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

Selection by Trustee of Notes to Be Redeemed. In the event that less than all of the Notes are to be redeemed pursuant to a redemption made pursuant to paragraph 6 of the Notes, selection of the Notes for redemption shall be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not then listed on a national security exchange, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate; provided, however, that no Notes of a principal amount of $2,000 or less shall be redeemed in part. The Trustee shall promptly notify the 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 unless the context otherwise requires, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Issuer may acquire Notes by means other than redemption, whether pursuant to an Issuer tender offer, open market purchase or otherwise; provided such acquisition does not otherwise violate the other terms of this Indenture.

Appears in 4 contracts

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

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Selection by Trustee of Notes to Be Redeemed. In the event that less If fewer than all of the Notes are to be redeemed at any time pursuant to a redemption made pursuant to paragraph 6 of the NotesSection 1007, selection of the Notes for redemption shall will be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not then listed on a national security exchange, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate; provided, however, PROVIDED that no Notes of a principal amount in denominations of $2,000 or less 250,000 shall be redeemed in part. The portions of the principal of Notes so selected for partial redemption shall be equal to the minimum authorized denomination of the Notes, or an integral multiple of $1,000 in excess thereof, and the principal amount which remains Outstanding shall not be less than the minimum authorized denomination for Notes. The Trustee shall promptly notify the Issuer Obligor 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. For all purposes of this Indenture Indenture, unless the context otherwise requires, all provisions of this Indenture that apply relating to Notes called for the redemption also apply to portions of Notes called for redemption. The Issuer may acquire Notes by means other than redemptionshall relate, whether pursuant in the case of any Note redeemed or to an Issuer tender offerbe redeemed only in part, open market purchase to the portion of the principal of such Note which has been or otherwise; provided such acquisition does not otherwise violate the other terms of this Indentureis to be redeemed.

Appears in 2 contracts

Samples: Assumption Agreement (Pepsi Bottling Group Inc), Pepsi Bottling Group Inc

Selection by Trustee of Notes to Be Redeemed. In the event that less fewer than all of the Notes are to be redeemed pursuant redeemed, the Trustee shall select the Notes to be redeemed, if the Notes are listed on a national securities exchange, in accordance with the rules of such exchange or, if the Notes are not so listed, on either a pro rata basis or by lot, or such other method as it shall deem fair and equitable; PROVIDED, HOWEVER, that if a partial redemption is made pursuant to paragraph 6 with the proceeds of the Notesa Qualified Equity Offering, selection of the Notes or portion thereof for redemption shall be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not then listed on a national security exchange, on a pro rata PRO RATA basis, by lot or by unless such a method as the Trustee shall deem fair and appropriate; provided, however, that no Notes of a principal amount of $2,000 or less shall be redeemed in partis prohibited. The Trustee shall promptly notify the Issuer Company 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 unless the context otherwise requires, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Issuer may acquire Notes by means other than redemption, whether pursuant to an Issuer tender offer, open market purchase or otherwise; provided such acquisition does not otherwise violate the other terms of this Indenture.

Appears in 2 contracts

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

Selection by Trustee of Notes to Be Redeemed. In the event that less fewer than all of the Notes are to be redeemed pursuant redeemed, the Trustee shall select the Notes to be redeemed, if the Notes are listed on a national securities exchange, in accordance with the rules of such exchange or, if 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 pursuant to paragraph 6 with the proceeds of the Notesa Public Equity Offering, selection of the Notes or portion thereof for redemption shall be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not then listed on a national security exchange, on a pro rata basis, by lot or by unless such a method as the Trustee shall deem fair and appropriate; provided, however, that no Notes of a principal amount of $2,000 or less shall be redeemed in partis prohibited. The Trustee shall promptly notify the Issuer Company 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, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Issuer may acquire Notes by means other than redemption, whether pursuant to an Issuer tender offer, open market purchase or otherwise; provided such acquisition does not otherwise violate the other terms of this Indenture.

Appears in 1 contract

Samples: Morris Material Handling Inc

Selection by Trustee of Notes to Be Redeemed. In the event that less than all of the Notes are to be redeemed at any time pursuant to a redemption made pursuant to paragraph 6 of the Notesredemption, selection of the such Notes for redemption shall will be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not then listed on a national security securities exchange, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate; provided, however, that no Notes of a principal amount at maturity of $2,000 1,000 or less shall be redeemed in part. The Trustee shall promptly notify ; provided, further, that if a partial redemption is made with the Issuer net cash proceeds of an Equity Offering, selection of the Notes selected or portions thereof for redemption andshall be made by the Trustee on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of The Depository Trust Company) or by lot, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemedunless such method is otherwise prohibited. For all purposes of this Indenture unless the context otherwise requires, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Issuer may acquire Notes by means other than redemption, whether pursuant to an Issuer tender offer, open market purchase or otherwise; provided such acquisition does not otherwise violate the other terms of this Indenture.

Appears in 1 contract

Samples: Indenture (Language Line Holdings, Inc.)

Selection by Trustee of Notes to Be Redeemed. In the event that less than all of the Notes are to be redeemed pursuant to a redemption made pursuant to paragraph 6 of the Notes, selection of the Notes for redemption shall be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not then listed on a national security exchange, on a pro rata basisbasis (or, in the case of Global Notes, the Notes will be selected for redemption by lot or by such method as based on the Trustee shall deem fair and appropriateprocedures of the Depository); provided, however, provided that no Notes of with a principal amount of $2,000 1,000 or less shall be redeemed in part. The Trustee shall promptly notify the Issuer Issuers 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 minimum denominations of $1,000 or an integral multiple of $1.00 in excess thereof. For all purposes of this Indenture unless the context otherwise requires, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Issuer Issuers may acquire Notes by means other than redemption, whether pursuant to an Issuer issuer tender offer, open market purchase or otherwise; provided such acquisition does not otherwise violate the other terms of this Indenture.

Appears in 1 contract

Samples: Indenture (Trilogy International Partners Inc.)

Selection by Trustee of Notes to Be Redeemed. In the event that less than all of the 2019 3.125% Notes or 2024 Notes, as the case may be, are to be redeemed pursuant to a redemption made pursuant to paragraph 6 of the such Notes, selection of the Notes for redemption shall be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which the such Notes are listed or, if the such Notes are not then listed on a national security securities exchange, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate; provided, however, that no Notes of a principal amount of $2,000 or less shall be redeemed in part. The Trustee shall promptly notify the 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 unless the context otherwise requires, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Issuer may acquire Notes of either series by means other than redemption, whether pursuant to an Issuer tender offer, open market purchase or otherwise; , provided such acquisition does not otherwise violate the other terms of this Indenture.

Appears in 1 contract

Samples: ER Marks, Inc.

Selection by Trustee of Notes to Be Redeemed. In the event that less If fewer than all of the Notes are to be redeemed pursuant to a redemption made pursuant to paragraph 6 of at any time, the Notes, selection of Trustee shall select the Notes for redemption shall to be made by redeemed, if the Trustee in compliance with the requirements of the principal Notes are listed on a national securities exchange, if any, on which in accordance with the Notes are listed rules of such exchange or, if the Notes are not then listed on a national security exchangeso listed, either on a pro rata basis, by lot basis or by lot, or such other method as the Trustee shall deem fair and appropriate; providedprovided that, however, that no Notes in the case of a principal amount redemption pursuant to paragraph 5(a), 5(b) or 5(c) of $2,000 the Notes, the Trustee shall select the Notes only on a pro rata basis or less shall be redeemed in parton as nearly a pro rata basis as is practicable (subject to procedures of the Depository). The Trustee shall promptly notify the Issuer Company 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 amount 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 unless the context otherwise requires, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Issuer may acquire Notes by means other than redemption, whether pursuant to an Issuer tender offer, open market purchase or otherwise; provided such acquisition does not otherwise violate the other terms of this Indenture.

Appears in 1 contract

Samples: FMC Corp

Selection by Trustee of Notes to Be Redeemed. In the event that less If fewer than all of the Notes of any tranche are to be redeemed, the particular Notes to be redeemed pursuant to a redemption made pursuant to paragraph 6 of the Notes, selection of the Notes for redemption shall be made selected not more than 60 days prior to the Redemption Date by the Trustee in compliance with from the requirements Outstanding Notes of the principal national securities exchangesuch tranche not previously called for redemption, if any, on which the Notes are listed or, if the Notes are not then listed on a national security exchange, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate; provided. The portions of the principal of Notes so selected for partial redemption shall be equal to the minimum authorized denomination of the Notes, howeveror an integral multiple thereof, that no Notes of a and the principal amount of $2,000 or which remains Outstanding shall not be less shall be redeemed in partthan the minimum authorized denomination for Notes. The Trustee shall promptly notify the Issuer Obligor 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. For all purposes of this Indenture Indenture, unless the context otherwise requires, all provisions of this Indenture that apply relating to Notes called for the redemption also apply to portions of Notes called for redemption. The Issuer may acquire Notes by means other than redemptionshall relate, whether pursuant in the case of any Note redeemed or to an Issuer tender offerbe redeemed only in part, open market purchase to the portion of the principal of such Note which has been or otherwise; provided such acquisition does not otherwise violate the other terms of this Indentureis to be redeemed.

Appears in 1 contract

Samples: Pepsi Bottling Group Inc

Selection by Trustee of Notes to Be Redeemed. In the event that less than all of the Notes are to be redeemed at any time pursuant to a redemption made pursuant to paragraph 6 of the Notesan optional redemption, selection of the such Notes for redemption shall will be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not then listed on a national security securities exchange, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate; provided, however, that no Notes of a principal amount of $2,000 1,000 or less shall be redeemed in part. The Trustee shall promptly notify ; provided, further, however, that if a partial redemption is made with the Issuer net cash proceeds of a Public Equity Offering, selection of the Notes selected or portions thereof for redemption andshall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of The Depository Trust Company), in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemedunless such method is otherwise prohibited. For all purposes of this Indenture unless the context otherwise requires, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Issuer may acquire Notes by means other than redemption, whether pursuant to an Issuer tender offer, open market purchase or otherwise; provided such acquisition does not otherwise violate the other terms of this Indenture.

Appears in 1 contract

Samples: General Cable Corp /De/

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Selection by Trustee of Notes to Be Redeemed. In the event that less than all of the 2025 Notes or 2034 Notes, as the case may be, are to be redeemed pursuant to a redemption made pursuant to paragraph 6 of the such Notes, selection of the Notes for redemption shall be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which the such Notes are listed or, if the such Notes are not then listed on a national security securities exchange, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate; provided, however, that no Notes of a principal amount of $2,000 or less shall be redeemed in part. The Trustee shall promptly notify the 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 unless the context otherwise requires, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Issuer may acquire Notes of either series by means other than redemption, whether pursuant to an Issuer tender offer, open market purchase or otherwise; , provided such acquisition does not otherwise violate the other terms of this Indenture.

Appears in 1 contract

Samples: Indenture (ER Marks, Inc.)

Selection by Trustee of Notes to Be Redeemed. In the event that less than all of the Notes are to be redeemed at any time pursuant to a redemption made pursuant to paragraph 6 of the Notes, selection of the Notes for redemption shall be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which the such Notes are listed or, if the such Notes are not then listed on a national security securities exchange, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate; provided, however, that no Notes of a principal amount of $2,000 or less shall be redeemed in part. The Trustee shall promptly notify the 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 unless the context otherwise requires, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Issuer may acquire Notes by means other than redemption, whether pursuant to an Issuer tender offer, open market purchase or otherwise; , whether through a privately negotiated transaction or public tender or exchange offer, provided such acquisition does not otherwise violate the other terms of this Indenture.

Appears in 1 contract

Samples: Indenture (QVC Inc)

Selection by Trustee of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed at any time pursuant to a redemption made pursuant to paragraph 6 of the such Notes, selection of the Notes for redemption shall be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed or, and if the Notes are Global Notes held by the Depository, the applicable operational procedures of the Depository for selection of Notes for redemption will apply. If the Notes are not then listed on a national security exchangeGlobal Notes held by the Depository, the Trustee will select Notes for redemption on a pro rata basis, basis unless otherwise required by lot law or by such method as the Trustee shall deem fair and appropriateapplicable stock exchange requirements; provided, however, that no Notes of a principal amount of $2,000 or less shall be redeemed in part. The Trustee shall promptly notify the 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 unless the context otherwise requires, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Issuer may acquire Notes by means other than redemption, whether pursuant to an Issuer tender offer, open market purchase or otherwise; , provided that such acquisition does not otherwise violate the other terms of this Indenture.

Appears in 1 contract

Samples: Hilltop Holdings Inc.

Selection by Trustee of Notes to Be Redeemed. In the event that less than all of the Notes are to be redeemed pursuant to a redemption made pursuant to paragraph 6 of the Notes, selection of the Notes for redemption shall be made by the Trustee either (1) in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if as determined and directed in writing by the Notes are not then listed on a national security exchange, on a pro rata basisIssuers or (2) in the case of physical securities, by lot or by such method as the Trustee shall deem fair and appropriate; provided, however, that no Notes appropriate subject to the procedures of a principal amount of $2,000 or less shall be redeemed in partthe Depository for the Global Notes. The Trustee shall promptly notify the Issuer Issuers 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. If a partial redemption is made with the proceeds of a Public Equity Offering, the Trustee shall select the Notes only on a pro rata basis or as nearly a pro rata basis as is practicable (subject to the procedures of the Depository for the Global Notes). For all purposes of this Indenture unless the context otherwise requires, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Issuer Issuers may acquire Notes by means other than redemption, whether pursuant to an Issuer issuer tender offer, open market purchase or otherwise; provided such acquisition does not otherwise violate the other terms of this Indenture.

Appears in 1 contract

Samples: Supplemental Indenture (Trilogy International Partners Inc.)

Selection by Trustee of Notes to Be Redeemed. In the event that less than all of the Notes are to be redeemed pursuant to a redemption made pursuant to paragraph 6 of the NotesSection 3.07, selection of the Notes for redemption shall be made in accordance with Applicable Procedures if the Notes are Global Notes, otherwise by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not then listed on a national security securities exchange, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate; provided, however, that no Notes of a principal amount of $2,000 or less shall be redeemed in part. The Trustee shall promptly notify the 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 in whole multiples of $1,000 in excess thereof. For all purposes of this Indenture unless the context otherwise requires, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Issuer may acquire Notes by means other than redemption, whether pursuant to an Issuer tender offer, open market purchase or otherwise; provided such acquisition does not otherwise violate the other terms of this Indenture.

Appears in 1 contract

Samples: Sears Holdings Corp

Selection by Trustee of Notes to Be Redeemed. In the event that less than all of the Notes are to be redeemed pursuant to a redemption made pursuant to paragraph 6 of the Notes, selection of the Notes for redemption shall be made by the Trustee either (1) in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if as determined and directed in writing by the Notes are not then listed on a national security exchange, on a pro rata basisIssuers or (2) in the case of physical securities, by lot or by such method as the Trustee shall deem fair and appropriate; provided, however, that no Notes appropriate subject to the procedures of a principal amount of $2,000 or less shall be redeemed in partthe Depository for Global Notes. The Trustee shall promptly notify the Issuer Issuers 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 unless the context otherwise requires, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Issuer Issuers may acquire Notes by means other than redemption, whether pursuant to an Issuer issuer tender offer, open market purchase or otherwise; , provided such acquisition does not otherwise violate the other terms of this Indenture.

Appears in 1 contract

Samples: Indenture (Alignvest Acquisition Corp)

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