, listed or, if such the Notes are not so listedlisted on a national securities exchange, on a pro rata basis, by lot or by such other method as the Trustee in its sole discretion shall deem fair and appropriate and which may provide for the selection for redemption of portions of the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than U.S. $1,000. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes 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 redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 1 contract

Samples: Facilicom International Inc

Selection by Trustee of Notes to Be Redeemed. If less than all Unless otherwise specified for Notes of any series in the applicable Notes Supplemental Indenture, as contemplated by Section 301, in the case of any partial redemption, selection of the Notes are to for redemption will be redeemed at any time pursuant to an optional redemption, made by the particular Notes to be redeemed shall be selected Trustee not more than 60 days prior to the Redemption Date by (except that such notice may be delivered more than 60 days prior to the Trustee, from Redemption Date if the outstanding Notes not previously called for redemption, Redemption Date is delayed as provided in compliance with the requirements Section 6 of the principal securities exchange, if any, on which such applicable Notes are listed, or, if such Notes are not so listed, Supplemental Indenture) on a pro rata basis, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate and which may provide for the selection for redemption appropriate, in integral multiples of portions $1,000, although no Note of the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion of the Minimum Denomination in original principal amount of a Note not or less will be redeemed to less than U.S. $1,000in part. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes Note selected for partial redemption, the principal amount thereof to be redeemed. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which that has been or is to be redeemed.

Appears in 1 contract

Samples: Indenture (Hd Supply, Inc.)

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Selection by Trustee of Notes to Be Redeemed. If less In the event that fewer than all of the Notes are to be redeemed at any time pursuant to an optional redemptionredeemed, the particular Trustee shall select the Notes to be redeemed shall be selected not more than 60 days prior to redeemed, if the Redemption Date by the Trustee, from the outstanding Notes not previously called for redemption, in compliance with the requirements of the principal are listed on a national securities exchange, if any, on which in accordance with the rules of such Notes are listed, exchange or, if such the Notes are not so listed, on either a pro rata basis, by lot basis or by lot, or in such other method manner as the Trustee it shall deem fair and appropriate and which may provide for the selection for redemption of portions of the principal of the Notesappropriate; provided, however, that no such if a -------- ------- partial redemption shall reduce is made with the portion proceeds of a Public Equity Offering, selection of the principal amount Notes or portion thereof for redemption shall be made by the Trustee on a pro rata basis, unless such a method is prohibited by law or by the --- ---- rules of a Note not redeemed to less than U.S. $1,000such national securities exchange. The Trustee shall promptly notify the Company in writing Issuer of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. The Trustee may select for redemption portions of the principal of the Notes that have denominations larger than $1,000. Notes and portions thereof the Trustee selects shall be redeemed in amounts of $1,000 or whole multiples of $1,000. For all purposes of this Indenture, Indenture unless the context otherwise requires, all provisions relating of this Indenture that apply to Notes called for redemption also apply to portions of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemedcalled for redemption.

Appears in 1 contract

Samples: Archivex LTD

Selection by Trustee of Notes to Be Redeemed. If In the event that less than all of the Notes are to be redeemed at any time pursuant to an optional redemptiontime, the particular selection of such Notes to for redemption will be redeemed shall be selected not more than 60 days prior to the Redemption Date made by the Trustee, from the outstanding Notes not previously called for redemption, Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed, listed or, if such the Notes are not so listedthen listed on a national securities exchange, on a pro rata basis, 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 of the principal of the Notesappropriate; provided, however, provided that no such partial redemption shall reduce the portion Notes of the a principal amount of $1,000 shall be redeemed in part. If any Note is to be redeemed in part only, a new Note not redeemed in a principal amount equal to less than U.S. $1,000the unredeemed portion thereof will be issued in the name of the holder thereof upon cancellation of the original Note. The Trustee shall promptly notify On and after the Redemption Date, if the Company does not default in writing the payment of the Redemption Price, interest will cease to accrue on Notes selected or portions thereof called for redemption and, in the case of any Notes 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 redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 1 contract

Samples: Galaxy Cable Inc

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemptionredeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed, listed or, if such the Notes are not so listed, then on a pro rata basis, by lot or by such other method as the Trustee Trustee, in its sole discretion, shall deem fair and appropriate and which may provide for the selection for redemption of portions of the principal of the Notes; provided, however, that no such partial redemption shall reduce the a portion of the principal amount of a Note not redeemed to less than U.S. $1,000. The Trustee shall promptly notify any Notes, provided that the Company in writing unredeemed portion of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to of any Note shall be redeemedin an authorized denomination (which shall not be less than the minimum authorized denomination) for such Note. For all purposes of this the Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note Notes redeemed or to be redeemed only in part, to the portion of the principal amount of such Note Notes which has been or is to be redeemed.

Appears in 1 contract

Samples: Supplemental Indenture (Stone Energy Corp)

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemptionredeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, 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 of (equal to the principal of minimum authorized denomination for the Notes; provided, however, that no such partial redemption shall reduce the portion Notes or any integral multiple thereof) of the principal amount of the Notes of a Note not redeemed denomination larger than the minimum authorized denomination; provided, that if at the time of redemption such Notes are registered as a Global Note, DTC shall determine, in accordance with its procedures, the principal amount of such Notes held by each Beneficial Owner to less than U.S. $1,000be redeemed. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes 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 Notes shall relate, in the case of any Note Notes redeemed or to be redeemed only in part, to the portion of the principal amount of such Note Notes which has been or is to be redeemed.

Appears in 1 contract

Samples: Indenture (Southern Star Central Corp)

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemptionredeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed, listed or, if such the Notes are not so listedlisted on a national securities exchange, on a pro rata basis, by lot or by such other method as the Trustee in its sole discretion shall deem fair and appropriate and which may provide for the selection for redemption of portions of the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion Note of the $1,000 or less in principal amount of a Note not at maturity shall be redeemed to less than U.S. $1,000in part. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes 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 redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 1 contract

Samples: Startec Global Communications Corp

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemptionredeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the TrusteeTrustee within seven Business Days after it receives the notice described in 3.3, from the outstanding Notes not previously called for redemption, in compliance with the requirements of the principal securities exchange, if any, on which such Notes are listed, by lot or, if such Notes are not so listedin the Trustee's sole discretion, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate and which may provide . If any Note selected for the selection for partial redemption of portions is converted in part before termination of the principal of the Notes; provided, however, that no such partial redemption shall reduce conversion right with respect to the portion of the principal amount Note so selected, the converted portion of such Note shall be deemed (so far as may be) to be the portion selected for redemption. Notes which have been converted during a Note not selection of Notes to be redeemed to less than U.S. $1,000may be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Note Registrar in writing of the Notes securities selected for redemption and, in the case of any Notes 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 Notes shall relate, in the case of any Note Notes redeemed or to be redeemed only in part, to the portion of the principal amount of such Note Notes which has been or is to be redeemed.

Appears in 1 contract

Samples: HNC Software Inc/De

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemptionredeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than U.S. $1,0002,000. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes 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 redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 1 contract

Samples: Supplemental Indenture (Accuride Corp)

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemptionredeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed, or, if such the Notes are not so listedlisted on a national securities exchange, on a pro rata basis, 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 of the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than U.S. $1,000. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes 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 redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 1 contract

Samples: Primus Telecommunications Group Inc

Selection by Trustee of Notes to Be Redeemed. If less In the event that fewer than all of the Notes are to be redeemed at any time pursuant to an optional redemptionredeemed, the particular Trustee shall select the Notes to be redeemed shall be selected not more than 60 days prior to redeemed, if the Redemption Date by the Trustee, from the outstanding Notes not previously called for redemption, in compliance with the requirements of the principal are listed on a national securities exchange, if any, on which in accordance with the rules of such Notes are listed, exchange or, if such the Notes are not so listed, either on a pro rata basis, by lot basis or by lot, or such other method as the Trustee it shall deem fair and appropriate and which may provide for equitable; provided that if a partial redemption is made with the proceeds of a Public Equity Offering, selection of the Notes or portion thereof for redemption of portions of shall be made by the principal of Trustee on a pro rata basis to the Notes; providedextent practical, however, that no unless such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than U.S. $1,000method is prohibited. The Trustee shall promptly notify the Company in writing Issuer of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. The Trustee may select for 44 -37- redemption portions of the principal of the Notes that have denominations larger than $1,000. Notes and portions thereof the Trustee selects shall be redeemed in amounts of $1,000 or whole multiples of $1,000. For all purposes of this Indenture, Indenture unless the context otherwise requires, all provisions relating of this Indenture that apply to Notes called for redemption also apply to portions of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemedcalled for redemption.

Appears in 1 contract

Samples: Indenture (River Marine Terminals Inc)

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemptionredeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, 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 of the principal of Notes and, in the Notescase of Notes represented by a Global Note held by the Depository, in accordance with Depository procedures; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than U.S. $1,000. The Trustee shall promptly notify the Company Issuer in writing of all available information (including information obtainable from the Depository) concerning the Notes selected for redemption and, in the case of any Notes 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 redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 1 contract

Samples: Indenture (Centurylink, Inc)

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemptionredeemed, the particular Notes to be redeemed shall be selected not more than 60 30 days prior to the Redemption Date by the Trustee, from the outstanding Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, 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 of the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion (equal to $1,000 or any integral multiple thereof) of the principal amount of Notes of a Note not redeemed to less denomination larger than U.S. $1,000. If any Note selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Note so selected, the converted portion of such Note shall be deemed (so far as may be) to be the portion selected for redemption. Notes which have been converted during a selection of Notes to be redeemed shall be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Note Registrar in writing of the Notes selected for redemption and, in the case of any Notes 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 Notes shall relate, in the case of any Note Notes redeemed or to be redeemed only in part, to the portion of the principal amount of such Note Notes which has been or is to be redeemed.

Appears in 1 contract

Samples: Signature Resorts Inc

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemptiontime, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Notes not previously called for redemption, in compliance with the requirements of the principal securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata PRO RATA basis, 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 of the principal of the Notes; providedPROVIDED, howeverHOWEVER, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than U.S. $1,000. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes 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 redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 1 contract

Samples: Fleming Companies Inc /Ok/

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemption, the particular Notes to be redeemed shall be selected not more than 60 45 days prior to the Redemption Date by the Trustee, from the outstanding Notes not previously called for redemption, in compliance with the requirements of the principal securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basisbasis among the classes of Notes, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than U.S. $1,000. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the method it has chosen for the selection of Notes and the principal amount thereof to be redeemed, and upon the Company's written approval of such selection, the Trustee shall redeem the selected Notes. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 1 contract

Samples: Halliburton Co

Selection by Trustee of Notes to Be Redeemed. If less In the event that fewer than all of the Notes are to be redeemed at any time pursuant to an optional redemptionredeemed, the particular Trustee shall select the Notes to be redeemed shall be selected not more than 60 days prior to redeemed, if the Redemption Date by the Trustee, from the outstanding Notes not previously called for redemption, in compliance with the requirements of the principal are listed on a national securities exchange, if any, on which in accordance with the rules of such Notes are listed, exchange or, if such the Notes are not so listed, either on a pro rata basis, by lot basis or by lot, or such other method as the Trustee it shall deem fair and appropriate and which may provide for equitable; PROVIDED, HOWEVER, that if a partial redemption is made with the proceeds of a public equity offering, selection of the Notes or portion thereof for redemption of portions of shall be made by the principal of Trustee on a PRO RATA basis to the Notes; providedextent practical, however, that no unless such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than U.S. $1,000method is prohibited. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. The Trustee may select for redemption portions of the principal of the Notes that have denominations larger than $1,000. Notes and portions thereof the Trustee selects shall be redeemed in amounts of $1,000 or whole multiples of $1,000. For all purposes of this Indenture, Indenture unless the context otherwise requires, all provisions relating of this Indenture that apply to Notes called for redemption also apply to portions of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemedcalled for redemption.

Appears in 1 contract

Samples: High Voltage Engineering Corp

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemption, the particular Notes to be redeemed shall be selected not more than 60 90 days prior to the Redemption Date by the Trustee, from the outstanding Notes not previously called for redemption, in compliance with the requirements of the principal securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than U.S. $1,000. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes 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 redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 1 contract

Samples: Details Inc

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemption, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Notes not previously called for redemption, in compliance with the requirements of the principal securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basisbasis (or, by lot in the case of Notes issued in global form based on such method as DTC or by its nominee or successor may require or, where such other nominee or successor is the Trustee, such method that most nearly approximates pro rata selection as the Trustee shall deem deems fair and appropriate and which appropriate, unless otherwise required by law). Any partial redemption may provide for the selection for redemption of portions of the principal of the NotesNotes in denominations of $2,000 or larger integral multiples of $1,000; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than U.S. $1,0002,000. The Trustee shall promptly notify the Company in writing of the any Notes selected for redemption other than in accordance with DTC’s procedures and, in the case of any Notes selected for partial redemption, the method it has chosen for the selection of Notes and the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 1 contract

Samples: Indenture (Basic Energy Services Inc)

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemptionredeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed, or, if such the Notes are not so listedlisted on a national securities exchange, on a pro rata basis, 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 of the principal of the Notes; provided, -------- however, that no such partial redemption shall reduce the portion of the ------- principal amount of a Note not redeemed to less than U.S. $1,000. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes 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 redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 1 contract

Samples: Primus Telecommunications Group Inc

Selection by Trustee of Notes to Be Redeemed. If less --------------------------------------------- than all the Notes are to be redeemed at any time pursuant to an optional redemptionredeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate (and in a manner that complies with applicable legal and securities exchange requirements, if any) and which may provide for the selection for redemption of portions of the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion (equal to $1,000 or any integral multiple thereof) of the principal amount of Notes of a Note not redeemed to less denomination larger than U.S. $1,000. The Trustee shall promptly notify the Company and each Note Registrar in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. In the event that the Company is required to make an Offer to Purchase pursuant to Sections 10.14 and 10.15 and the amount available for such Offer is not an integral multiple of $1,000, the Trustee shall promptly refund to the 113 Company any remaining proceeds, which shall be less than $1,000. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note Notes redeemed or to be redeemed only in part, to the portion of the principal amount of such Note Notes which has been or is to be redeemed.

Appears in 1 contract

Samples: Afc Enterprises Inc

Selection by Trustee of Notes to Be Redeemed. If less than all Unless otherwise specified for Notes of any series in the applicable Notes Supplemental Indenture, as contemplated by Section 301, in the case of any partial redemption, selection of the Notes are to for redemption will be redeemed at any time pursuant to an optional redemption, made by the particular Notes to be redeemed shall be selected Trustee not more than 60 days prior to the Redemption Date by (except that such notice may be delivered more than 60 days prior to the Trustee, from Redemption Date if the outstanding Notes not previously called for redemption, Redemption Date is delayed as provided in compliance with the requirements Section 6 of the principal securities exchange, if any, on which such applicable Notes are listed, or, if such Notes are not so listed, Supplemental Indenture) on a pro rata basis, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate (and which may provide for in case of Global Notes, subject to the selection for redemption of portions procedures of the principal of Depositary), although no Note less than the Notes; provided, however, that no such partial redemption shall reduce the portion of the Minimum Denomination in original principal amount of a Note not will be redeemed to less than U.S. $1,000in part. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes Note selected for partial redemption, the principal amount thereof to be redeemed. On and after the Redemption Date, unless the company defaults in payment of the redemption price, interest will cease to accrue on Notes or portions thereof called for redemption. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which that has been or is to be redeemed.. 101

Appears in 1 contract

Samples: Indenture (Hertz Corp)

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemption, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Notes not previously called for redemption, in compliance with the requirements of the Depositary or of the principal securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of the Notes; provided, however, that no such Notes selected for partial redemption shall reduce the portion be in denominations of the principal amount of a Note not redeemed to less than U.S. $1,0001,000 and integral multiples thereof. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the method it has chosen for the selection of Notes and the principal amount thereof to be redeemedredeemed and upon the Company’s written approval of such selection, the Trustee shall redeem the selected Notes. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 1 contract

Samples: Indenture (Aar Corp)

Selection by Trustee of Notes to Be Redeemed. If less than all Unless otherwise specified for Notes of any series in the applicable Notes Supplemental Indenture, as contemplated by Section 301, in the case of any partial redemption, selection of the Notes are to for redemption will be redeemed at any time pursuant to an optional redemption, made by the particular Notes to be redeemed shall be selected Trustee not more than 60 days prior to the Redemption Date by (except that such notice may be delivered more than 60 days prior to the Trustee, from Redemption Date if the outstanding Notes not previously called for redemption, Redemption Date is delayed as provided in compliance with the requirements Section 6 of the principal securities exchange, if any, on which such applicable Notes are listed, or, if such Notes are not so listed, Supplemental Indenture) on a pro rata basis, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate (and which may provide for in case of Global Notes, subject to the selection for redemption of portions procedures of the principal Depositary), although no Note of the Notes; provided, however, that no such partial redemption shall reduce the portion of the Minimum Denomination in original principal amount of a Note not or less will be redeemed to less than U.S. $1,000in part. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes Note selected for partial redemption, the principal amount thereof to be redeemed. On and after the Redemption Date, unless the company defaults in payment of the redemption price, interest will cease to accrue on Notes or portions thereof called for redemption. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which that has been or is to be redeemed.

Appears in 1 contract

Samples: Hertz Corp

Selection by Trustee of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time pursuant to an optional redemptionredeemed, the particular Notes to be redeemed shall will be selected not more than 60 45 days prior to the Redemption Date by the Trustee, Trustee from the outstanding Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listedredemption unless otherwise required by law or applicable depositary requirements, on a pro rata basis, by lot or by such other method basis as to the Trustee shall deem fair and appropriate Holders and which may provide for the selection for redemption of portions of the principal amount of the Notes; provided, however, that no such partial redemption shall will reduce the portion of the principal amount of a Note not redeemed to less than U.S. $1,000the minimum denomination for a Note established in or under this Indenture. In the event a pro rata redemption is not permitted under applicable law or applicable depositary requirements, the Notes to be redeemed will be selected by lot or such method as the Trustee will deem fair and appropriate, subject to the Applicable Procedures. The Trustee shall will promptly notify the Company and the Registrar (if other than itself) in writing of the Notes selected for redemption and, in the case of any Notes 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 Notes shall will relate, in the case of any Note Notes redeemed or to be redeemed only in part, to the portion of the principal amount of such Note Notes which has been or is to be redeemed.

Appears in 1 contract

Samples: Indenture (Level One Bancorp Inc)

Selection by Trustee of Notes to Be Redeemed. If less than all In the case of any partial redemption, selection of the Notes are to for redemption will be redeemed at any time pursuant to an optional redemption, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date made by the Trustee, from the outstanding Notes not previously called for redemption, Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed, listed or, if such the Notes are not so listed, then on as nearly a pro rata basis, basis as possible or by lot or by such other similar method in accordance with the Applicable Procedures (subject to such rounding as may be necessary so that Notes are redeemed in whole increments of $1,000 and no Note of $2,000 in principal amount or less shall be redeemed in part), and in accordance with the Trustee Applicable Procedures. If any Note is to be redeemed in part only, the notice of redemption relating to such note shall deem fair and appropriate and which may provide for the selection for redemption of portions of the principal of the Notes; provided, however, that no such partial redemption shall reduce state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof shall be issued in the name of a the Holder thereof upon cancellation of the original Note not redeemed to less than U.S. $1,000in accordance with Section 5.7. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes 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 redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 1 contract

Samples: Cno Financial (CNO Financial Group, Inc.)

Selection by Trustee of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time pursuant to an optional redemptionredeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, Trustee from the outstanding Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, 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 of the principal amount of the Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note Notes not redeemed to less than U.S. $1,000the minimum denomination for a Notes established herein. The Trustee shall promptly notify the Company Operating Partnership and Co-Obligors and the Registrar (if other than itself) in writing of the Notes selected for redemption and, in the case of any Notes 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 Notes shall relate, in the case of any Note Notes redeemed or to be redeemed only in part, to the portion of the principal amount of such Note Notes which has been or is to be redeemed.

Appears in 1 contract

Samples: Indenture (Sl Green Realty Corp)

Selection by Trustee of Notes to Be Redeemed. If Except in the case of a redemption in whole of the Notes, if less than all the Notes are to be redeemed at any time pursuant to an optional redemptionthe election of the Company, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, 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 of (equal to the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion minimum authorized denomination for Notes or any integral multiple thereof) of the principal amount of Notes in a denomination larger than the minimum authorized denomination for Notes pursuant to Section 3.2 in the Currency in which the Notes are denominated. The portions of the principal amount of Notes so selected for partial redemption shall be equal to the minimum authorized denominations for Notes pursuant to Section 3.2 in the Currency in which the Notes are denominated or any integral multiple thereof. In any case when more than one Note not redeemed to less than U.S. $1,000is 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 Note. The Trustee shall promptly notify the Company and the Note Registrar (if other than itself) in writing of the Notes selected for redemption and, in the case of any Notes 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 Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 1 contract

Samples: Indenture (MGM Grand Inc)

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemptionredeemed, the particular Notes or portions thereof to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Notes not previously called for redemption, redemption in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes being redeemed are listed, or, if such the Notes are not so listed, listed on a pro rata basisnational exchange, by lot or by such other method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption appropriate; provided that no Notes of portions a principal amount of the principal of the Notes$1,000 or less will be redeemed in part; provided, howeverfurther, that no any such partial redemption pursuant to the provisions relating to a Public Equity Offering shall reduce be made on a pro rata basis or on as nearly a pro rata basis as practicable (subject to the portion procedures of the principal amount of a Note not redeemed to less than U.S. $1,000Depository or any other depository). The Trustee shall promptly notify the Company and each Note Registrar in writing of the Notes selected for partial redemption and, in the case of any Notes selected for partial redemption, and the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 1 contract

Samples: Indenture (General Communication Inc)

Selection by Trustee of Notes to Be Redeemed. If less than all In the case of any partial redemption, selection of the Notes are to for redemption will be redeemed at any time pursuant to an optional redemption, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date made by the Trustee, from the outstanding Notes not previously called for redemption, Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed, listed or, if such the Notes are not so listed, then on as nearly a pro rata basis, basis as possible or by lot or by such other similar method in accordance with the Applicable Procedures (subject to such rounding as may be necessary so that Notes are redeemed in whole increments of $1,000 and no Note of $2,000 in principal amount or less shall be redeemed in part), and in accordance with the Trustee shall deem fair and appropriate and which may provide for Applicable Procedures. If any Note is to be redeemed in part only, the selection for notice of redemption of portions of the principal of the Notes; provided, however, that no relating to such partial redemption shall reduce Note will state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of a the Holder thereof upon cancellation of the original Note not redeemed to less than U.S. $1,000in accordance with Section 5.7. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes 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 redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 1 contract

Samples: Supplemental Indenture (CNO Financial Group, Inc.)

Selection by Trustee of Notes to Be Redeemed. If less In the event that fewer than all of the Notes are to be redeemed at any time pursuant to an optional redemptionredeemed, the particular Trustee shall select the Notes to be redeemed shall be selected not more than 60 days prior to redeemed, if the Redemption Date by the Trustee, from the outstanding Notes not previously called for redemption, in compliance with the requirements of the principal are listed on a national securities exchange, if any, on which in accordance with the rules of such Notes are listed, exchange or, if such the Notes are not so listed, either on a pro rata basis, by lot basis or by lot, or such other method as the Trustee it shall deem fair and appropriate and which may provide for the selection for redemption of portions of the principal of the Notesequitable; provided, however, that no such if a partial redemption shall reduce is made with the portion proceeds of a Public Equity Offering, selection of the principal amount of Notes or portion thereof for redemption shall be made by the Trustee on a Note not redeemed pro rata basis to less than U.S. $1,000the extent practical, unless such a method is prohibited. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. The Trustee may select for redemption portions of the principal of the Notes that have denominations larger than $1,000. Notes and portions thereof the Trustee selects shall be redeemed in amounts of $1,000 or whole multiples of $1,000. For all purposes of this Indenture, Indenture unless the context otherwise requires, all provisions relating of this Indenture that apply to Notes called for redemption also apply to portions of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.called for redemption. 50 -42-

Appears in 1 contract

Samples: Indenture (Carpenter W R North America Inc)

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemptionredeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, redemption 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 of the principal of Notes and, in the Notescase of Notes represented by a Global Note held by the Depository, in accordance with Depository procedures; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than U.S. $1,000. The Trustee shall promptly notify the Company Issuer in writing of all available information (including information obtainable from the Depository) concerning the Notes selected for redemption and, in the case of any Notes 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 redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 1 contract

Samples: Qwest Corp

Selection by Trustee of Notes to Be Redeemed. If less than all The Trustee shall select the Notes to be redeemed, if the Notes are to be redeemed at any time pursuant to an optional redemption, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Notes not previously called for redemption, in compliance with the requirements of the then listed on a principal national securities exchange, if any, on which in accordance with the rules of such Notes are listed, exchange or, if such the Notes are not so listedlisted on a national securities exchange, either on a pro rata basis, by lot basis or by lot, or such other method as the Trustee in its sole discretion shall deem fair and appropriate and which may provide for the selection for redemption appropriate; provided that (i) no Notes of portions of the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion of the a principal amount of $1,000 or less shall be redeemed in part and (ii) in the case of a Note not redeemed partial redemption made with the proceeds of a Qualified Equity Offering, the Trustee shall select the Notes or portions thereof only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to less than U.S. $1,000procedures of the Depository), unless such method is otherwise prohibited. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. The Trustee may select for redemption portions of the principal of the Notes that have denominations larger than $1,000. Notes and portions thereof the Trustee selects shall be redeemed in amounts of $1,000 or whole multiples of $1,000. For all purposes of this Indenture, Indenture unless the context otherwise requires, all provisions relating of this Indenture that apply to Notes called for redemption also apply to portions of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemedcalled for redemption.

Appears in 1 contract

Samples: Indenture (Laidlaw International Inc)

Selection by Trustee of Notes to Be Redeemed. If less than all Unless otherwise specified for Notes of any series in the applicable Notes Supplemental Indenture, as contemplated by Section 301, in the case of any partial redemption, selection of the Notes are to for redemption will be redeemed at any time pursuant to an optional redemption, made by the particular Notes to be redeemed shall be selected Trustee not more than 60 days prior to the Redemption Date by (except that such notice may be delivered more than 60 days prior to the Trustee, from Redemption Date if the outstanding Notes not previously called for redemption, Redemption Date is delayed as provided in compliance with the requirements Section 6 of the principal securities exchange, if any, on which such applicable Notes are listed, or, if such Notes are not so listed, Supplemental Indenture) on a pro rata basis, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate and which may provide for the selection for redemption of portions appropriate, although no Note of the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion of the Minimum Denomination in original principal amount of a Note not or less will be redeemed to less than U.S. $1,000in part. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes Note selected for partial redemption, the principal amount thereof to be redeemed. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which that has been or is to be redeemed.

Appears in 1 contract

Samples: Core & Main, Inc.

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemption, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, 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 of the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion (equal to $1,000 or any integral multiple thereof) of the principal amount of Notes of a Note not redeemed to less denomination larger than U.S. $1,000. If any Note selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Note so selected, the converted portion of such Note shall be deemed (so far as may be) to be the portion selected for redemption. Notes which have been converted during a selection of Notes to be redeemed shall be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and the Note Registrar in writing of the Notes selected for redemption and, in the case of any Notes 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 Notes shall relate, in the case of any Note Notes redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 1 contract

Samples: Robbins & Myers Inc

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemption, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Notes not previously called for redemption, in compliance with the requirements of the principal securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, 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 of the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than U.S. $1,000U.S.$1,000. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. If any Note selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Note so selected, the converted portion of such Note shall be deemed, to the fullest extent practicable, to be the portion selected for redemption. Notes which have been converted during a selection of Notes to be redeemed, may be treated by the Trustee as outstanding for the purpose of such selection. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 1 contract

Samples: Indenture (Bunge LTD)

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemptionredeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, Trustee from the outstanding Notes not previously called for redemption, redemption in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed, listed or, if such the Notes are not so listedthen listed on a national securities exchange, on a pro rata basis, basis or by lot or by such any other method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions of the principal of the Notes; provided, however, that no -------- ------- such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than U.S. $1,000. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes 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 redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which that has been or is to be redeemed.

Appears in 1 contract

Samples: Jorgensen Earle M Co /De/

Selection by Trustee of Notes to Be Redeemed. If less than all Unless otherwise specified for Notes of any series in the applicable Notes Supplemental Indenture, as contemplated by Section 301, in the case of any partial redemption, selection of the Notes are to for redemption will be redeemed at any time pursuant to an optional redemptionmade, in the particular Notes to be redeemed shall be selected case of global notes, in accordance with procedures of the Depositary or, in the case of certificated Notes, by the Trustee not more than 60 days prior to the Redemption Date by (except that such notice may be delivered more than 60 days prior to the Trustee, from Redemption Date if the outstanding Notes not previously called for redemption, Redemption Date is delayed as provided in compliance with the requirements Section 6 of the principal securities exchange, if any, on which such applicable Notes are listed, or, if such Notes are not so listed, Supplemental Indenture) on a pro rata basis, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate and which may provide for the selection for redemption appropriate, in integral multiples of portions $1,000, although no Note of the principal of the Notes; provided, however, that no such partial redemption shall reduce the portion of the $2,000 in original principal amount of a Note not or less will be redeemed to less than U.S. $1,000in part. The Trustee shall promptly notify the Company Issuer of such Notes in writing of the Notes selected for redemption and, in the case of any Notes Note selected for partial redemption, the principal amount thereof to be redeemed. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which that has been or is to be redeemed.

Appears in 1 contract

Samples: Indenture (Univar Solutions Inc.)

Selection by Trustee of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time pursuant to an optional redemptiontime, the particular selection of Notes to for redemption will be redeemed shall be selected not more than 60 days prior to the Redemption Date made by the Trustee, from the outstanding Notes not previously called for redemption, Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed, listed or, if such the Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem deems fair and appropriate and which may provide for the selection for redemption of portions of the principal of the Notes; providedappropriate, however, provided that no such partial redemption Notes with shall reduce the portion of the be redeemed in a principal amount of a Note not redeemed to that is less than U.S. $1,000. The Trustee shall promptly notify the Company and the Registrar in writing of the Notes selected for redemption and, in the case of any Notes 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 redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 1 contract

Samples: Duane Reade Inc

Selection by Trustee of Notes to Be Redeemed. If less than all of the Notes are to be redeemed, and the Notes are Global Notes, the Notes to be redeemed at any time pursuant will be selected by the Trustee in accordance with the Depositary’s standard procedures. If the Notes to an optional redemptionbe redeemed are Certificated Notes, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, Trustee from the outstanding Outstanding Notes not previously called for redemption, in compliance with the requirements of the principal securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, 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 of the principal amount of the such Notes; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than U.S. $1,000the minimum denomination for a Note established herein or pursuant hereto. The Trustee shall promptly notify the Company and the Note Registrar (if other than itself) in writing of the Notes selected for redemption and, in the case of any Notes 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 Notes shall relate, in the case of any Note Notes redeemed or to be redeemed only in part, to the portion of the principal amount of such Note Notes which has been or is to be redeemed.

Appears in 1 contract

Samples: Indenture (HomeStreet, Inc.)

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemptionredeemed, the particular Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, Trustee from the outstanding Outstanding Notes not previously called for redemption, redemption in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed, listed or, if such the Notes are not so listedthen listed on a national securities exchange, on a pro rata basis, basis or by lot or by such any other method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions of the principal of the Notes; provided, however, that no such partial -------- ------- redemption shall reduce the portion of the principal amount at Stated Maturity of a Note not redeemed to less than U.S. $1,000. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount at Stated Maturity thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount at Stated Maturity of such Note which that has been or is to be redeemed.

Appears in 1 contract

Samples: Indenture (Teligent Inc)

Selection by Trustee of Notes to Be Redeemed. If less than all the Notes are to be redeemed at any time pursuant to an optional redemption, the particular Notes to be redeemed shall be selected not more than 60 90 days prior to the Redemption Date by the Trustee, from the outstanding Notes not previously called for redemption, in compliance with the requirements of the principal securities exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, on a pro rata basis, by lot or by such other method as the Trustee in its sole discretion shall deem fair and appropriate (and in such manner as complies with applicable legal requirements) and which may provide for the selection for redemption of portions of the principal of the Notes; providedPROVIDED, howeverHOWEVER, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than U.S. $1,000. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes 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 redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 1 contract

Samples: Flag Telecom Holdings LTD

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