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 fewer than all of the Notes of any series are to be redeemed, the Trustee shall select the Notes of such series to be redeemed, if the Notes of such series are listed on a national securities exchange, in accordance with the rules of such exchange or, if the Notes of such series are not so listed, either on a pro rata basis, by lot or in such other manner as the Trustee shall deem fair and appropriate; provided, however, that if a partial redemption is made with the proceeds of an Equity Offering, selection of the Fixed Rate Notes or portions thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to DTC procedures), unless such method is otherwise prohibited. The Trustee shall promptly notify the Issuer of the Notes of each series 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.

Selection by Trustee of Notes to Be Redeemed. In the event that fewer than all of the Notes of any series are to be redeemed, the Trustee shall select the Notes of such series to be redeemed, if the Notes of such series are listed on a national securities exchange, in accordance with the rules of such exchange or, if the Notes of such series are not so listed, either on a pro rata basisbasis or by lot, by lot or in such other manner method as the Trustee it shall deem fair and appropriateequitable; provided, however, that if a partial redemption is made with the proceeds of an a Public Equity Offering, selection of the Fixed Rate Notes or portions portion thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to DTC procedures)the extent practical, unless such a method is otherwise prohibited. The Trustee shall promptly notify the Issuer Company of the Notes of each series 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.. 50 -42-

Selection by Trustee of Notes to Be Redeemed. In the event that fewer than all of the Notes of any series are to be redeemed, the Trustee shall select the Notes of such series to be redeemed, if the Notes of such series are listed on a national securities exchange, in accordance with the rules of such the principal national securities exchange oron which the Notes are listed, if the Notes of such series are not so listed, either on a pro rata basisbasis or by lot, by lot or in such other manner method as the Trustee shall deem fair and appropriate; providedprovided that, however, that if a partial in the case of such redemption is made with the proceeds of an a Qualified Equity Offering, selection of the Fixed Rate Notes or portions thereof for redemption shall be made by the Trustee will select the Notes only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to DTC proceduresprocedures of the Depositary), unless such method is otherwise prohibited. The Trustee shall promptly notify the Issuer Issuers of the Notes of each series 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. No Notes of $1,000 or less may be redeemed in part. 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.

Selection by Trustee of Notes to Be Redeemed. In the event that fewer than all of the Notes of any series are to be redeemed, the The Trustee shall select the Notes of such series to be redeemed, if the Notes of such series are listed on a national securities exchange, in accordance with the rules of such exchange or, if the Notes of such series are not so listed, either redeemed on a pro rata basis, by lot or in such any other manner method as the Trustee shall deem deems fair and appropriate; provided, however, that if a partial redemption is made appropriate (with the proceeds of an Equity Offering, selection of the Fixed Rate Notes or portions thereof for redemption shall such adjustments as may be made deemed appropriate by the Trustee so that only on a pro rata basis Notes in denominations of $2,000, or on as nearly a pro rata basis as is practicable (subject to DTC proceduresmultiples of $1,000 in excess thereof, shall be purchased), unless such method is otherwise prohibited. The Trustee shall promptly notify the Issuer of the Notes of each series 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 $1,0002,000. For redemptions pursuant to paragraph 5 of the Notes, Notes and portions thereof that the Trustee selects shall be redeemed in amounts of $1,000 2,000 or whole multiples of $1,0001,000 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. In the event the Issuer is requested to make a Change of Control Offer or Prepayment Offer and the amounts available for any such offer is not evenly divisible by $1,000, the Trustee shall promptly refund to the Issuer any remaining funds, which in no event shall exceed $1,000.

Selection by Trustee of Notes to Be Redeemed. In the event that fewer than all of the Notes of any series are to be redeemed, the Trustee shall select the Notes of such series to be redeemed, if the Notes of such series are listed on a national securities exchange, in accordance with the rules of such exchange or, if the Notes of such series are not so listed, either on a pro rata basisbasis or by lot, by lot or in such other manner method as the Trustee it shall deem fair and appropriateequitable; 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 an a Public Equity Offering, selection of the Fixed Rate Notes or portions portion thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to DTC procedures)basis, unless such a method is otherwise prohibited. The Trustee shall promptly notify the Issuer Company of the Notes of each series 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.

Selection by Trustee of Notes to Be Redeemed. In the event that fewer than all of the Notes of any series are to be redeemed, the Trustee shall select the Notes of such series to be redeemed, if the Notes of such series are listed on a national securities exchange, in accordance with the rules of such exchange or, if the Notes of such series are not so listed, either on a pro rata basisbasis or by lot, by lot or in such --- ---- other manner method as the Trustee it shall deem fair and appropriateequitable; provided, however, that if a -------- ------- partial redemption is made with the proceeds of an Equity Offering, selection of the Fixed Rate Notes or portions portion thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to DTC procedures)basis, unless such a method is otherwise prohibited. The Trustee shall promptly --- ---- notify the Issuer Issuers of the Notes of each series 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.

Selection by Trustee of Notes to Be Redeemed. In the event that fewer than all of the Notes of any series are to be redeemed, the Trustee shall select the Notes of such series to be redeemed, if the Notes of such series are listed on a national securities exchange, in accordance with the rules of such exchange or, if the Notes of such series are not so listed, either on a pro rata basisbasis or by lot, by lot or in such other manner method as the Trustee it shall deem fair and appropriateequitable; provided, however, provided that if a partial redemption is made with the proceeds of an a Public Equity Offering, selection of the Fixed Rate Notes or portions portion thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to DTC procedures)the extent practical, unless such a method is otherwise prohibited. The Trustee shall promptly notify the Issuer of the Notes of each series 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 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.

Selection by Trustee of Notes to Be Redeemed. In the event that fewer than all of the Notes of any series are to be redeemed, the Trustee shall select the Notes of such series to be redeemed, if the Notes of such series are listed on a national securities exchange, in accordance with the rules of such exchange or, if the Notes of such series are not so listed, on either on a pro rata basisbasis or by lot, by lot or in such other manner as the Trustee it shall deem fair and appropriate; provided, however, that if a -------- ------- partial redemption is made with the proceeds of an a Public Equity Offering, selection of the Fixed Rate Notes or portions portion thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to DTC procedures)basis, unless such a method is otherwise prohibitedprohibited by law or by the --- ---- rules of such national securities exchange. The Trustee shall promptly notify the Issuer of the Notes of each series 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.

Selection by Trustee of Notes to Be Redeemed. In the event that fewer than all of the Notes of any series are to be redeemed, the Trustee shall select the Notes of such series to be redeemed, if the Notes of such series are listed on a national securities exchange, in accordance with the rules of such exchange or, if the Notes of such series are not so listed, either on a pro rata basisbasis or by lot, by lot or in such other manner method as the Trustee it shall deem fair and appropriateequitable; provided, however, that the Issuer 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 an Equity a Qualified Public Offering, selection of the Fixed Rate Notes or portions portion thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to DTC procedures)basis, unless such a method is otherwise prohibited. The Trustee shall promptly notify the Issuer of the Notes of each series 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.

Selection by Trustee of Notes to Be Redeemed. In the event that fewer than all of the Notes of any series are to be redeemed, the Trustee shall select the Notes of such series to be redeemed, if the Notes of such series are listed on a national securities exchange, in accordance with the rules of such exchange or, if the Notes of such series are not so listed, either on a pro rata basis, by lot or in such other manner as the Trustee shall deem fair and appropriate; provided, however, that if a partial redemption is made with the proceeds of an a Qualified Equity Offering, selection of the Fixed Rate Notes or portions thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to DTC procedures), unless such method is otherwise prohibited. The Trustee shall promptly notify the Issuer of the Notes of each series 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 -45- 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.

Selection by Trustee of Notes to Be Redeemed. In the event that fewer than all of the Notes of any series are to be redeemed, the Trustee shall select the Notes of such series to be redeemed, if the Notes of such series are listed on a national securities exchange, in accordance with the rules of such exchange or, if the Notes of such series are not so listed, either on a pro rata basisbasis or by lot, by lot or in such other manner method as the Trustee it shall deem fair and appropriateequitable; provided, however, that the Issuers 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 an a Public Equity Offering, selection of the Fixed Rate Notes or portions portion thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to DTC procedures)basis, unless such a method is otherwise prohibited. The Trustee shall promptly notify the Issuer Issuers of the Notes of each series 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.

Selection by Trustee of Notes to Be Redeemed. In the event that fewer than all of the Notes of any series are to be redeemed, the Trustee shall select the Notes of such series to be redeemed, if the Notes of such series are listed on a national securities exchange, in accordance with the rules of such exchange or, if the Notes of such series are not so listed, either on a pro rata basisbasis or by lot, by lot or in such --- ---- other manner method as the Trustee it shall deem fair and appropriateequitable; provided, however, that if a -------- ------- partial redemption is made with the proceeds of an a Public Equity Offering, selection of the Fixed Rate Notes or portions portion thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to DTC procedures)the extent practical, unless such a method is otherwise --- ---- prohibited. The Trustee shall promptly notify the Issuer Company and, unless the Trustee is acting as such, the Registrar of the Notes of each series 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 selected by 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.

Selection by Trustee of Notes to Be Redeemed. In the event that fewer than all of the Notes of any series are to be redeemed, the Trustee shall select the Notes of such series to be redeemed, if the Notes of such series are listed on a national securities exchange, in accordance with the rules of such exchange or, if the Notes of such series are not so listed, either on a pro rata basis, by lot or in such other manner as the Trustee shall deem fair and appropriate; provided, however, that if a partial redemption is made with the proceeds of an a Qualified Equity Offering, selection of the Fixed Rate Notes or portions thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to DTC procedures), unless such method is otherwise prohibited. The Trustee shall promptly notify the Issuer of the Notes of each series 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 1,OOO or whole multiples of $1,0001,OOO. 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.

Selection by Trustee of Notes to Be Redeemed. In the event that fewer than all of the Notes of any series are to be redeemed, the Trustee shall select the Notes of such series to be redeemed, if the Notes of such series are listed on a national securities exchange, in accordance with the rules of such exchange or, if the Notes of such series are not so listed, either on a pro rata basisbasis or by lot, by lot or in such other manner method as the Trustee it shall deem fair and appropriateequitable; provided, however, that if a partial redemption is made with the proceeds of an a Public Equity Offering, selection of the Fixed Rate Notes or portions portion thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to DTC procedures)the extent practical, unless such a method is otherwise prohibited. The Trustee shall promptly notify the Issuer Company of the Notes of each series 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.

Selection by Trustee of Notes to Be Redeemed. In the event that fewer than all of the Notes of any series are to be redeemed, the Trustee shall select the Notes of such series to be redeemed, if the Notes of such series are listed on a national securities exchange, in accordance with the rules of such exchange or, if the Notes of such series are not so listed, either on a pro rata basisbasis or by lot, by lot or in such other manner method as the Trustee it shall deem fair and appropriateequitable; provided, however, that if a -------- ------- partial redemption is made with the proceeds of an a Public Equity Offering, selection of the Fixed Rate Notes or portions portion thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to DTC procedures)basis, unless such a method is otherwise prohibited. The Trustee --- ---- shall promptly notify the Issuer Issuers of the Notes of each series 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.

Selection by Trustee of Notes to Be Redeemed. In the event that fewer than all of the Notes of any series are to be redeemed, the Trustee shall select the Notes of such series to be redeemed, if the Notes of such series are listed on a national securities exchange, in accordance with the rules of such exchange or, if the Notes of such series are not so listed, either on a pro rata basisbasis or by lot, by lot or in such other manner method as the Trustee it shall deem fair and appropriateequitable; provided, however, that the Issuers 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 an a Public Equity Offering, selection of the Fixed Rate Notes or portions portion thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to DTC procedures)basis, unless such a method is otherwise prohibited. The Trustee shall promptly notify the Issuer Issuers of the Notes of each series selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount at maturity thereof to be redeemed. The Trustee may select for redemption portions of the principal of the Notes that have denominations larger than $1,0001,000 principal amount at maturity. Notes and portions thereof the Trustee selects shall be redeemed in amounts of $1,000 principal amount at maturity or whole multiples of $1,0001,000 principal amount at maturity. 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.

Selection by Trustee of Notes to Be Redeemed. In the event that fewer than all of the Notes of any series are to be redeemed, the Trustee shall select the Notes of such series to be redeemed, if the Notes of such series are listed on a national securities exchange, in accordance with the rules of such exchange or, if the Notes of such series are not so listed, either on a pro rata basisbasis or by lot, by lot or in such other manner method as the Trustee it shall deem fair and appropriateequitable; provided, however, that the Issuers 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 an a Public Equity Offering, selection of the Fixed Rate Notes or portions portion thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to DTC procedures)basis, unless such a method is otherwise prohibited. The Trustee shall promptly notify the Issuer Issuers of the Notes of each series 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.

Selection by Trustee of Notes to Be Redeemed. In the event that fewer than all of the Notes of any series are to be redeemed, the Trustee shall select the Notes of such series to be redeemed, if the Notes of such series are listed on a national securities exchange, in accordance with the rules of such exchange or, if the Notes of such series are not so listed, either on a pro rata basisbasis or by lot, by lot or in such other manner method as the Trustee it shall deem fair and appropriateequitable; providedPROVIDED, howeverHOWEVER, that if a partial redemption is made with the proceeds of an Equity Offeringa public equity offering, selection of the Fixed Rate Notes or portions portion thereof for redemption shall be made by the Trustee only on a pro rata PRO RATA basis or on as nearly a pro rata basis as is practicable (subject to DTC procedures)the extent practical, unless such a method is otherwise prohibited. The Trustee shall promptly notify the Issuer Company of the Notes of each series 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.

Selection by Trustee of Notes to Be Redeemed. In the event that fewer than all of the Notes of any series are to be redeemed, the The Trustee shall select the Notes of such series to be redeemed, if the Notes of such series are then listed on a principal national securities exchange, in accordance with the rules of such exchange or, if the Notes of such series are not so listedlisted on a national securities exchange, either on a pro rata basisbasis or by lot, by lot or in such other manner method as the Trustee in its sole discretion shall deem fair and appropriate; provided, however, provided that if (i) no Notes of a principal amount of $1,000 or less shall be redeemed in part and (ii) in the case of a partial redemption is made with the proceeds of an a Qualified Equity Offering, selection of the Fixed Rate Trustee shall select the Notes or portions thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to DTC proceduresprocedures of the Depository), unless such method is otherwise prohibited. The Trustee shall promptly notify the Issuer Company of the Notes of each series 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.