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 at any time pursuant to a redemption made pursuant to paragraph 6 of such Notes, selection of the Notes for redemption shall be made on a pro rata basis (if the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; provided, however, that no Notes of a principal amount of $2,000 or less shall be redeemed in part. If a partial redemption is made pursuant to paragraph 6 of the Notes, selection of 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 the procedures of the Depository), unless that method is otherwise prohibited. 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 such acquisition does not otherwise violate the other terms of this Indenture.

Appears in 10 contracts

Samples: Indenture (News Corp), Indenture (News Corp), Indenture (ANGI Homeservices Inc.)

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Selection by Trustee of Notes to Be Redeemed. In the event that less than all With respect to any partial redemption or purchase of the Notes are to be redeemed at any time pursuant to a redemption made pursuant to paragraph 6 of such Notesthis Indenture, selection of the Notes for redemption shall or purchase will be made by the Trustee on a pro rata basis (to the extent applicable or by lot or by such method as the Trustee shall deem fair and appropriate; provided that if the Notes are issued represented by Global Notes, interests in physical form) the Notes shall be selected for redemption or purchase by the Depository in accordance with the Depository’s applicable its standard procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listedtherefor; provided, howeverfurther, that no Notes of a principal amount of less than $2,000 or less shall can be redeemed or repurchased in part. If a partial redemption is made pursuant Such Notes to paragraph 6 of be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Notes, selection of Redemption Date from the Outstanding Notes or portions thereof not previously called 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 the procedures of the Depository), unless that method is otherwise prohibitedpurchase. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Notes Note selected for partial redemptionredemption or purchase, the principal amount thereof to be redeemedredeemed or purchased. 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 Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemptionredemption or purchase. The With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed in part only, the Issuer may acquire will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new 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 will be only issued in denominations of this Indenture$2,000 and integral multiple of $1,000 in excess thereof.

Appears in 10 contracts

Samples: Indenture (PennyMac Financial Services, Inc.), Indenture (PennyMac Financial Services, Inc.), Indenture (PennyMac Financial Services, 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 such the Notes, selection of the Notes for redemption shall be made on a pro rata basis (if by the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, Trustee in compliance with the requirements of the principal national securities exchange exchange, if any, on which the Notes are listedlisted 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 1,000 or less shall be redeemed in part. If a partial redemption is made pursuant to the second paragraph of paragraph 6 of the Notes, selection of 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 the procedures of the Depository), unless that method is otherwise prohibited. 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 $2,0001,000. 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, otherwise provided such acquisition does not otherwise violate the other terms of this Indenture.

Appears in 9 contracts

Samples: Indenture (William Lyon Homes Inc), Indenture (Meritage Corp), Indenture (William Lyon Homes)

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 an optional redemption, the particular Notes to paragraph 6 of such Notes, selection of the Notes for redemption be redeemed shall be made on a pro rata basis (if selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchangenot previously called for redemption, in compliance with the requirements of the principal national securities exchange exchange, if any, on which the 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, 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 Notes such partial redemption shall reduce the portion of a the principal amount of $2,000 or a Note not redeemed to less shall be redeemed in part. If a partial redemption is made pursuant to paragraph 6 of the Notes, selection of 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 the procedures of the Depository), unless that method is otherwise prohibitedthan U.S.$2,000. The Trustee shall promptly notify the Issuer 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 $2,000. For all purposes of this Indenture Indenture, unless the context otherwise requires, all provisions of this Indenture that apply relating to Notes called for 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 amount 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 7 contracts

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

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 such Notes, selection the 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 Notes not previously called for redemption, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption shall be made on a pro rata basis of portions (if equal to the minimum authorized denomination for Notes are issued in physical formor any integral multiple thereof) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, in compliance with the requirements of the principal national securities exchange on 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 listed; provided, however, that no Notes denominated. The portions of a the principal amount of $2,000 or less shall be redeemed in part. If a Notes so selected for partial redemption is made pursuant to paragraph 6 of the Notes, selection of 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 equal to the procedures of minimum authorized denominations for Notes pursuant to Section 3.2 in the Depository)currency in which the Notes are denominated or any integral multiple thereof. In any case when more than one Note is registered in the same name, unless that method is otherwise prohibitedthe 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 Issuer Company and the U.S. Depositary for the Notes (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. 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 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 amount 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 5 contracts

Samples: Indenture (MGM Mirage), Indenture (MGM Mirage), Indenture (MGM Mirage)

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 such Notes, selection of the Notes for redemption shall be made on a pro rata basis (if the Notes are issued in physical form) or in accordance with the DepositoryDTC’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; provided, however, that no Notes of a principal amount of $2,000 or less shall be redeemed in part. If a partial redemption is made pursuant to paragraph 6 of the Notes, selection of 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 the procedures of the Depository), unless that method is otherwise prohibited. 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 such acquisition does not otherwise violate the other terms of this Indenture.

Appears in 4 contracts

Samples: Indenture (Iac/Interactivecorp), Iac/Interactivecorp, Match Group, Inc.

Selection by Trustee of Notes to Be Redeemed. In the event that less than all case of the Notes are to be redeemed at any time pursuant to a redemption made pursuant to paragraph 6 of such Notespartial redemption, selection of the Notes for redemption shall will be made on a pro rata basis (if by the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, Paying Agent in compliance with the requirements of the principal national securities exchange exchange, if any, on which the such Notes are listed (so long as the Paying Agent knows of such listing), or if such Notes are not so listed, by lot (and in such manner as complies with the procedures of the Depositary), in minimum denominations of $2,000 and in integral multiples of $1,000 in excess thereof; providedprovided that, howeverin either case, that no the selection of Notes for redemption shall not result in a Holder of Notes with a principal amount of Notes less than the minimum denomination of $2,000 2,000. If any Note is to be purchased or less shall be redeemed in part. If a partial part only, the notice of purchase or redemption is made pursuant relating to paragraph 6 such Note shall state the portion of the Notes, selection principal amount thereof that has been or is to be purchased or redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon cancellation of the original Note in accordance with Section 5.7. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption shall so long as the Issuer has deposited with the Paying Agent funds sufficient to pay the principal of and premium, if any, plus accrued and unpaid interest, if any, on the Notes to 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), unless that method is otherwise prohibitedredeemed. The Trustee shall promptly notify the 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. 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 of this Indenture that apply relating to Notes called for 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 amount 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 4 contracts

Samples: Mattel Inc /De/, Mattel Inc /De/, Mattel Inc /De/

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 such Notestime, selection of the Trustee shall select Notes for redemption shall be made on a pro rata basis (if the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, in compliance with the requirements of the principal national securities exchange exchange, if any, on which the such Notes are listed (so long as the Trustee knows of such listing), 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, in the case of the Global Notes, the procedures of the Depositary) in minimum denominations of $2,000 and in integral multiples of $1,000 in excess thereof; provided, however, provided that no the selection of Notes for redemption shall not result in a Holder of Notes with a principal amount of Notes less than the minimum denomination of $2,000 2,000. If any Note is to be purchased or less redeemed in part only, the notice of purchase or redemption relating to such Note shall state the portion of the principal amount thereof that has been or is to be purchased or redeemed. A new Note in principal amount equal to the unredeemed portion thereof shall be redeemed issued in part. If a partial redemption is made pursuant to paragraph 6 the name of the Notes, selection Holder thereof upon cancellation of the original Note in accordance with Section 5.7. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption shall so long as the Issuer has deposited with the Paying Agent funds sufficient to pay the principal and premium, if any, plus accrued and unpaid interest, if any, on the Notes to 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), unless that method is otherwise prohibitedredeemed. The Trustee shall promptly notify the 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. 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 of this Indenture that apply relating to Notes called for 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 amount 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 4 contracts

Samples: CommScope Holding Company, Inc., CommScope Holding Company, Inc., CommScope Holding Company, Inc.

Selection by Trustee of Notes to Be Redeemed. In the event that less fewer than all of the Notes are to be redeemed at any time pursuant to a redemption made pursuant to paragraph 6 of such Notesredeemed, selection of the Trustee shall select the Notes for redemption shall to be made on a pro rata basis (if the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each caseredeemed, if the Notes are listed on a national securities exchange, in compliance accordance with the requirements rules of the principal national securities such exchange on which or, if the Notes are not so listed, either on a PRO RATA basis, by lot or in such other manner as the Trustee shall deem fair and equitable; providedPROVIDED, howeverHOWEVER, that no Notes of a principal amount of $2,000 or less shall be redeemed in part. If if a partial redemption is made pursuant to paragraph 6 with the proceeds of the Notesa Public Equity Offering, selection of the Notes or portions thereof for redemption shall be made by the Trustee only on a pro rata PRO RATA basis or on as nearly a pro rata PRO RATA basis as is practicable (subject to the procedures of the DepositoryDTC procedures), unless that such method is otherwise 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 $2,000US$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 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: Indenture (Norske Skog Canada LTD), Indenture (Norske Skog Canada LTD), Norske Skog Canada LTD

Selection by Trustee of Notes to Be Redeemed. In the event that less than all of Notes for the time being outstanding are at any time to be redeemed, the Notes are so to be redeemed at any time pursuant to a redemption made pursuant to paragraph 6 of such Notes, selection of the Notes for redemption shall will be made selected on a pro rata basis (and, where applicable, in accordance with the procedures of the Depositary. Notes and portions thereof selected shall be in amounts of any integral multiple of Cdn$1,000, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of Cdn$1,000 or even if the Notes are issued of a principal amount of Cdn$1,000 or less, shall be redeemed in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; provided, however, that no full. No Notes of a principal amount of $2,000 Cdn$1,000 or less shall be redeemed in part. If a partial redemption Any Note which is made to be redeemed only in part shall be surrendered at the office or agency of the Company maintained for such purpose pursuant to paragraph 6 Section 902 of the Indenture (with, if the Company, the Security Registrar or the Trustee so requires, due endorsement by, or a written instrument of transfer in form satisfactory to the Company, the Security Registrar or the Trustee duly executed by, the Holder thereof or its attorney duly authorized in writing). Upon the proper surrender of any such Note for redemption, the Company shall execute and the Trustee shall certify and deliver without charge to the Holder or upon his or her order one or more new Notes, selection with the same maturity and rate of interest for the unredeemed part of the principal amount of the Note or Notes or portions thereof for redemption shall so surrendered; provided, however, that, in the case of a Global Security, an appropriate notation may instead be made by on such Note to decrease the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject principal amount thereof to an amount equal to the procedures unredeemed portion thereof. For all purposes of the Depository)this Supplemental Indenture, unless that method is the context otherwise prohibited. The Trustee requires, all provisions relating to redemption of a “Note” or “Notes” shall promptly notify the Issuer of the Notes selected for redemption andrelate, in the case of any Notes selected for partial redemptionNote or Notes, as applicable, redeemed or to be redeemed only in part, to the portion of the principal amount thereof of such Note or Notes which has been or is 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 such acquisition does not otherwise violate the other terms of this Indenture.

Appears in 4 contracts

Samples: Twentieth Supplemental Indenture (Rogers Communications Inc), Supplemental Indenture (Rogers Communications Inc), Nineteenth Supplemental Indenture (Rogers Communications 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 (unless such redemption affects only a single Note), the particular Notes to a redemption made pursuant be redeemed shall be selected not less than 30 days prior to paragraph 6 of such the Redemption Date by the Trustee from the Outstanding Notes, by lot or such other method as the Trustee shall deem fair and appropriate and which may provide for the selection of the Notes for redemption shall be made on a pro rata basis (if the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, in compliance with the requirements of portions of the principal national securities exchange on which the Notes are listedamount of Notes; providedPROVIDED, howeverHOWEVER, that no Notes such partial redemption shall reduce the portion of a the principal amount of $2,000 or a Note not redeemed to less shall be redeemed in part. If than the minimum denomination for a partial redemption is made pursuant to paragraph 6 of the Notes, selection of 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 the procedures of the Depository), unless that method is otherwise prohibitedNote established herein. The Trustee shall promptly notify the Issuer 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. The Trustee may select for provisions of the two preceding paragraphs shall not apply with respect to any redemption portions affecting only a single Note, whether such Note is to be redeemed in whole or in part. In the case of any such redemption in part, the unredeemed portion of the principal amount of the Notes that have denominations larger Note shall be in an authorized denomination (which shall not be less than $2,000the minimum authorized denomination) for such Note. 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 shall relate, in the case of any Notes by means other than redemptionredeemed or to be redeemed only in part, whether pursuant to an Issuer tender offer, open market purchase the portion of the principal of such Notes which has been or otherwise, provided such acquisition does not otherwise violate the other terms of this Indentureis to be redeemed.

Appears in 3 contracts

Samples: Indenture (Callon Petroleum Co), Indenture (Callon Petroleum Co), Callon Petroleum Co

Selection by Trustee of Notes to Be Redeemed. In the event that less than all case of the Notes are to be redeemed at any time pursuant to a redemption made pursuant to paragraph 6 of such Notespartial redemption, selection of the Notes for redemption shall will be made by the Trustee not more than 10 days prior to the Redemption Date (except that such notice may be delivered more than 10 days prior to the Redemption Date if the Redemption Date is delayed as provided in Section 1005), in the case of Physical Notes, on a pro rata basis, and, in the case of Global Notes, on a pro rata basis (if the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (of the Depositary, provided that if the Notes are issued operational arrangement of the Depositary then in global form) and in each case, if the Notes are listed effect do not allow for redemption on a national securities exchangepro rata basis, by lot in accordance with the procedures of the Depositary, in compliance with the requirements integral multiples of $1,000, although no Note of the principal national securities exchange on which the Notes are listed; provided, however, that no Notes of a Minimum Denomination in original principal amount of $2,000 or less shall will be redeemed in part. If a partial redemption is made pursuant to paragraph 6 of the Notes, selection of 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 the procedures of the Depository), unless that method is otherwise prohibited. The Trustee shall promptly notify the Issuer 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. The Trustee may select for redemption portions On and after the Redemption Date, unless the Company defaults in the payment of the principal of the redemption price, interest will cease to accrue on Notes that have denominations larger than $2,000or portions thereof called for redemption. 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 amount of such Note that has been or otherwise, provided such acquisition does not otherwise violate the other terms of this Indentureis to be redeemed.

Appears in 3 contracts

Samples: Indenture (Ambac Financial Group Inc), Collateral Agreement (Ambac Financial Group Inc), Collateral Agreement (Ambac Financial Group Inc)

Selection by Trustee of Notes to Be Redeemed. In the event that If less than all of the Notes of a series are to be redeemed at any time pursuant to a redemption made pursuant to paragraph 6 time, the Trustee shall select the Notes of such Notes, selection of the Notes series for redemption shall be made on a pro rata basis (if the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, in compliance with the requirements of the principal national securities exchange exchange, if any, on which the such Notes are listed (so long as the Trustee knows of such listing), 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 in the case of Global Notes, the procedures of DTC, in minimum denominations of $2,000 and in integral multiples of $1,000 in excess thereof; provided, however, provided that no the selection of Notes for redemption shall not result in a Holder of Notes with a principal amount of $2,000 Notes less than the minimum denomination. If any Note is to be purchased or less redeemed in part only, the notice of purchase or redemption relating to such Note shall state the portion of the principal amount thereof that has been or is to be purchased or redeemed. A new Note in principal amount equal to the unredeemed portion thereof shall be redeemed issued in part. If a partial redemption is made pursuant to paragraph 6 the name of the Notes, selection Holder thereof upon cancellation of the original Note in accordance with Section 5.8. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption shall so long as the Issuer has deposited with the Paying Agent funds sufficient to pay the principal of and premium, if any, plus accrued and unpaid interest, if any, on, the Notes to 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), unless that method is otherwise prohibitedredeemed. The Trustee shall promptly notify the 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. 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 of this Indenture that apply relating to Notes called for 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 amount 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 3 contracts

Samples: Indenture (Allison Transmission Holdings Inc), Indenture (Allison Transmission Holdings Inc), Indenture (Allison Transmission Holdings Inc)

Selection by Trustee of Notes to Be Redeemed. In the event that With respect to any partial redemption or repurchase of Notes made pursuant to this Indenture, if less than all of the Notes are to be redeemed at any time pursuant to a redemption made pursuant to paragraph 6 of such Notesgiven time, selection of the such Notes for redemption shall will be made by the Trustee on a pro rata basis (if the Notes are issued in physical form) basis, by lot or by such other method, all in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listedDepository; provided, however, provided that no Notes of a principal amount of $2,000 or less shall be redeemed or repurchased in part. If a partial redemption is made pursuant to paragraph 6 Notices of the Notes, selection of the Notes purchase or portions thereof for redemption shall be made delivered electronically or mailed by first-class mail, postage prepaid, at least 15 but not more than 60 days before the purchase or Redemption Date to the Trustee only on a pro rata basis and each Holder at such Holder’s registered address or on as nearly a pro rata basis as is practicable (subject to otherwise in accordance with the procedures of the Depository), unless except that method redemption notices may be delivered electronically or mailed more than 60 days prior to a Redemption Date if the notice is otherwise prohibited. The Trustee shall promptly notify the Issuer issued in connection with a defeasance of the Notes selected for or a satisfaction and discharge of this Indenture. If any Note is to be purchased or redeemed in part only, any notice of purchase or redemption and, in that relates to such Note shall state the case portion of any Notes selected for partial redemption, the principal amount thereof that has been or is to be purchased or redeemed. The Trustee may select for redemption portions If any Notes are to be purchased or redeemed in part only, the Issuer will issue a new Note in principal amount equal to the unredeemed portion of the principal original Note in the name of the Notes that have denominations larger than $2,000Holder thereof upon cancellation of the original Note. For all purposes of this Indenture unless the context otherwise requires, provisions of this Indenture that apply to Notes called for redemption also apply become due on the date fixed for redemption, unless such redemption is conditioned on the happening of a future event. On and after the Redemption Date, unless the Issuer defaults in payment of the Redemption Price, interest shall cease to accrue on Notes or portions of Notes thereof 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 unless such acquisition does not otherwise violate redemption is conditioned on the other terms happening of this Indenturea future event.

Appears in 3 contracts

Samples: Indenture (BWX Technologies, Inc.), Indenture (Advanced Drainage Systems, Inc.), Advanced Drainage Systems, 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 such Notestime, selection of the Trustee shall select Notes for redemption shall be made on a pro rata basis (if the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, in compliance with the requirements of the principal national securities exchange exchange, if any, on which the such Notes are listed (so long as the Trustee knows of such listing), 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, in the case of the Global Notes, the procedures of the Depositary) in minimum denominations of $2,000 and in integral multiples of $1,000 in excess thereof; provided, however, provided that no the selection of Notes of for redemption shall not result in a Holder with a principal amount of Notes less than the minimum denomination of $2,000 2,000. If any Note is to be purchased or less redeemed in part only, the notice of purchase or redemption relating to such Note shall state the portion of the principal amount thereof that has been or is to be purchased or redeemed. A new Note in a principal amount equal to the unredeemed portion thereof shall be redeemed issued in part. If a partial redemption is made pursuant to paragraph 6 the name of the Notes, selection Holder thereof upon cancellation of the original Note in accordance with Section 5.7. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption shall so long as the Issuer has deposited with the Paying Agent funds sufficient to pay the principal of and premium, if any, plus accrued and unpaid interest, if any, on the Notes to 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), unless that method is otherwise prohibitedredeemed. The Trustee shall promptly notify the 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. 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 of this Indenture that apply relating to Notes called for 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 amount 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 3 contracts

Samples: CommScope Holding Company, Inc., CommScope Holding Company, Inc., CommScope Holding Company, 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 such the Notes, selection of the Notes for redemption shall be made on a pro rata basis (if by the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, Trustee in compliance with the requirements of the principal national securities exchange exchange, if any, on which the Notes are listedlisted or, if the Notes are not then listed on a national security exchange, on a pro rata basis, by lot; provided, however, that no Notes of a principal amount of $2,000 or less shall be redeemed in part. If a partial redemption is made pursuant to the second paragraph of paragraph 6 of the Notes, selection of 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 the procedures of the Depository), unless that method is otherwise prohibited. 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 such acquisition does not otherwise violate the other terms of this Indenture.

Appears in 3 contracts

Samples: Indenture (Phibro Animal Health Corp), Gsi Group Inc, Gsi Group Inc

Selection by Trustee of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed, the particular Notes to be redeemed at any time pursuant to a redemption made pursuant to paragraph 6 of such Notes, selection of the Notes for redemption shall be made on a selected not more than 60 days and not less than 30 days prior to the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption, by lot, pro rata basis (if the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, in compliance any other method that complies with the requirements of the principal national securities any exchange on which the Notes are listed; listed or quoted and that the Trustee shall deem fair and appropriate. If any Note selected for partial redemption is converted in part before termination of the voluntary conversion right with respect to the portion of the Note so selected, the converted portion of such Note shall be deemed, solely for purposes of determining the aggregate principal amount of the Notes to be redeemed, to be the portion selected for redemption (provided, however, that no the Holder of such Note so converted and deemed redeemed shall not be entitled to any interest payment as a result of such deemed redemption except for such interest payment as such Holder would have otherwise been entitled to receive upon voluntary conversion of such Note). Notes that have been voluntarily converted during a selection of a principal amount Notes to be redeemed may be treated by the Trustee as Outstanding for the purpose of such selection. Notes in denominations of $2,000 or less shall 1,000 may only be redeemed in partwhole. If a partial The Trustee may select for redemption is made pursuant portions (equal to paragraph 6 $1,000 or any integral multiple thereof) of the Notes, selection principal of 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 the procedures of the Depository), unless that method is otherwise prohibitedhave denominations larger than $1,000. The Trustee shall promptly notify the Issuer 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. 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 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 amount 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 3 contracts

Samples: Transwitch Corp /De, Transwitch Corp /De, Transwitch Corp /De

Selection by Trustee of Notes to Be Redeemed. In the event that If less than all the Senior Notes of the Notes any series are to be redeemed, and unless otherwise provided with respect to the Senior Notes of any particular series, the particular Senior Notes to be redeemed at any time pursuant to a redemption made pursuant to paragraph 6 shall be selected by the Trustee from the Outstanding Senior Notes of such Notesseries not previously called for redemption, by lot or by such other method as the Trustee shall deem fair and appropriate and which may provide for the selection of the Notes for redemption shall be made on a pro rata basis (if the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, in compliance with the requirements of portions of the principal national securities exchange on which the Notes are listed; of Senior Notes, provided, however, that no except with respect to Senior Notes being redeemed pursuant to the operation of a sinking fund, no such partial redemption shall reduce the portion of the principal amount of $2,000 or a Senior Note of such series not redeemed to less shall be redeemed in partthan the minimum denomination for a Senior Note of that series. If a partial redemption is made pursuant to paragraph 6 The portions of the Notes, selection principal of the Senior Notes or portions thereof so selected for partial 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 equal to the procedures smallest authorized denomination of the Depository), unless that method is otherwise prohibitedSenior Notes of such series or an integral multiple thereof. The Trustee shall promptly notify the Issuer Company in writing of the Senior Notes selected for redemption and, in the case of any Notes Senior Note 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 to the redemption of this Indenture that apply Senior Notes shall relate, in the case of any Senior Note redeemed or to Notes called for redemption also apply be redeemed only in part, to portions the portion of Notes called for redemption. The Issuer may acquire Notes by means other than redemption, whether pursuant the principal of such Senior Note which has been or is to an Issuer tender offer, open market purchase or otherwise, provided such acquisition does not otherwise violate the other terms of this Indenturebe redeemed.

Appears in 2 contracts

Samples: Household International Netherlands Bv, Household International Netherlands Bv

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 5 of such the Notes, selection of the Notes for redemption shall will be made on a pro rata basis (if by the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, Trustee in compliance with the requirements of the principal national securities exchange exchange, if any, on which the Notes are listedlisted 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 1,000 or less shall be redeemed in part. If In addition, if a partial redemption is made pursuant to the second paragraph 6 of paragraph 5 of the Notes, selection of 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 the procedures of the Depository), unless that method is otherwise prohibited. 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 $2,0001,000. 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 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 (Ashton Woods USA L.L.C.), Ashton Houston Residential L.L.C.

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 such Notesredeemed, selection of the Trustee will select the Notes for redemption shall to be made on a pro rata basis (if the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each caseredeemed, if the Notes are listed on a national securities exchange, in compliance accordance with the requirements rules of the principal national securities such exchange on which or, if the Notes are not so listed, on a pro rata basis or by lot or by such other method that the Trustee deems to be fair and equitable to Holders; providedprovided that, however, that no Notes of a principal amount of $2,000 or less shall be redeemed in part. If if a partial redemption is made pursuant to paragraph 6 with the proceeds of the Notesany Equity Offering, selection of 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 the procedures of the DepositoryDepositary). If any Note is to be redeemed in part only, unless the notice of redemption that method is otherwise prohibitedrelates to such Note shall state the portion of the principal amount thereof to be redeemed and a new Note or Notes in principal amount equal to the unredeemed principal portion thereof will be issued; provided that no Notes of a principal amount of $2,000 or less shall be redeemed in part. On and after any Redemption Date, interest will cease to accrue on the Notes or portions thereof called for redemption as long as the Issuers have deposited with the Paying Agent for the Notes funds in satisfaction of the applicable redemption price pursuant to this Indenture. The Trustee shall promptly notify the Issuer Issuers 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 $2,000. For all purposes of this Indenture Indenture, unless the context otherwise requires, all provisions of this Indenture that apply relating to Notes called for 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 amount 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: Mediacom Capital Corp, Mediacom Communications Corp

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 such Notestime, selection of the such Notes for redemption shall redemption, will be made on a pro rata basis (if by the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, Trustee in compliance with the requirements of the principal national securities exchange and DTC procedures, if any, on which the such Notes are listed, or, if such Notes are not so listed, on a pro rata basis or by lot or such similar method in accordance with the procedures of DTC; provided, however, provided that no Notes of a principal amount of $2,000 or less shall be purchased or redeemed in part. Notices of purchase or redemption shall be mailed by first class mail, postage prepaid, at least 10 but not more than 60 days before the purchase or redemption date to each Holder to be purchased or redeemed at such Holder’s registered address. If a partial any Note is to be purchased or redeemed in part only, any notice of purchase or redemption is made pursuant that relates to paragraph 6 such Note shall state the portion of the Notes, selection principal amount thereof that has been or is to be purchased or redeemed. A new Note in principal amount equal to the unpurchased or unredeemed portion of any Note purchased or redeemed in part will be issued in the name of the Holder thereof upon cancellation of the original Note. On and after the purchase or Redemption Date, unless the Company defaults in payment of the purchase or Redemption Price, interest shall cease to accrue on Notes or portions thereof for redemption shall be made by the Trustee only on a pro rata basis purchased or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless that method is otherwise prohibited. 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 such acquisition does not otherwise violate the other terms of this Indenture.

Appears in 2 contracts

Samples: Indenture (Aircastle LTD), Indenture (Aircastle LTD)

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 such Notesredeemed, selection of the Trustee will select the Notes for redemption shall to be made on a pro rata basis (if the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each caseredeemed, if the Notes are listed on a national securities exchange, in compliance accordance with the requirements rules of the principal national securities such exchange on which or, if the Notes are not so listed, on a pro rata basis or by lot or by such other method that the Trustee deems to be fair and equitable to Holders; providedprovided that, however, that no Notes of a principal amount of $2,000 or less shall be redeemed in part. If if a partial redemption is made pursuant to paragraph 6 with the proceeds of the Notesany Equity Offering, selection of 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 the procedures of the DepositoryDepositary). If any Note is to be redeemed in part only, unless the notice of redemption that method is otherwise prohibitedrelates to such Note shall state the portion of the principal amount thereof to be redeemed and a new Note or Notes in principal amount equal to the unredeemed principal portion thereof will be issued; provided, that no Notes of a principal amount of $2,000 or less shall be redeemed in part. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption as long as the Issuers have deposited with the Paying Agent for the Notes funds in satisfaction of the applicable redemption price pursuant to this Indenture. The Trustee shall promptly notify the Issuer Issuers 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 $2,000. For all purposes of this Indenture Indenture, unless the context otherwise requires, all provisions of this Indenture that apply relating to Notes called for 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 amount 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: Mediacom Broadband (Mediacom Broadband Corp), Mediacom Broadband (Mediacom Broadband Corp)

Selection by Trustee of Notes to Be Redeemed. In the event that less than all With respect to any partial redemption or purchase of the Notes are to be redeemed at any time pursuant to a redemption made pursuant to paragraph 6 of such Notesthis Indenture, selection of the Notes for redemption shall or purchase will be made on a pro rata basis (or by lot; provided that if the Notes are issued represented by Global Notes, interests in physical form) the Notes shall be selected for redemption or purchase by the Depository in accordance with the Depository’s applicable its standard procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listedtherefor; provided, howeverfurther, that no Notes of a principal amount of less than $2,000 or less shall can be redeemed or repurchased in part. Such Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, at least 10 days but except as set forth in Section 11.06, not more than 60 days prior to the Redemption Date from the Outstanding Notes not previously called for redemption or purchase. If a partial any Note is to be redeemed or purchased in part only, any notice of redemption is made pursuant or offers to paragraph 6 purchase that relates to such Note shall state the portion of the Notes, selection of the Notes principal amount thereof that has been or portions thereof for redemption shall is to be made by the Trustee only on a pro rata basis redeemed or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless that method is otherwise prohibitedpurchased. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Notes Note selected for partial redemptionredemption or purchase, the principal amount thereof to be redeemedredeemed or purchased. 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 Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemptionredemption or purchase. The With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed in part only, the Issuer may acquire will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new 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 will only be issued in denominations of this Indenture$2,000 and any integral multiple of $1,000 in excess thereof.

Appears in 2 contracts

Samples: Supplemental Indenture (Ww International, Inc.), Indenture (Weight Watchers International 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 such Notestime, selection of the Trustee shall select Notes for redemption shall be made on a pro rata basis (if the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, in compliance with the requirements of the principal national securities exchange exchange, if any, on which the such Notes are listed (so long as the Trustee knows of such listing), 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, in the case of the Global Notes, the procedures of the Depositary) in minimum denominations of $2,000 and in integral multiples of $1,000 in excess thereof (or if a PIK Payment has been made, in minimum denominations of $1.00 and any integral multiples of $1.00 in excess thereof); provided, however, provided that no the selection of Notes for redemption shall not result in a holder of Notes with a principal amount of $2,000 Notes less than the minimum denomination. If any Note is to be purchased or less redeemed in part only, the notice of purchase or redemption relating to such Note shall state the portion of the principal amount thereof that has been or is to be purchased or redeemed. A new Note in principal amount equal to the unredeemed portion thereof shall be redeemed issued in part. If a partial redemption is made pursuant to paragraph 6 the name of the Notes, selection Holder thereof upon cancellation of the original Note in accordance with Section 5.7. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption shall so long as the Issuer has deposited, or has caused to be made by deposited, with the Trustee only Paying Agent funds sufficient to pay the principal of and premium, if any, plus accrued and unpaid interest, if any, on a pro rata basis or on as nearly a pro rata basis as is practicable (subject the Notes to the procedures of the Depository), unless that method is otherwise prohibitedbe redeemed. The Trustee shall promptly notify the 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. 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 of this Indenture that apply relating to Notes called for 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 amount 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: PPD, Inc., PPD, 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 such Notestime, selection of the Trustee will select Notes for redemption shall be made on a pro rata basis (if or as nearly pro rata as practicable) unless otherwise required by law or the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, in compliance with the requirements rules of the principal national securities exchange exchange, if any, on which the such Notes are listedlisted (but only to the extent that the Trustee has been notified in writing of such listing by the Issuer), in minimum denominations of $2,000.00 and in integral multiples of $1.00 in excess thereof; provided, however, provided that no the selection of Notes for redemption will not result in a Holder of Notes with a principal amount of Notes owning less than $2,000 or less shall 2,000.00 in aggregate principal amount of Notes, and provided further that if all of the Notes are in global form, interests in the Notes to be redeemed will be selected for redemption by the Depositary in partaccordance with the Applicable Procedures of the Depositary. If a partial any Note is to be purchased or redeemed in part only, the notice of purchase or redemption is made pursuant relating to paragraph 6 such Note will state the portion of the Notes, selection principal amount thereof that has been or is to be purchased or redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon cancellation of the original Note in accordance with Section 5.7. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption shall so long as the Issuers have deposited with the Paying Agent funds sufficient to pay the principal of and premium, if any, plus accrued and unpaid interest, if any, on the Notes to 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), unless that method is otherwise prohibitedredeemed. The Trustee shall will promptly notify the Issuer Issuers 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 $2,000. For all purposes of this Indenture Indenture, unless the context otherwise requires, all provisions of this Indenture that apply relating to Notes called for redemption also apply to portions of Notes called for redemption. The Issuer may acquire Notes by means other than redemptionwill 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 amount 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: Guarantors (Neiman Marcus Group LTD LLC), Neiman Marcus Group LTD LLC

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 5 of such the Notes, selection of the Notes for redemption shall be made on a pro rata basis (if by the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, Trustee in compliance with the requirements of the principal national securities exchange exchange, if any, on which the Notes are listedlisted 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 1,000 or less shall be redeemed in part. If a partial redemption is made pursuant to paragraph 6 5(b) of the Notes, selection of 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 the procedures of the Depository), unless that method is otherwise prohibited. 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 $2,0001,000. 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, otherwise provided such acquisition does not otherwise violate the other terms of this Indenture.

Appears in 2 contracts

Samples: Indenture (Res Care Inc /Ky/), Matria Healthcare 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 such the Notes, selection of the Notes for redemption shall be made on a pro rata basis (if by the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, Trustee in compliance with the requirements of the principal national securities exchange exchange, if any, on which the Notes are listedlisted or, if the Notes are not then listed on a national securities exchange, on a pro rata basis, by lot or by such method as may 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. If a partial redemption is made pursuant to paragraph 6 of the Notes, selection of 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 the procedures of the Depository), unless that method is otherwise prohibitedprohibited or as otherwise required by the Depository’s procedures. 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 such acquisition does not otherwise violate the other terms of this Indenture.

Appears in 2 contracts

Samples: Weyerhaeuser Real Estate Company (TRI Pointe Homes, Inc.), Weyerhaeuser Real Estate Company (TRI Pointe Homes, Inc.)

Selection by Trustee of Notes to Be Redeemed. In the event that less than all case of any partial redemption of any series of Notes, the Trustee shall select Notes are to be redeemed at any time pursuant to a redemption made pursuant to paragraph 6 of such Notes, selection of the Notes series for redemption shall be made on a pro rata basis (if the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, in compliance with the requirements of the principal national securities exchange exchange, if any, on which such Notes are listed (so long as the Trustee knows of such listing), 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 if the Notes are listedrepresented by Global Notes, interests in such Global Notes will be selected for redemption in such manner as complies with applicable legal requirements and the procedures of the Depositary) in minimum denominations of $2,000 and in integral multiples of $1,000 in excess thereof; provided, however, provided that no the selection of Notes for redemption shall not result in a Holder of Notes with a principal amount of Notes less than the minimum denomination of $2,000 2,000. If any Notes are to be purchased or less redeemed in part only, the notice of purchase or redemption relating to such Notes shall state the portion of the principal amount of the Notes in the aggregate that has been or is to be purchased or redeemed. A new Note in principal amount equal to the unredeemed portion thereof shall be redeemed issued in part. If a partial redemption is made pursuant to paragraph 6 the name of the Notes, selection Holder thereof upon cancellation of the original Note in accordance with Section 5.7. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption shall so long as the Issuers have deposited with the Paying Agent funds sufficient to pay the principal of and premium, if any, plus accrued and unpaid interest, if any, on the Notes to 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), unless that method is otherwise prohibitedredeemed. The Trustee shall promptly notify the Issuer Issuers 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 $2,000. For all purposes of this Indenture Indenture, unless the context otherwise requires, all provisions of this Indenture that apply relating to Notes called for 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 amount 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: Ortho Clinical Diagnostics Holdings PLC, Ortho Clinical Diagnostics Holdings PLC

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 such the Notes, selection of the Notes for redemption shall be made on a pro rata basis (if by the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, Trustee in compliance with the requirements of the principal national securities exchange exchange, if any, on which the Notes are listedlisted or, if the Notes are not then listed on a national securities exchange, pro rata, by lot or by such method as may be required by the Depository’s procedures; provided, however, that no Notes of a principal amount of $2,000 or less shall be redeemed in part. If a partial redemption is made pursuant to paragraph 6 of the Notes, selection of the Notes or portions thereof for redemption shall be made by the Trustee only on a pro rata basis basis, or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository)by lot, unless that method is otherwise prohibitedprohibited or as otherwise required by the Depository’s procedures. 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, otherwise provided such acquisition does not otherwise violate the other terms of this Indenture.

Appears in 2 contracts

Samples: Indenture (Meritage Homes CORP), Indenture (Meritage Homes CORP)

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 redeemed, not more than 60 days prior to a redemption made pursuant to paragraph 6 of such Notesthe Redemption Date, selection of the Trustee shall select the Notes for redemption shall to be made on redeemed as a pro rata basis pass-through distribution of principal, from the Outstanding Notes not previously called for redemption, by such method as the Trustee shall deem appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Note, provided that the unredeemed portion of the principal amount of any Note shall be in an authorized denomination (if which shall not be less than the minimum authorized denomination) for such Note. If less than all the Notes are issued in physical formto be redeemed, the Notes to be redeemed shall be selected not more than 60 days (subject to Section 11.05) or prior to the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; provided, however, that no Notes of a principal amount of $2,000 or less shall be redeemed in part. If a partial redemption is made pursuant to paragraph 6 of the Notes, selection of 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 the procedures of the Depository), unless that method is otherwise prohibitedpreceding sentence. The Trustee shall promptly notify the Issuer 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. The Trustee may select for provisions of the two preceding paragraphs shall not apply with respect to any redemption portions affecting only a single Note, whether such Note is to be redeemed in whole or in part. In the case of any such redemption in part, the unredeemed portion of the principal amount of the Notes that have denominations larger Note shall be in an authorized denomination (which shall not be less than $2,000the minimum authorized denomination) for such Note. 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 shall relate, in the case of any Notes by means other than redemptionredeemed or to be redeemed only in part, whether pursuant to an Issuer tender offer, open market purchase the portion of the principal amount of such Notes 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: Indenture (Office Properties Income Trust), Supplemental Indenture (Office Properties Income Trust)

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 such Notesredeemed, selection of the Trustee will select the Notes for redemption shall to be made on a pro rata basis (if the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each caseredeemed, if the Notes are listed on a national securities exchange, in compliance accordance with the requirements rules of such exchange or, if the Notes are not so listed, on a pro rata basis or by lot or by such other method that the Trustee deems to be fair and equitable to holders. If any Note is to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion of the principal national securities exchange on which amount thereof to be redeemed and a new Note or Notes in principal amount equal to the Notes are listedunredeemed principal portion thereof will be issued; provided, however, that no Notes of a principal amount of $2,000 1,000 or less shall be redeemed in part. If a partial redemption is made pursuant On and after the Redemption Date, interest will cease to paragraph 6 of the Notes, selection of the accrue on Notes or portions thereof called for redemption shall be made by as long as the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to Issuers have deposited with the procedures Paying Agent for the Notes funds in satisfaction of the Depository), unless that method is otherwise prohibitedapplicable redemption price pursuant to this Indenture. The Trustee shall promptly notify the Issuer Issuers 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 $2,000. For all purposes of this Indenture Indenture, unless the context otherwise requires, all provisions of this Indenture that apply relating to Notes called for 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 amount 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: Indenture (Mediacom Communications Corp), Indenture (Mediacom LLC)

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 an optional redemption, the particular Notes to paragraph 6 of such Notes, selection of the Notes for redemption be redeemed shall be made on a pro rata basis (if selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchangenot previously called for redemption, in compliance with the requirements of the principal national securities exchange exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, the requirements of any Depositary holding the Global Notes or, if the Notes are listednot so listed or such exchange prescribes no method of selection and the Notes are not held through a Depositary or such Depositary prescribes no method of selection, then 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 redemption equals $2,000 or an integral multiple of $1,000 in excess thereof. No Notes of a principal amount of $2,000 or less shall will be redeemed in partpart and no redemption will result in a Holder holding a Note of less than $2,000. If a partial any Note is to be redeemed in part only, the notice of redemption is made pursuant relating to paragraph 6 such Note will state the portion of the Notes, selection 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 the Notes or portions Holder 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 the procedures upon cancellation of the Depository), unless that method is otherwise prohibitedoriginal Note. The Trustee shall promptly notify the Issuer Issuers 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. 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 of this Indenture that apply relating to Notes called for 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 amount 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: Quiksilver (Quiksilver Inc), Quiksilver (Quiksilver 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 such the Notes, selection of the Notes for redemption shall be made on a pro rata basis (if by the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, Trustee in compliance with the requirements of the principal national securities exchange exchange, if any, on which the Notes are listedlisted 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 1,000 or less shall be redeemed in part. If a partial redemption is made pursuant to paragraph 6 of the Notes, selection of 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 the procedures of the Depository), unless that method is otherwise prohibited. 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 $2,0001,000. 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 (M I Homes Inc), Indenture (M I Homes Inc)

Selection by Trustee of Notes to Be Redeemed. In the event that less fewer than all of the Notes of a series (all Notes being deemed to be a single series) are to be redeemed at any time pursuant to a redemption made pursuant to paragraph 6 redeemed, the Trustee shall select the Notes of such Notes, selection of the Notes for redemption shall series to be made on a pro rata basis (if the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each caseredeemed, if the such Notes are listed on a national securities exchange, in compliance accordance with the requirements rules of the principal national securities such exchange on which 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, provided that no Notes of a principal amount of $2,000 or less shall be redeemed in part. If if a partial redemption is made pursuant with the proceeds of an Equity Offering, selection of which series of Notes to paragraph 6 of be redeemed shall be made by the Notes, Issuer while selection of the Notes or portions portion thereof within a series 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 the procedures of the Depository)extent practical, unless that such a method is otherwise prohibited. 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 $2,000U.S.$1,000. Notes and portions thereof the Trustee selects shall be redeemed in amounts of U.S.$1,000 or whole integral multiples 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 2 contracts

Samples: Canwest Media Inc, Canwest Media 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 at any time pursuant to a redemption made pursuant to paragraph 6 of such Notesredeemed, selection of the Trustee will select the Notes for redemption shall to be made on a pro rata basis (if the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each caseredeemed, if the Notes are listed on a national securities exchange, in compliance accordance with the requirements rules of the principal national securities such exchange on which or, if the Notes are not so listed, on a pro rata basis or by lot or by such other method that the Trustee deems to be fair and equitable to holders; providedprovided that, however, that no Notes of a principal amount of $2,000 or less shall be redeemed in part. If if a partial redemption is made pursuant to paragraph 6 with the proceeds of the Notesany Equity Offering, selection of 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 the procedures of the DepositoryDepositary). If any Note is to be redeemed in part only, unless the notice of redemption that method is otherwise prohibitedrelates to such Note shall state the portion of the principal amount thereof to be redeemed and a new Note or Notes in principal amount equal to the unredeemed principal portion thereof will be issued; provided, that no Notes of a principal amount of $1,000 or less shall be redeemed in part. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption as long as the Issuers have deposited with the Paying Agent for the Notes funds in satisfaction of the applicable redemption price pursuant to this Indenture. The Trustee shall promptly notify the Issuer Issuers 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 $2,000. For all purposes of this Indenture Indenture, unless the context otherwise requires, all provisions of this Indenture that apply relating to Notes called for 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 amount 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: Mediacom Broadband Corp, Mediacom Broadband Corp

Selection by Trustee of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed, not more than 60 days prior to the Redemption Date, the Trustee shall select the Notes to be redeemed at any time pursuant to pro rata, from the Outstanding Notes not previously called for redemption, by such method as the Trustee shall deem appropriate and which may provide for the selection for redemption of a redemption made pursuant to paragraph 6 of such Notes, selection portion of the Notes for redemption principal amount or Accreted Value, as applicable, of any Note, provided that the unredeemed portion of the principal amount of any Note shall be made on a pro rata basis in an authorized denomination (if which shall not be less than the minimum authorized denomination) for such Note. If less than all the Notes are issued in physical formto be redeemed, the Notes to be redeemed shall be selected not more than 60 days (subject to Section 11.05) or prior to the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; provided, however, that no Notes of a principal amount of $2,000 or less shall be redeemed in part. If a partial redemption is made pursuant to paragraph 6 of the Notes, selection of 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 the procedures of the Depository), unless that method is otherwise prohibitedpreceding sentence. The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption as aforesaid and, in case of any Notes selected for partial redemption as aforesaid, the principal amount or Accreted Value, as applicable, thereof to be redeemed. The provisions of the two preceding paragraphs shall not apply with respect to any redemption affecting only a single Note, whether such Note is to be redeemed in whole or in part. In the case of any such redemption in part, the unredeemed portion of the principal amount of the Note shall be in an authorized denomination (which shall not be less than the minimum authorized denomination) for such Note. 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 Notes selected for partial redemptionredeemed or to be redeemed only in part, to the portion of the principal amount thereof of such Notes which has been or is 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 such acquisition does not otherwise violate the other terms of this Indenture.

Appears in 1 contract

Samples: Indenture (Diversified Healthcare Trust)

Selection by Trustee of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed, the particular Notes to be redeemed at any time pursuant to a redemption made pursuant to paragraph 6 of such Notes, selection of the Notes for redemption shall be made on a pro rata basis (if selected by the Trustee, from the Outstanding Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchangenot previously called for redemption, in compliance with the requirements of the principal national securities exchange exchange, if any, on which the such Notes are listed, or, if such Notes are not so listed, 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 Notes; providedPROVIDED, howeverHOWEVER, that no Notes such partial redemption shall reduce the portion of a the principal amount of a Note not redeemed to less than $2,000 or less shall be redeemed in part. If a partial 1,000; PROVIDED FURTHER that any such redemption is made pursuant to paragraph 6 of the Notes, selection of the Notes or portions thereof for redemption provisions relating to a Public Equity Offering shall be made by the Trustee only on a pro rata PRO RATA basis or on as nearly a pro rata PRO RATA basis as is practicable (subject to the procedures of DTC or any other depositary). Notice of redemption shall be sent by first-class mail at least 30 but not more than 60 days before the Depository)Redemption Date to each Holder of Notes to be redeemed at its registered address. On and after the Redemption Date, interest shall cease to accrue on Notes or portions thereof called for redemption, unless that method is otherwise prohibitedthe Company defaults in the payment of the Redemption Price. The Trustee shall promptly notify the Issuer 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 $2,000. For all purposes of this Indenture Indenture, unless the context otherwise requires, all provisions of this Indenture that apply relating to Notes called for 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 amount 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: Registration Rights Agreement (Supreme International Corp)

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 such Notes, selection of the Notes for redemption shall be made on a pro rata basis (if by the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, Trustee in compliance with the requirements of the principal national securities exchange exchange, if any, on which the such Notes are listedlisted or, if such Notes are not then listed on a national securities exchange, on a pro rata basis, by lot or by such method as the Trustee shall deem appropriate; provided, however, that no Notes of a principal amount of $2,000 or less shall be redeemed in part. If a partial redemption is made pursuant to clause (c) of paragraph 6 of the Notes, selection of 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 the procedures of the Depository), unless that method is otherwise prohibited. 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 such acquisition does not otherwise violate the other terms of this Indenture.. Table of Contents

Appears in 1 contract

Samples: Indenture (Amsurg Corp)

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 such the Notes, selection of the Notes for redemption shall be made on a pro rata basis (if by the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, Trustee in compliance with the requirements of the principal national securities exchange exchange, if any, on which the Notes are listedlisted or, if the Notes are not then listed on a national securities exchange, pro rata, by lot or by such method as may be required by the Depository’s procedures; provided, however, that no Notes of a principal amount of $2,000 or less shall be redeemed in part. If a partial redemption is made pursuant to paragraph 6 of the Notes, selection of the Notes or portions thereof for redemption shall be made by the Trustee only on a pro rata basis basis, or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository)by lot, unless that method is otherwise prohibitedprohibited or as otherwise required by the Depository’s procedures. 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 such acquisition does not otherwise violate the other terms of this Indenture.

Appears in 1 contract

Samples: Indenture (Meritage Homes CORP)

Selection by Trustee of Notes to Be Redeemed. In the event that With respect to any partial redemption or repurchase of Notes made pursuant to this Indenture, if less than all of the Notes are to be redeemed at any time pursuant to a redemption made pursuant to paragraph 6 of such Notesgiven time, selection of the such Notes for redemption shall will be made on a pro rata basis by the Trustee (if the Notes are issued in physical forma) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national any securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed, (b) on a pro rata basis to the extent practicable or (c) by lot or such other similar method in accordance with the procedures of the Depository; provided, however, that no Notes of a principal amount of $2,000 or less shall be redeemed or repurchased in part. If a partial redemption is made pursuant to paragraph 6 Notices of the Notes, selection of the Notes purchase or portions thereof for redemption shall be made delivered electronically or mailed by first-class mail, postage prepaid, at least 10 but not more than 60 days before the Trustee only on a pro rata basis purchase or on as nearly a pro rata basis as is practicable (subject Redemption Date to each Holder of Notes at such Holder’s registered address or otherwise in accordance with the procedures of the Depository), unless except that method (i) redemption notices may be mailed or sent more than 60 days prior to a Redemption Date if the notice is otherwise prohibited. The Trustee shall promptly notify the Issuer issued in connection with a defeasance of the Notes selected for or a satisfaction and discharge of this Indenture and (ii) notice of Special Mandatory Redemption shall be mailed or sent no later than two Business Days prior to the Special Mandatory Redemption Date. If any Note is to be purchased or redeemed in part only, any notice of purchase or redemption and, in that relates to such Note shall state the case portion of any Notes selected for partial redemption, the principal amount thereof that has been or is to be purchased or redeemed. The Trustee may select for redemption portions If any Notes are to be purchased or redeemed in part only, the Issuer shall issue a new Note (or cause to be transferred by book entry) in principal amount equal to the unredeemed portion of the principal original Note in the name of the Notes that have denominations larger than $2,000Holder thereof upon cancellation of the original Note. For all purposes of this Indenture unless the context otherwise requires, provisions of this Indenture that apply to Notes called for redemption also apply become due on the date fixed for redemption, unless such redemption is conditioned on the happening of a future event. On and after the Redemption Date, unless the Issuer defaults in payment of the Redemption Price, interest shall cease to accrue on Notes or portions of Notes thereof called for redemption. The Issuer may acquire Notes by means other than redemption, whether pursuant to an Issuer tender offer, open market purchase unless such redemption is conditioned on the happening of a future event and such redemption is delayed or otherwise, provided such acquisition does not otherwise violate the other terms of this Indenturerescinded as a result thereof.

Appears in 1 contract

Samples: Supplemental Indenture (Entegris Inc)

Selection by Trustee of Notes to Be Redeemed. In the event that With respect to any partial redemption or repurchase of Notes made pursuant to this Indenture, if less than all of the Notes are to be redeemed at any time pursuant to a redemption made pursuant to paragraph 6 of such Notesgiven time, selection of the such Notes for redemption shall will be made by the Trustee on a pro rata basis (if the Notes are issued in physical form) basis, by lot or by such other method, all in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listedDepository; provided, however, provided that no Notes of a principal amount of $2,000 or less shall be redeemed or repurchased in part. If a partial redemption is made pursuant to paragraph 6 Notices of the Notes, selection of the Notes purchase or portions thereof for redemption shall be made delivered electronically or mailed by first-class mail, postage prepaid, at least 30 but not more than 60 days before the purchase or Redemption Date to the Trustee only on a pro rata basis and each Holder at such Holder’s registered address or on as nearly a pro rata basis as is practicable (subject to otherwise in accordance with the procedures of the Depository), unless except that method redemption notices may be delivered electronically or mailed more than 60 days prior to a Redemption Date if the notice is otherwise prohibited. The Trustee shall promptly notify the Issuer issued in connection with a defeasance of the Notes selected for or a satisfaction and discharge of this Indenture. If any Note is to be purchased or redeemed in part only, any notice of purchase or redemption and, in that relates to such Note shall state the case portion of any Notes selected for partial redemption, the principal amount thereof that has been or is to be purchased or redeemed. The Trustee may select for redemption portions If any Notes are to be purchased or redeemed in part only, the Issuer will issue a new Note in principal amount equal to the unredeemed portion of the principal original Note in the name of the Notes that have denominations larger than $2,000Holder thereof upon cancellation of the original Note. For all purposes of this Indenture unless the context otherwise requires, provisions of this Indenture that apply to Notes called for redemption also apply become due on the date fixed for redemption, unless such redemption is conditioned on the happening of a future event. On and after the Redemption Date, unless the Issuer defaults in payment of the Redemption Price, interest shall cease to accrue on Notes or portions of Notes thereof 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 unless such acquisition does not otherwise violate redemption is conditioned on the other terms happening of this Indenturea future event.

Appears in 1 contract

Samples: BWX Technologies, 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 such Notestime, selection of the Trustee shall select Notes for redemption shall be made on a pro rata basis (if the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, in compliance with the requirements of the principal national securities exchange exchange, if any, on which the such Notes are listed (so long as the Trustee knows of such listing), 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, in the case of the Global Notes, the Depositary’s procedures) in minimum denominations of $2,000 and in integral multiples of $1,000 in excess thereof; provided, however, provided that no the selection of Notes of for redemption shall not result in a Holder with a principal amount of Notes less than the minimum denomination of $2,000 2,000. If any Note is to be purchased or less redeemed in part only, the notice of purchase or redemption relating to such Note shall state the portion of the principal amount thereof that has been or is to be purchased or redeemed. A new Note in a principal amount equal to the unredeemed portion thereof shall be redeemed issued in part. If a partial redemption is made pursuant to paragraph 6 the name of the Notes, selection Holder thereof upon cancellation of the original Note in accordance with Section 5.7. In the case of a Global Note, an appropriate notation will be made on such Note to decrease the principal amount thereof to an amount equal to the unredeemed portion thereof. On and after the applicable Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption shall so long as the Company has deposited with the Paying Agent funds sufficient to pay the principal of and premium, if any, plus accrued and unpaid interest, if any, on the Notes to 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), unless that method is otherwise prohibitedredeemed. The Trustee shall promptly notify the Issuer 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 $2,000. For all purposes of this Indenture Indenture, unless the context otherwise requires, all provisions of this Indenture that apply relating to Notes called for 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 amount 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: Ii-Vi 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 such Notestime, selection of the Trustee will select Notes for redemption shall be made on a pro rata basis (if or as nearly pro rata as practicable) unless otherwise required by law or the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, in compliance with the requirements rules of the principal national securities exchange exchange, if any, on which the such Notes are listedlisted (but only to the extent that the Trustee has been notified in writing of such listing by the LLC Co-Issuer), in minimum denominations of $2,000 and in integral multiples of $1,000 in excess thereof; provided, however, provided that no the selection of Notes for redemption will not result in a Holder of Notes with a principal amount of Notes owning less than $2,000 in aggregate principal amount of Notes. If any Note is to be purchased or less shall be redeemed in part. If a partial part only, the notice of purchase or redemption is made pursuant relating to paragraph 6 such Note will state the portion of the Notes, selection principal amount thereof that has been or is to be purchased or redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon cancellation of the original Note in accordance with Section 5.7. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption shall so long as the Issuers have deposited with the Paying Agent funds sufficient to pay the principal and premium, if any, plus accrued and unpaid interest, if any, on the Notes to 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), unless that method is otherwise prohibitedredeemed. The Trustee shall will promptly notify the Issuer Issuers 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 $2,000. For all purposes of this Indenture Indenture, unless the context otherwise requires, all provisions of this Indenture that apply relating to Notes called for redemption also apply to portions of Notes called for redemption. The Issuer may acquire Notes by means other than redemptionwill 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 amount 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: Mariposa Merger Sub (Neiman Marcus Group LTD 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 such Notestime, selection of the Trustee shall select Notes for redemption shall be made on a pro rata basis (if the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, in compliance with the requirements of the principal national securities exchange exchange, if any, on which the such Notes are listed (so long as the Trustee knows of such listing), 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, in the case of the Global Notes, the procedures of the Depositary) in minimum denominations of $200,000 and in integral multiples of $1,000 in excess thereof; provided, however, provided that no the selection of Notes of for redemption shall not result in a Holder with a principal amount of Notes less than the minimum denomination of $2,000 200,000. If any Note is to be purchased or less redeemed in part only, the notice of purchase or redemption relating to such Note shall state the portion of the principal amount thereof that has been or is to be purchased or redeemed. A new Note in principal amount equal to the unredeemed portion thereof shall be redeemed issued in part. If a partial redemption is made pursuant to paragraph 6 the name of the Notes, selection Holder thereof upon cancellation of the original Note in accordance with Section 5.7. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption shall be made by so long as the Issuers have deposited with the Trustee only funds sufficient to pay the principal of and premium, if any, plus accrued and unpaid interest, if any, on a pro rata basis or on as nearly a pro rata basis as is practicable (subject the Notes to the procedures of the Depository), unless that method is otherwise prohibitedbe redeemed. The Trustee shall promptly notify the Issuer Issuers 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 $2,000. For all purposes of this Indenture Indenture, unless the context otherwise requires, all provisions of this Indenture that apply relating to Notes called for 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 amount 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: Atotech LTD

Selection by Trustee of Notes to Be Redeemed. In the event that less than all case of the Notes are to be redeemed at any time pursuant to a redemption made pursuant to paragraph 6 of such Notespartial redemption, selection of the Notes for redemption shall will be made on a pro rata basis (if by the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, Trustee in compliance with the requirements of the principal national securities exchange exchange, if any, on which the Notes are listed; providedlisted or, however, that no Notes of a principal amount of $2,000 or less shall be redeemed in part. If a partial redemption is made pursuant to paragraph 6 of the Notes, selection of if the Notes or portions thereof for redemption shall be made by the Trustee only on a pro rata basis or are not listed, then on as nearly a pro rata basis as is practicable possible or by lot (subject to such rounding as the procedures 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 be redeemed in part). If any Note is to be redeemed in part only, the notice of redemption relating to such note shall state the portion of the Depository), unless that method is otherwise prohibitedprincipal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof shall be issued in the name of the Holder thereof upon cancellation of the original Note in accordance with Section 5.8. The Trustee shall promptly notify the Issuer 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 $2,000. For all purposes of this Indenture Indenture, unless the context otherwise requires, all provisions of this Indenture that apply relating to Notes called for 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 amount 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: Indenture (Blockbuster Inc)

Selection by Trustee of Notes to Be Redeemed. In the event that less than all With respect to any partial redemption or purchase of the Notes are to be redeemed at any time pursuant to a redemption made pursuant to paragraph 6 of such Notesthis Indenture, selection of the Notes for redemption shall or purchase will be made by the Trustee on a pro rata basis (to the extent applicable or by lot or by such method as the Trustee, in its sole discretion, shall deem fair and appropriate; provided, that if the Notes are issued represented by Global Notes, interests in physical form) the Notes shall be selected for redemption or purchase by the Depository in accordance with the Depository’s applicable its standard procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listedtherefor; provided, howeverfurther, that no Notes of a principal amount of less than $2,000 or less shall can be redeemed or repurchased in part. If a partial redemption is made pursuant Such Notes to paragraph 6 of be redeemed or purchased shall be selected, unless otherwise provided herein, at least ten days, but except as set forth in Section 11.06, not more than 60 days prior to the Notes, selection of Redemption Date from the Outstanding Notes or portions thereof not previously called 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 the procedures of the Depository), unless that method is otherwise prohibitedpurchase. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Notes Note selected for partial redemptionredemption or purchase, the principal amount thereof to be redeemedredeemed or purchased. 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 Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemptionredemption or purchase. The With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed in part only, the Issuer may acquire will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new 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 will be issued only in denominations of this Indenture$2,000 and integral multiple of $1,000 in excess thereof.

Appears in 1 contract

Samples: Supplemental Indenture (Mr. Cooper Group 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 such Notestime, selection of the Trustee shall select Notes for redemption shall be made on a pro rata basis (if the Notes are issued in physical formi) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, in compliance with the requirements of the principal national securities exchange exchange, if any, on which such Notes are listed (so long as the Trustee knows of such listing), (ii) if such Notes are not so listed but are in global form then in such manner as complies with the procedures of the Depositary or (iii) if the Notes are listednot so listed and are not in global form, then 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, in the case of the Global Notes, the procedures of the Depositary) in minimum denominations of $2,000 and in integral multiples of $1,000 in excess thereof; provided, however, provided that no the selection of Notes of for redemption shall not result in a Holder with a principal amount of Notes less than the minimum denomination of $2,000 2,000. If any Note is to be purchased or less redeemed in part only, the notice of purchase or redemption relating to such Note shall state the portion of the principal amount thereof that has been or is to be purchased or redeemed. A new Note in a principal amount equal to the unredeemed portion thereof shall be redeemed issued in part. If a partial redemption is made pursuant to paragraph 6 the name of the Notes, selection Holder thereof upon cancellation of the original Note in accordance with Section 5.7. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption shall so long as the Issuers have deposited or have caused to be made by deposited with the Trustee only Paying Agent funds sufficient to pay the principal of and premium, if any, plus accrued and unpaid interest, if any, on a pro rata basis or on as nearly a pro rata basis as is practicable (subject the Notes to the procedures of the Depository), unless that method is otherwise prohibitedbe redeemed. The Trustee shall promptly notify the Issuer Issuers 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 $2,000. For all purposes of this Indenture Indenture, unless the context otherwise requires, all provisions of this Indenture that apply relating to Notes called for 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 amount 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: ZoomInfo Technologies Inc.

Selection by Trustee of Notes to Be Redeemed. In the event that less fewer than all of the Notes are to be redeemed at any time pursuant to a redemption made pursuant to paragraph 6 of such Notesredeemed, selection of the Trustee shall select the Notes for redemption shall to be made on a pro rata basis (if the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each caseredeemed, if the Notes are listed on a national securities exchange, in compliance accordance with the requirements rules of such exchange or, if the principal national securities 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 Issuers shall have previously notified the Trustee in writing of any such exchange on which the Notes are listed; , and provided, howeverfurther, that no Notes of a principal amount of $2,000 or less shall be redeemed in part. If if a partial redemption is made pursuant to paragraph 6 with the proceeds of the Notesa Public Equity Offering, selection of the 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 the procedures of the Depository)basis, unless that such a method is otherwise prohibited. 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 $2,0001,000. 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: TWP Capital Corp Ii

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 such the Notes, selection of the Notes for redemption shall be made on a pro rata basis (if by the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, Trustee in compliance with the requirements of the principal national securities exchange exchange, if any, on which the Notes are listedlisted 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. If a partial redemption is made pursuant to paragraph 6 of the Notes, selection of 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 the procedures of the Depository), unless that method is otherwise prohibited. 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, otherwise provided such acquisition does not otherwise violate the other terms of this Indenture.

Appears in 1 contract

Samples: Indenture (Meritage Homes CORP)

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 such Notesredeemed, selection of the Trustee will select the Notes for redemption shall to be made on a pro rata basis (if the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each caseredeemed, if the Notes are listed on a national securities exchange, in compliance accordance with the requirements rules of such exchange or, if the Notes are not so listed, on a pro rata basis or by lot or by such other method that the Trustee deems to be fair and equitable to holders. If any Note is to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion of the principal national securities exchange on which amount thereof to be redeemed and a new Note or Notes in principal amount equal to the Notes are listedunredeemed principal portion thereof will be issued; provided, however, that no Notes of a principal amount of $2,000 1,000 or less shall be redeemed in part. If a partial redemption is made pursuant On and after the Redemption Date, interest will cease to paragraph 6 of the Notes, selection of the accrue on Notes or portions thereof called for redemption shall be made by as long as the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject Issuers have deposited with the Paying Agent for the Notes funds in satisfaction of the applicable redemption price pursuant to the procedures of the Depository), unless that method is otherwise prohibitedIndenture. The Trustee shall promptly notify the Issuer Issuers 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 $2,000. For all purposes of this Indenture Indenture, unless the context otherwise requires, all provisions of this Indenture that apply relating to Notes called for 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 amount 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: Mediacom LLC

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 such Notestime, selection of the Trustee will select the Notes for redemption shall be made on a pro rata basis (if or, in the case of Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if subject to the Notes are listed on a national securities exchange, in compliance with the requirements applicable procedures of the principal national securities Depositary) unless otherwise required by law or applicable stock exchange on which the or depositary requirements. Notes are listed; provided, however, that no Notes of with a principal amount of $2,000 or less shall cannot be redeemed in part. If a partial Notices of redemption is made pursuant to paragraph 6 shall be delivered by first class mail (or otherwise in accordance with the procedures of the NotesDepositary), selection at least 10 but not more than 60 days before the Redemption Date to each Holder of Notes to be redeemed at such Holder’s registered address, except that redemption notices may be mailed or sent more than 60 days prior to a Redemption Date if the notice is issued in connection with a defeasance of the Notes or portions thereof for a satisfaction and discharge of this Indenture. If any Note is to redeemed in part only, any notice of redemption that relates to such Note shall be made by state the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures portion of the Depository), unless that method is otherwise prohibited. 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 that has been or is to be redeemed. The Trustee may select for redemption portions If any Notes are to be redeemed in part only, the Issuer shall issue a new Note (or cause to be transferred by book entry) in principal amount equal to the unredeemed portion of the principal original Note in the name of the Notes that have denominations larger than $2,000Holder thereof upon cancellation of the original Note. For all purposes of this Indenture unless the context otherwise requires, provisions of this Indenture that apply to Notes called for redemption also apply become due on the date fixed for redemption, subject to the satisfaction of any applicable conditions. On and after the Redemption Date, unless the Issuer defaults in payment of the Redemption Price, interest shall cease to accrue on Notes or portions of Notes called for redemption. The redemption (unless 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 defaults in the other terms payment of this Indenturethe applicable redemption payment).

Appears in 1 contract

Samples: Supplemental Indenture (Entegris Inc)

Selection by Trustee of Notes to Be Redeemed. In Solely with respect to the event that Notes, Section 3.2 of the Base Indenture is hereby amended and restated as follows: “If less than all of the Notes are to be redeemed at any time pursuant to a redemption made pursuant an optional redemption, the particular Notes to paragraph 6 of such Notes, selection of the Notes for redemption be redeemed shall be made on a pro rata basis (if selected not more than 60 days prior to the applicable redemption date by the Trustee, from the outstanding Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchangenot previously called for redemption, in compliance with the requirements of the principal national securities exchange exchange, if any, on which the 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 (equal to $2,000 or in an integral multiple of $1,000 in excess thereof); provided, however, that no Notes of a $2,000 in principal amount of $2,000 or less shall be redeemed in part. If a partial any Note is to be redeemed in part only, the notice of redemption is made pursuant relating to paragraph 6 such Note will state the portion of the Notes, selection of the Notes or portions principal amount thereof for redemption shall to 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), unless that method is otherwise prohibitedredeemed. The Trustee shall promptly notify the Issuer 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. 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 the Indenture, unless the context otherwise requires, all provisions of this Indenture that apply relating to Notes called for 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 amount 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: Supplemental Indenture (Cimarex Energy Co)

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 such the Notes, selection of the Notes for redemption shall be made on a pro rata basis (if by the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, Trustee in compliance with the requirements of the principal national securities exchange exchange, if any, on which the Notes are listedlisted or, if the Notes are not then listed on a national securities exchange, prorate, by lot or by such method as may be required by the Depository’s procedures; provided, however, that no Notes of a principal amount of $2,000 or less shall be redeemed in part. If a partial redemption is made pursuant to paragraph 6 of the Notes, selection of 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 the procedures of the Depository), unless that method is otherwise prohibitedprohibited or as otherwise required by the Depository’s procedures. 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, otherwise provided such acquisition does not otherwise violate the other terms of this Indenture.

Appears in 1 contract

Samples: Indenture (Meritage Homes CORP)

Selection by Trustee of Notes to Be Redeemed. In the event that less fewer than all of the Notes of a series (all Notes being deemed to be a single series) are to be redeemed at any time pursuant to a redemption made pursuant to paragraph 6 redeemed, the Trustee shall select the Notes of such Notes, selection of the Notes for redemption shall series to be made on a pro rata basis (if the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each caseredeemed, if the such Notes are listed on a national securities exchange, in compliance accordance with the requirements rules of the principal national securities such exchange on which 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, provided that no Notes of a principal amount of $2,000 or less shall be redeemed in part. If if a partial redemption is made pursuant with the proceeds of an Equity Offering, selection of which series of Notes to paragraph 6 of be redeemed shall be made by the Notes, Issuer while selection of the Notes or portions portion thereof within a series 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 the procedures of the Depository)extent practical, unless that such a method is otherwise prohibited. 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 $2,000U.S.$1.00. Notes and portions thereof the Trustee selects shall be redeemed in amounts of integral multiples of U.S.$1.00. 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: Canwest Media Inc

Selection by Trustee of Notes to Be Redeemed. In the event that If less than all of the Notes are is to be redeemed at any time pursuant to a redemption made pursuant to paragraph 6 of such Notestime, selection of the such Notes for redemption shall redemption, will be made by the Trustee by lot or on a pro rata basis (to the extent practicable; provided that if the Notes are issued represented by global notes, interests in physical form) the Notes shall be selected for redemption or purchase by DTC in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listedits standard procedures; provided, howeverfurther, that no Notes of a principal amount of $2,000 or less (or if PIK Interest has been paid, $1.00 or less) shall be purchased or redeemed in part. If a partial redemption is made pursuant to paragraph 6 Notices of the Notes, selection of the Notes purchase 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 the procedures of the Depository), unless that method is otherwise prohibited. The Trustee shall promptly notify the Issuer of the Notes selected for redemption anddelivered, in the case of global notes held by DTC, electronically or mailed by first class mail, postage prepaid, at least 15 but not more than 60 days before the purchase or Redemption Date to each Holder of Notes to be purchased or redeemed at such Holder’s registered address or, in the case of global notes held by DTC, otherwise in accordance with the procedures of DTC, with a copy to the Trustee, except that redemption notices may be delivered or mailed more than 60 days prior to a Redemption Date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture. If any Notes selected for partial redemptionNote is to be purchased or redeemed in part only, any notice of purchase or redemption that relates to such Note shall state the portion of the principal amount thereof that has been or is to be purchased or redeemed. The Trustee may select for redemption portions A new Note in principal amount equal to the unpurchased or unredeemed portion of any Note purchased or redeemed in part will be issued in the name of the principal Holder thereof upon cancellation of the Notes that have denominations larger than $2,000original Note. For all purposes of this Indenture unless the context otherwise requires, provisions of this Indenture that apply to Notes called for redemption also apply or purchase become due on the date fixed for redemption or purchase, unless such redemption or purchase is conditioned on the happening of a future event. On and after the purchase or Redemption Date, unless the Issuer defaults in payment of the purchase or Redemption Price, interest shall cease to accrue on Notes or portions of Notes thereof purchased or called for redemption, unless such redemption remains conditioned upon the happening of a future event. 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.SECTION 11.05

Appears in 1 contract

Samples: Globalstar, 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 such Notestime, selection of the Trustee shall select Notes for redemption shall be made on a pro rata basis (if the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, in compliance with the requirements of the principal national securities exchange exchange, if any, on which the such Notes are listed (so long as the Trustee knows of such listing), 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, in the case of the Global Notes, the procedures of the Depositary) in minimum denominations of $2,000 and in integral multiples of $1,000 in excess thereof; provided, however, provided that no the selection of Notes of for redemption shall not result in a Holder with a principal amount of Notes less than the minimum denomination of $2,000 2,000. If any Note is to be purchased or less redeemed in part only, the notice of purchase or redemption relating to such Note shall state the portion of the principal amount thereof that has been or is to be purchased or redeemed. A new Note in principal amount equal to the unredeemed portion thereof shall be redeemed issued in part. If a partial redemption is made pursuant to paragraph 6 the name of the Notes, selection Holder thereof upon cancellation of the original Note in accordance with Section 5.7. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption shall so long as the Issuer has deposited with the Paying Agent funds sufficient to pay the principal and premium, if any, plus accrued and unpaid interest, if any, on the Notes to 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), unless that method is otherwise prohibitedredeemed. The Trustee shall promptly notify the 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. 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 of this Indenture that apply relating to Notes called for 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 amount 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: CommScope Holding Company, 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 (unless such redemption affects only a single Note), the particular Notes to a redemption made pursuant be redeemed shall be selected not less than 30 days prior to paragraph 6 of such the Redemption Date by the Trustee from the Outstanding Notes, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection of the Notes for redemption shall be made on a pro rata basis (if the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, in compliance with the requirements of portions of the principal national securities exchange on which the Notes are listedamount of Notes; providedPROVIDED, howeverHOWEVER, that no Notes such partial redemption shall reduce the portion of a the principal amount of $2,000 or a Note not redeemed to less shall be redeemed in part. If than the minimum denomination for a partial redemption is made pursuant to paragraph 6 of the Notes, selection of 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 the procedures of the Depository), unless that method is otherwise prohibitedNote established herein. The Trustee shall promptly notify the Issuer 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. The Trustee may select for provisions of the two preceding paragraphs shall not apply with respect to any redemption portions affecting only a single Note, whether such Note is to be redeemed in whole or in part. In the case of any such redemption in part, the unredeemed portion of the principal amount of the Notes that have denominations larger Note shall be in an authorized denomination (which shall not be less than $2,000the minimum authorized denomination) for such Note. 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 shall relate, in the case of any Notes by means other than redemptionredeemed or to be redeemed only in part, whether pursuant to an Issuer tender offer, open market purchase the portion of the principal of such Notes 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: Callon Petroleum Co

Selection by Trustee of Notes to Be Redeemed. In the event that If less than all of the outstanding Notes are to be redeemed at any time pursuant to a redemption made pursuant to paragraph 6 of such Notesredeemed, selection of the Trustee shall select the Notes for redemption shall be made on a pro rata basis (if the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; provided, however, that no Notes of a principal amount of $2,000 or less shall to be redeemed in part. If a partial redemption is made pursuant to paragraph 6 of the Notesby lot, selection of the Notes or portions thereof for redemption shall be made by the Trustee only on a pro rata basis or on by another method the Trustee considers fair and appropriate (so long as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless that such method is otherwise prohibited. The Trustee shall promptly notify not prohibited by the Issuer rules of any stock exchange or quotation association on which the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemedare then traded or quoted). The Trustee may select for redemption portions of the principal amount of the Notes that have denominations larger than $2,0001,000. For all purposes Notes and portions of this Indenture unless Notes that the context otherwise requires, provisions Trustee selects shall be in principal amounts of $1,000 or an integral multiple of $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Issuer may acquire Trustee shall notify the Company promptly of the Notes by means other than or portions of the Notes selected to be redeemed and, in the case of any Notes selected for partial redemption, whether the method it has chosen for the selection of the Note. Following a notice of redemption, Notes and portions of Notes are convertible, pursuant to an Issuer tender offerSection 1701(a)(2), open market purchase or otherwiseby the Holder until the close of business on the second Business Day prior to the Redemption Date. 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, provided the converted portion of such acquisition does not otherwise violate Note shall be deemed (so far as may be) to be from the other terms portion selected for redemption. Notes that have been converted during a selection of this IndentureNotes to be redeemed may be treated by the Trustee as outstanding for the purpose of such selection.

Appears in 1 contract

Samples: Supplemental Indenture (Sonic Automotive 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 this Article 6, the particular Notes to paragraph 6 of such Notes, selection of the Notes for redemption be redeemed shall be made selected by the Trustee, from the Outstanding Notes not previously called for redemption, by lot or on a pro rata basis (if among the Notes are issued or by such other method as the Trustee shall deem fair and appropriate, including any method required by DTC or any successor Depositary (and in physical form) or in accordance with the Depository’s such manner as is not prohibited by applicable procedures (if the Notes are issued in global formlegal requirements) and in each case, if which may provide for the Notes are listed on a national securities exchange, in compliance with the requirements selection for redemption of portions of the principal national securities exchange on which of the Notes are listedNotes; provided, however, that no Notes such partial redemption shall reduce the portion of the Original Principal Amount of a principal amount of Note not redeemed to less than $2,000 or less shall be redeemed in part. If a partial redemption is made pursuant to paragraph 6 of the Notes, selection of 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 the procedures of the Depository), unless that method is otherwise prohibited1,000. The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount Original 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 the Indenture, unless the context otherwise requires, all provisions of this Indenture that apply relating to Notes called for redemption also apply to portions of Notes called shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the Original Principal Amount of such Note which has been or is to be redeemed. If any Notes selected for partial redemption are thereafter surrendered for conversion in part before termination of the conversion right with respect to the portion of the Notes so selected, the converted portion of such Notes shall be deemed (so far as may be), solely for purposes of determining the aggregate Original Principal Amount of Notes to be redeemed by the Company, to be the portion selected for redemption. The Issuer Notes which have been converted during a selection of Notes to be redeemed may acquire be treated by the Trustee as Outstanding for the purpose of such selection. Nothing in this Section 6.03 shall affect the right of any Holder to convert any 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 Article 11 before the other terms termination of this Indenturethe conversion right with respect thereto.

Appears in 1 contract

Samples: Goodrich Petroleum Corp

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 (unless such redemption affects only a single Note), the particular Notes to a redemption made pursuant be redeemed shall be selected not less than 30 days prior to paragraph 6 of such the Redemption Date by the Trustee from the Outstanding Notes, by lot or such other method as the Trustee shall deem fair and appropriate and which may provide for the selection of the Notes for redemption shall be made on a pro rata basis (if the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, in compliance with the requirements of portions of the principal national securities exchange on which the Notes are listedamount of Notes; provided, however, that no Notes such partial redemption shall reduce the portion of a the principal amount of $2,000 or a Note not redeemed to less shall be redeemed in part. If than the minimum denomination for a partial redemption is made pursuant to paragraph 6 of the Notes, selection of 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 the procedures of the Depository), unless that method is otherwise prohibitedNote established herein. The Trustee shall promptly notify the Issuer 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. The Trustee may select for provisions of the two preceding paragraphs shall not apply with respect to any redemption portions affecting only a single Note, whether such Note is to be redeemed in whole or in part. In the case of any such redemption in part, the unredeemed portion of the principal amount of the Notes that have denominations larger Note shall be in an authorized denomination (which shall not be less than $2,000the minimum authorized denomination) for such Note. 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 shall relate, in the case of any Notes by means other than redemptionredeemed or to be redeemed only in part, whether pursuant to an Issuer tender offer, open market purchase the portion of the principal of such Notes 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: Indenture (Callon Petroleum Co)

Selection by Trustee of Notes to Be Redeemed. In the event that less than all With respect to any partial redemption or purchase of the Notes are to be redeemed at any time pursuant to a redemption made pursuant to paragraph 6 of such Notesthis Indenture, selection of the Notes for redemption or purchase shall be made made, in the case of certificated Notes, by the Trustee on a pro rata basis (to the extent applicable or by lot or by such method as the Trustee shall deem fair and appropriate; provided that if the Notes are issued represented by global Notes, interests in physical form) the Notes shall be selected for redemption or purchase by the Depository in accordance with the Depository’s applicable its standard procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listedtherefor; provided, howeverfurther, that no Notes of a principal amount of less than $2,000 or less shall be redeemed or repurchased in part. If a partial Notices of redemption is made pursuant to paragraph 6 or purchase shall be delivered by the Issuer electronically, in accordance with the Depository procedures in the case of the global Notes, selection of or mailed by first-class mail, postage prepaid, at least ten days, but except as set forth under Section 11.06, not more than 60 days before the Notes purchase date or portions thereof for redemption shall be made by the Trustee only on a pro rata basis Redemption Date to each Holder at such Holder’s registered address or on as nearly a pro rata basis as is practicable (subject to otherwise in accordance with the procedures of the Depository), unless except that method redemption notices may be delivered or mailed more than 60 days prior to a Redemption Date if the notice is otherwise prohibited. The Trustee shall promptly notify the Issuer issued in connection with a defeasance of the Notes selected for or a satisfaction and discharge of this Indenture. If any Note is to be redeemed or purchased in part only, any notice of redemption and, in or purchase that relates to such Note shall state the case portion of any Notes selected for partial redemption, the principal amount thereof that has been or is to be redeemedredeemed or purchased. The Trustee may select for redemption portions With respect to Notes represented by certificated Notes, if any Notes are to be purchased or redeemed in part only, the Issuer will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the principal original Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new Notes that have will be only issued in denominations larger than of $2,000. For all purposes 2,000 and integral multiple 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$1,000 in excess thereof.

Appears in 1 contract

Samples: Supplemental Indenture (Academy Sports & Outdoors, Inc.)

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Selection by Trustee of Notes to Be Redeemed. In the event that With respect to any partial redemption or repurchase of Notes made pursuant to this Indenture, if less than all of the Notes are to be redeemed at any time pursuant to a redemption made pursuant to paragraph 6 of such Notesgiven time, selection of the such Notes for redemption shall will be made by the Trustee on a pro rata basis (if the Notes are issued in physical form) basis, by lot or by such other method, all in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listedDepository; provided, however, provided that no Notes of a principal amount of $2,000 or less shall be redeemed or repurchased in part. If Other than in connection with a partial special mandatory redemption is made pursuant to paragraph 6 described under Section 1111, notices of the Notes, selection of the Notes purchase or portions thereof for redemption shall be made delivered electronically or mailed by first-class mail, postage prepaid, at least 10 but not more than 60 days before the purchase or Redemption Date to the Trustee only on a pro rata basis and each Holder at such Holder’s registered address or on as nearly a pro rata basis as is practicable (subject to otherwise in accordance with the procedures of the Depository), unless except that method redemption notices may be delivered electronically or mailed more than 60 days prior to a Redemption Date if the notice is otherwise prohibited. The Trustee shall promptly notify the Issuer issued in connection with a defeasance of the Notes selected for or a satisfaction and discharge of this Indenture. If any Note is to be purchased or redeemed in part only, any notice of purchase or redemption and, in that relates to such Note shall state the case portion of any Notes selected for partial redemption, the principal amount thereof that has been or is to be purchased or redeemed. The Trustee may select for redemption portions If any Notes are to be purchased or redeemed in part only, the Issuer will issue a new Note in principal amount equal to the unredeemed portion of the principal original Note in the name of the Notes that have denominations larger than $2,000Holder thereof upon cancellation of the original Note. For all purposes of this Indenture unless the context otherwise requires, provisions of this Indenture that apply to Notes called for redemption also apply become due on the date fixed for redemption, unless such redemption is conditioned on the happening of a future event. On and after the Redemption Date, unless the Issuer defaults in payment of the Redemption Price, interest shall cease to accrue on Notes or portions of Notes thereof 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 unless such acquisition does not otherwise violate redemption is conditioned on the other terms happening of this Indenturea future event.

Appears in 1 contract

Samples: Indenture (Aar Corp)

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 an optional redemption, the particular Notes to paragraph 6 of such Notes, selection of the Notes for redemption be redeemed shall be made on a pro rata basis (if selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchangenot previously called for redemption, in compliance with the requirements of the principal national securities exchange exchange, if any, on which such Notes are listed, or, if such Notes are not so listed, and the requirements of any Common Depositary holding the Global Notes or if the Notes are listednot so listed or such exchange prescribes no method of selection and the Notes are not held through a Common Depositary or such Common Depositary prescribes no method of selection, then 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 redemption equals €100,000 or an integral multiple of €1,000 in excess thereof. No Notes of a principal amount of $2,000 €100,000 or less shall will be redeemed in partpart and no redemption will result in a Holder holding a Note of less than €100,000. If a partial any Note is to be redeemed in part only, the notice of redemption is made pursuant relating to paragraph 6 such Note will state the portion of the Notes, selection 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 the Notes or portions Holder 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 the procedures upon cancellation of the Depository), unless that method is otherwise prohibitedoriginal Note. The Trustee shall promptly notify the 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. The Trustee Notices of any redemption upon any Equity Offering may select for be given prior to the completion thereof, and any redemption portions or notice may, at the Issuer’s discretion, be subject to one or more conditions precedent, including, but not limited to, completion of the principal of the Notes that have denominations larger than $2,000Equity Offering. For all purposes of this Indenture Indenture, unless the context otherwise requires, all provisions of this Indenture that apply relating to Notes called for 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 amount 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: Quiksilver 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 such Notestime, selection of the Trustee will select the Notes for redemption shall be made on a pro rata basis (if or, in the case of Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if subject to the Notes are listed on a national securities exchange, in compliance with the requirements applicable procedures of the principal national securities Depositary) unless otherwise required by law or applicable stock exchange on which the or depositary requirements. No Notes are listed; provided, however, that no Notes of with a principal amount of $2,000 or less shall can be redeemed in part. If a partial Notices of redemption is made pursuant to paragraph 6 shall be delivered by first class mail (or otherwise in accordance with the procedures of the NotesDepositary), selection at least 10 but not more than 60 days before the Redemption Date to each Holder of Notes to be redeemed at such Holder’s registered address, except that redemption notices may be mailed or sent more than 60 days prior to a Redemption Date if the notice is issued in connection with a defeasance of the Notes or portions thereof for a satisfaction and discharge of this Indenture. If any Note is to redeemed in part only, any notice of redemption that relates to such Note shall be made by state the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures portion of the Depository), unless that method is otherwise prohibited. 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 that has been or is to be redeemed. The Trustee may select for redemption portions If any Notes are to be redeemed in part only, the Issuer shall issue a new Note (or cause to be transferred by book entry) in principal amount equal to the unredeemed portion of the principal original Note in the name of the Notes that have denominations larger than $2,000Holder thereof upon cancellation of the original Note. For all purposes of this Indenture unless the context otherwise requires, provisions of this Indenture that apply to Notes called for redemption also apply become due on the date fixed for redemption, subject to the satisfaction of any applicable conditions. On and after the Redemption Date, unless the Issuer defaults in payment of the Redemption Price, interest shall cease to accrue on Notes or 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: Supplemental Indenture (On Semiconductor Corp)

Selection by Trustee of Notes to Be Redeemed. In the event that less If fewer than all of the Notes held in definitive form are to be redeemed at any time pursuant to a redemption made pursuant to paragraph 6 of such Notesredeemed, selection of the Trustee shall select the Notes for redemption shall to be made on a redeemed pro rata basis (or by lot or by a method that complies with applicable legal and securities exchange requirements, if any, and that the Notes are issued Trustee in physical form) or its sole discretion shall deem to be fair and appropriate and in accordance with methods generally used at the Depository’s applicable procedures (if the Notes are issued time of selection by fiduciaries in global form) and in each case, if the Notes are listed on a national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; provided, however, that no Notes of a principal amount of $2,000 or less shall be redeemed in part. If a partial redemption is made pursuant to paragraph 6 of the Notes, selection of 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 the procedures of the Depository), unless that method is otherwise prohibitedsimilar circumstances. The Trustee shall promptly notify make the Issuer selection at least 30 days but no more than 60 days before the Redemption Date from Outstanding Notes not previously called for redemption. Notes and portions thereof that the Trustee selects shall be in Principal Amount at Maturity of the Notes selected for redemption and, in the case $1,000 or integral multiples of any Notes selected for partial redemption, the principal amount thereof to be redeemed$1,000. 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 Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Issuer Trustee shall promptly notify the Company of the Notes or portions 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 Notes so selected, the converted portion of such Note shall be deemed (so far as may acquire be) to be the portion selected for redemption. Notes that have been converted during a selection of Notes to be redeemed shall be treated by means other than redemption, whether pursuant to an Issuer tender offer, open market purchase or otherwise, provided the Trustee as Outstanding for the purpose of such acquisition does not otherwise violate the other terms of this Indentureselection.

Appears in 1 contract

Samples: Fourth Supplemental Indenture (Cox Communications Inc /De/)

Selection by Trustee of Notes to Be Redeemed. In the event that less fewer than all of the Notes of any series are to be redeemed at any time pursuant to a redemption made pursuant to paragraph 6 redeemed, the Trustee shall select the Notes of such Notes, selection of the Notes for redemption shall series to be made on a pro rata basis (if the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each caseredeemed, if the Notes of such series are listed on a national securities exchange, in compliance accordance with the requirements rules of the principal national securities such exchange on which 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 no Notes of a principal amount of $2,000 or less shall be redeemed in part. If if a partial redemption is made pursuant to paragraph 6 with the proceeds of the Notesan 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 the procedures of the DepositoryDTC procedures), unless that 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 $2,0001,000. 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: 3019693 Nova Scotia U.L.C.

Selection by Trustee of Notes to Be Redeemed. In the event that less than all of the 2023 Notes or 2043 Notes, as the case may be, are to be redeemed at any time pursuant to a redemption made pursuant to paragraph 6 of such Notes, selection of the Notes for redemption shall be made on a pro rata basis (if by the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, Trustee in compliance with the requirements of the principal national securities exchange exchange, if any, on which the such Notes are listedlisted or, if such Notes are not then listed on a national 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. If a partial redemption is made pursuant to paragraph 6 of the Notes, selection of 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 the procedures of the Depository), unless that method is otherwise prohibited. 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 (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 such Notestime, selection of the Trustee will select the Notes for redemption shall be made on a pro rata basis (if or, in the case of Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if subject to the Notes are listed on a national securities exchange, in compliance with the requirements applicable procedures of the principal national securities Depositary) unless otherwise required by law or applicable stock exchange on which the or depositary requirements. No Notes are listed; provided, however, that no Notes of with a principal amount of $2,000 or less shall can be redeemed in part. If a partial Notices of redemption is made pursuant to paragraph 6 shall be delivered by first class mail (or otherwise in accordance with the procedures of the NotesDepositary), selection at least 10 but not more than 60 days before the Redemption Date to each Holder of Notes to be redeemed at such Holder’s registered address, except that redemption notices may be mailed or sent more than 60 days prior to a Redemption Date if the notice is issued in connection with a defeasance of the Notes or portions thereof for a satisfaction and discharge of this Indenture. If any Note is to redeemed in part only, any notice of redemption that relates to such Note shall be made by state the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures portion of the Depository), unless that method is otherwise prohibited. 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 that has been or is to be redeemed. The Trustee may select for redemption portions If any Notes are to be redeemed in part only, the Issuer shall issue a new Note (or cause to be transferred by book entry) in principal amount equal to the unredeemed portion of the principal original Note in the name of the Notes that have denominations larger than $2,000Holder thereof upon cancellation of the original Note. For all purposes of this Indenture unless the context otherwise requires, provisions of this Indenture that apply to Notes called for redemption also apply become due on the date fixed for redemption, subject to the satisfaction of any applicable conditions. On and after the Redemption Date, unless the Issuer defaults in payment of the Redemption Price, interest shall cease to accrue on Notes or portions of Notes called for redemption. The redemption (unless 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 defaults in the other terms payment of this Indenturethe applicable redemption payment).

Appears in 1 contract

Samples: Supplemental Indenture (Entegris Inc)

Selection by Trustee of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed, the particular Notes to be redeemed at any time pursuant to a redemption made pursuant to paragraph 6 of such Notes, selection of the Notes for redemption shall be made on a selected not more than 60 days and not less than 30 days prior to the Redemption Date by the Trustee, from the Outstanding Notes not previously called for redemption, by lot, pro rata basis (if the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, in compliance any other method that complies with the requirements of the principal national securities any exchange on which the Notes are listed; listed or quoted and that the Trustee shall deem fair and appropriate. 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, solely for purposes of determining the aggregate principal amount of the Notes to be redeemed, to be the portion selected for redemption (provided, however, that no the Holder of such Note so converted and deemed redeemed shall not be entitled to any interest payment as a result of such deemed redemption except for such interest payment as such Holder would have otherwise been entitled to receive upon conversion of such Note). Notes that have been converted during a selection of a principal amount Notes to be redeemed may be treated by the Trustee as Outstanding for the purpose of such selection. Notes in denominations of $2,000 or less shall 1,000 may only be redeemed in partwhole. If a partial The Trustee may select for redemption is made pursuant portions (equal to paragraph 6 $1,000 or any integral multiple thereof) of the Notes, selection principal of 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 the procedures of the Depository), unless that method is otherwise prohibitedhave denominations larger than $1,000. The Trustee shall promptly notify the Issuer 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. 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 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 amount 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: Transwitch Corp /De

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 this Article 6, the particular Notes to paragraph 6 of such Notes, selection of the Notes for redemption be redeemed shall be made selected by the Trustee, from the outstanding Notes not previously called for redemption, by lot or on a pro rata basis (if among the Notes are issued or by such other method as the Trustee shall deem fair and appropriate, including any method required by DTC or any successor Depositary (and in physical form) or in accordance with the Depository’s such manner as is not prohibited by applicable procedures (if the Notes are issued in global formlegal requirements) and in each case, if which may provide for the Notes are listed on a national securities exchange, in compliance with the requirements selection for redemption of portions of the principal national securities exchange on which of the Notes are listedNotes; provided, however, that no Notes such partial redemption shall reduce the portion of the Original Principal Amount of a principal amount of Note not redeemed to less than $2,000 or less shall be redeemed in part. If a partial redemption is made pursuant to paragraph 6 of the Notes, selection of 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 the procedures of the Depository), unless that method is otherwise prohibited1,000. The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount Original 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 the Indenture, unless the context otherwise requires, all provisions of this Indenture that apply relating to Notes called for redemption also apply to portions of Notes called shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the Original Principal Amount of such Note which has been or is to be redeemed. If any Notes selected for partial redemption are thereafter surrendered for conversion in part before termination of the conversion right with respect to the portion of the Notes so selected, the converted portion of such Notes shall be deemed (so far as may be), solely for purposes of determining the aggregate Original Principal Amount of Notes to be redeemed by the Company, to be the portion selected for redemption. The Issuer Notes which have been converted during a selection of Notes to be redeemed may acquire be treated by the Trustee as outstanding for the purpose of such selection. Nothing in this Section 6.03 shall affect the right of any Holder to convert any 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 Article 11 before the other terms termination of this Indenturethe conversion right with respect thereto.

Appears in 1 contract

Samples: Goodrich Petroleum Corp

Selection by Trustee of Notes to Be Redeemed. In Unless otherwise specified for Notes of any series in the event that less than all applicable Notes Supplemental Indenture, as contemplated by Section 301, in the case of the Notes are to be redeemed at any time pursuant to a redemption made pursuant to paragraph 6 of such Notespartial redemption, selection of the Notes for redemption shall be made on a pro rata basis (if the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; provided, however, that no Notes of a principal amount of $2,000 or less shall be redeemed in part. If a partial redemption is made pursuant to paragraph 6 of the Notes, selection of the Notes or portions thereof for redemption shall will be made by the Trustee only not more than 60 days prior to the Redemption Date (except that such notice may be delivered more than 60 days prior to the Redemption Date if such notice is issued in connection with the defeasance of Notes pursuant to Section 1201 or a satisfaction and discharge of this Indenture pursuant to Section 1101 or if the Redemption Date is delayed as provided in Section 6 of the applicable Notes Supplemental Indenture) on a pro rata basis basis, by lot or on by such other method as nearly a pro rata basis as is practicable (subject the Trustee shall deem to be fair and appropriate, and in the case of global notes, in accordance with the procedures of the Depository)Depositary, unless that method is otherwise prohibitedin integral multiples of $1,000, although no Note of the Minimum Denomination in original principal amount or less will be redeemed in part. The Trustee shall promptly notify the Issuer 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. The Trustee may select On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption portions of the principal of the Notes that have denominations larger than $2,000redemption. 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 amount of such Note that 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: Indenture (Envision Healthcare Corp)

Selection by Trustee of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed, the particular Notes to be redeemed at any time pursuant will be selected not more than 60 days prior to a redemption made pursuant to paragraph 6 of the Redemption Date by the Trustee by lot, PRO RATA or such Notes, selection of other method as the Notes for redemption shall be made on a pro rata basis (if the Notes are issued Trustee in physical form) its sole discretion deems fair and appropriate or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, in compliance such manner as complies with the requirements of the principal national securities exchange exchange, if any, on which the Notes being redeemed are listedlisted and DTC; provided, however, PROVIDED that no Notes any redemption following one or more Public Equity Offerings or sales of Common Stock to a principal amount of $2,000 or less shall be redeemed in part. If a partial redemption is made pursuant to paragraph 6 of the Notes, selection of the Notes or portions thereof for redemption shall Strategic Equity Investor will be made by the Trustee only on a pro rata basis PRO RATA or on as nearly a pro rata PRO RATA basis as is practicable (subject to the procedures of DTC); PROVIDED, HOWEVER, that no such partial redemption will reduce the Depository)principal amount of a Note not redeemed to less than $1,000. Notice of redemption will be mailed, first-class postage prepaid, no less than 30 nor more than 60 days prior to the applicable Redemption Date to each Holder of Notes to be redeemed at its registered address. On and after the Redemption Date, interest on Notes called for redemption will cease to accrue from and after the date fixed for redemption (unless that method is otherwise prohibitedthe Company defaults in providing the funds for such redemption) and, upon redemption on such Redemption Date, such Notes will cease to be Outstanding. The Trustee shall promptly notify the Issuer 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 $2,000. For all purposes of this Indenture Indenture, unless the context otherwise requires, all provisions of this Indenture that apply relating to Notes called for 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 amount 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: Indenture (Convergent Communications Inc /Co)

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 such Notestime, selection of the Trustee shall select Notes for redemption shall be made on a pro rata basis (if the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, in compliance with the requirements of the principal national securities exchange exchange, if any, on which the such Notes are listed (so long as the Trustee knows of such listing), 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, in the case of the Global Notes, the procedures of the Depositary) in minimum denominations of $2,000 and in integral multiples of $1,000 in excess thereof; provided, however, provided that no the selection of Notes for redemption shall not result in a Holder of Notes with a principal amount of Notes less than the minimum denomination of $2,000 2,000. If any Note is to be purchased or less redeemed in part only, the notice of purchase or redemption relating to such Note shall state the portion of the principal amount thereof that has been or is to be purchased or redeemed. A new Note in principal amount equal to the unredeemed portion thereof shall be redeemed issued in part. If a partial redemption is made pursuant to paragraph 6 the name of the Notes, selection Holder thereof upon cancellation of the original Note in accordance with Section 5.7. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption shall so long as the Issuers have deposited with the Paying Agent funds sufficient to pay the principal of and premium, if any, plus accrued and unpaid interest, if any, on the Notes to 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), unless that method is otherwise prohibitedredeemed. The Trustee shall promptly notify the Issuer Issuers 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 $2,000. For all purposes of this Indenture Indenture, unless the context otherwise requires, all provisions of this Indenture that apply relating to Notes called for 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 amount 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: PPD, 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 such Notes, selection of the Notes for redemption shall be made on a pro rata basis (if by the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, Trustee in compliance with the requirements of the principal national securities exchange exchange, if any, on which the such Notes are listedlisted or, if such Notes are not then listed on a national 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. If a partial redemption is made pursuant to clause (c) of paragraph 6 of the Notes, selection of 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 the procedures of the Depository), unless that method is otherwise prohibited. 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 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 (Starz, LLC)

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 such Notes, selection of the Notes for redemption shall be made on a pro rata basis (if the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; provided, however, that no Notes of a principal amount of $2,000 or less shall be redeemed in part. If a partial redemption is made pursuant to paragraph 6 of the Notes, selection of 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 the procedures of the DepositoryDepository if the Notes are held in global form), unless that method is otherwise prohibited. 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 such acquisition does not otherwise violate the other terms of this Indenture.

Appears in 1 contract

Samples: Indenture (Match 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 at any time pursuant to a redemption made pursuant to paragraph 6 of such Notesredeemed, selection of the Trustee shall select the Notes for redemption shall to be made on a pro rata basis (if the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each caseredeemed, if the Notes are listed on a national securities exchange, in compliance accordance with the requirements rules of such exchange or, if the principal national securities 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 Issuers shall have previously notified the Trustee in writing of any such exchange on which the Notes are listed; , and provided, howeverfurther, that no Notes of a principal amount of $2,000 or less shall be redeemed in part. If if a partial redemption is made pursuant to paragraph 6 with the proceeds of the Notesa Public Equity Offering, selection of the 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 the procedures of the Depository)basis, unless that such a method is otherwise prohibited. 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 at maturity thereof to be redeemed. The Trustee may select for redemption portions of the principal of the Notes that have denominations larger than $2,0001,000 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 $1,000 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. 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: TWP Capital Corp Ii

Selection by Trustee of Notes to Be Redeemed. In the event that less fewer than all of the Notes are to be redeemed at any time pursuant to a redemption made pursuant to paragraph 6 of such Notesredeemed, selection of the Trustee shall select the Notes for redemption shall to be made on a pro rata basis (if the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each caseredeemed, if the Notes are listed on a national securities exchange, in compliance accordance with the requirements rules of such exchange or, if the principal national securities 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 Issuer shall have previously notified the Trustee in writing of any such exchange on which the Notes are listed; , and provided, howeverfurther, that no Notes of a principal amount of $2,000 or less shall be redeemed in part. If if a partial redemption is made pursuant to paragraph 6 with the proceeds of the Notesa Qualified Public Offering, selection of the 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 the procedures of the Depository)basis, unless that such a method is otherwise prohibited. 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 $2,0001,000. 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: Indenture (United Industries Corp)

Selection by Trustee of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed, the particular Notes to be redeemed at any time pursuant to a redemption made pursuant to paragraph 6 of such Notes, selection of the Notes for redemption shall be made on a pro rata basis (if selected by the Trustee, from the Outstanding Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchangenot previously called for redemption, in compliance with the requirements of the principal national securities exchange exchange, if any, on which the such Notes are listed, or, if such Notes are not so listed, 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 Notes; provided, however, that no Notes such partial redemption shall reduce the portion of a the principal amount of a Note not redeemed to less than $2,000 or less shall be redeemed in part. If a partial 1,000; provided further that any such redemption is made pursuant to paragraph 6 of the Notes, selection of the Notes or portions thereof for redemption provisions relating to a Public Equity Offering 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 the procedures of DTC or any other depositary). Notice of redemption shall be sent by first- class mail at least 30 but not more than 60 days before the Depository)Redemption Date to each Holder of Notes to be redeemed at its registered address. On and after the Redemption Date, interest shall cease to accrue on Notes or portions thereof called for redemption, unless that method is otherwise prohibitedthe Company defaults in the payment of the Redemption Price. The Trustee shall promptly notify the Issuer 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 $2,000. For all purposes of this Indenture Indenture, unless the context otherwise requires, all provisions of this Indenture that apply relating to Notes called for 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 amount 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: Perry Ellis International 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 such Notestime, selection of the Trustee shall select Notes for redemption shall be made on a pro rata basis (if the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, in compliance with the requirements of the principal national securities exchange exchange, if any, on which the such Notes are listed (so long as the Trustee knows of such listing), 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) in minimum denominations of $150,000 and in integral multiples of $1,000 in excess thereof; provided, however, provided that no the selection of Notes for redemption shall not result in a Holder of Notes with a principal amount of Notes less than the minimum denomination of $2,000 150,000. If any Note is to be purchased or less redeemed in part only, the notice of purchase or redemption relating to such Note shall state the portion of the principal amount thereof that has been or is to be purchased or redeemed. A new Note in principal amount equal to the unredeemed portion thereof shall be redeemed issued in part. If a partial redemption is made pursuant to paragraph 6 the name of the Notes, selection Holder thereof upon cancellation of the original Note in accordance with Section 5.7. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption shall so long as the Issuers have deposited with the Paying Agent funds sufficient to pay the principal and premium, if any, plus accrued and unpaid interest, if any, on the Notes to 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), unless that method is otherwise prohibitedredeemed. The Trustee shall promptly notify the Issuer Issuers 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 $2,000. For all purposes of this Indenture Indenture, unless the context otherwise requires, all provisions of this Indenture that apply relating to Notes called for 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 amount 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: Indenture (Axalta Coating Systems Ltd.)

Selection by Trustee of Notes to Be Redeemed. In Unless otherwise specified for Notes of any series in the event that less than all applicable Notes Supplemental Indenture, as contemplated by Section 301, in the case of the Notes are to be redeemed at any time pursuant to a redemption made pursuant to paragraph 6 of such Notespartial redemption, selection of the Notes for redemption shall be made on a pro rata basis (if the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; provided, however, that no Notes of a principal amount of $2,000 or less shall be redeemed in part. If a partial redemption is made pursuant to paragraph 6 of the Notes, selection of the Notes or portions thereof for redemption shall will be made by the Trustee only not more than 60 days prior to the Redemption Date (except that such notice may be delivered more than 60 days prior to the Redemption Date if such notice is issued in connection with the defeasance of Notes pursuant to Section 1201 or a satisfaction and discharge of this Indenture pursuant to Section 1101, or if the Redemption Date is delayed as provided in Section 6 of the applicable Notes Supplemental Indenture) on a pro rata basis basis, by lot or on by such other method as nearly a pro rata basis as is practicable (subject the Trustee in its sole discretion shall deem to the procedures be fair and appropriate, in integral multiples of the Depository)$1,000, unless that method is otherwise prohibitedalthough no Note of $2,000 in original principal amount or less will be redeemed in part. The Trustee shall promptly notify the Issuer 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. The Trustee may select On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption portions of the principal of the Notes that have denominations larger than $2,000redemption. 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 amount of such Note that 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: Indenture (Nci Building Systems Inc)

Selection by Trustee of Notes to Be Redeemed. In the event that less than all case of the Notes are to be redeemed at any time pursuant to a redemption made pursuant to paragraph 6 of such Notespartial redemption, selection of the Notes for redemption shall will be made by the Trustee on a pro rata basis (if basis, by lot or by such other method as the Notes are issued Trustee in physical form) or its sole discretion shall deem to be fair and appropriate, although no Note of $1,000 in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; provided, however, that no Notes of a original principal amount of $2,000 or less shall will be redeemed in part. If a partial Notes are to be redeemed in part only, the notice of redemption is made pursuant relating to paragraph 6 such Note shall state the portion of the Notes, selection 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 the Notes or portions Holder 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 the procedures upon cancellation of the Depository)applicable Note. In the event of any partial redemption, unless the liability of each Issuer for each Note that method is otherwise prohibitedremains outstanding shall continue in the same proportion as the relative proportions of the CCI Illinois Portion and the CCI Texas Portion, respectively. The Trustee shall promptly notify the Issuer Issuers 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. The Trustee may select On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption portions of the principal of the Notes that have denominations larger than $2,000redemption. 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 that 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: Pledge and Guarantee Agreement (Consolidated Communications Texas Holdings, 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 such Notestime, selection of the Trustee will select Notes for redemption shall be made on a pro rata basis (if or as nearly pro rata as practicable) unless otherwise required by law or the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, in compliance with the requirements rules of the principal national securities exchange exchange, if any, on which the such Notes are listedlisted (but only to the extent that the Trustee has been notified in writing of such listing by the LLC Co-Issuer), in minimum denominations of $2,000 and in integral multiples of $1,000 in excess thereof (or if a PIK Payment has been made, in minimum denominations of $2,000 and in integral multiples of $1.00 in excess thereof); provided, however, provided that no the selection of Notes for redemption will not result in a Holder of Notes with a principal amount of Notes owning less than $2,000 in aggregate principal amount of Notes. If any Note is to be purchased or less shall be redeemed in part. If a partial part only, the notice of purchase or redemption is made pursuant relating to paragraph 6 such Note will state the portion of the Notes, selection principal amount thereof that has been or is to be purchased or redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon cancellation of the original Note in accordance with Section 5.7. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption shall so long as the Issuers have deposited with the Paying Agent funds sufficient to pay the principal and premium, if any, plus accrued and unpaid interest, if any, on the Notes to 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), unless that method is otherwise prohibitedredeemed. The Trustee shall will promptly notify the Issuer Issuers 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 $2,000. For all purposes of this Indenture Indenture, unless the context otherwise requires, all provisions of this Indenture that apply relating to Notes called for redemption also apply to portions of Notes called for redemption. The Issuer may acquire Notes by means other than redemptionwill 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 amount 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: Mariposa Merger Sub (Neiman Marcus Group LTD Inc.)

Selection by Trustee of Notes to Be Redeemed. In the event that less than all With respect to any partial redemption or purchase of the Notes are to be redeemed at any time pursuant to a redemption made pursuant to paragraph 6 of such Notesthis Indenture, selection of the Notes for redemption shall or purchase will be made on a pro rata basis (to the extent applicable or by lot or by such method as the Trustee shall deem fair and appropriate; provided that if the Notes are issued represented by global Notes, interests in physical form) the Notes shall be selected for redemption or purchase by the Trustee in accordance with the Depository’s applicable standard procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listedDepository therefor; provided, howeverfurther, that no Notes of a principal amount of less than $2,000 or less shall can be redeemed or repurchased in part. If a partial redemption is made pursuant Such Notes to paragraph 6 of be redeemed or purchased shall be selected, unless otherwise provided herein, at least 30 days but except as set forth in Section 11.07, not more than 60 days prior to the Notes, selection of Redemption Date from the Outstanding Notes or portions thereof not previously called for redemption or purchase. Notices of redemption or offers to purchase shall be made delivered electronically or mailed by first-class mail, postage prepaid, at least 30 days, but except as set forth in Section 11.07 not more than 60 days before the Trustee only on a pro rata basis purchase date or on as nearly a pro rata basis as is practicable (subject Redemption Date to each Holder at such Holder’s registered address or otherwise in accordance with the procedures of the Depository), unless except that method redemption notices may be delivered or mailed more than 60 days prior to a Redemption Date if the notice is otherwise prohibitedissued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture or as specified in Section 11.07. If any Note is to be redeemed or purchased in part only, any notice of redemption or offers to purchase that relates to such Note shall state the portion of the principal amount thereof that has been or is to be redeemed or purchased. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Notes Note selected for partial redemptionredemption or purchase, the principal amount thereof to be redeemedredeemed or purchased. 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 Provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemptionredemption or purchase. The With respect to Notes represented by certificated notes, if any Notes are to be purchased or redeemed in part only, the Issuer may acquire will issue a new Note in a principal amount equal to the unredeemed or unpurchased portion of the original Note in the name of the Holder thereof upon cancellation of the original Note; provided that the new 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 will be only issued in minimum denominations of this Indenture$2,000 and any integral multiple of $1,000 in excess thereof.

Appears in 1 contract

Samples: Indenture (International Seaways, Inc.)

Selection by Trustee of Notes to Be Redeemed. In the event that If less than all of the Notes of any series are to be redeemed, the particular Notes to be redeemed at any time pursuant to a redemption made pursuant to paragraph 6 shall be selected by the Trustee from the Outstanding Notes of such Notesseries not previously called for redemption, by such method as shall be provided for any particular series or, in the absence of any such provision, by such method of random selection of as the Notes Trustee shall deem fair and appropriate and which may, in any case, provide for the selection for redemption shall be made on a pro rata basis of portions (if equal to the minimum authorized denomination for Notes are issued in physical formof such series or any integral multiple thereof) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, in compliance with the requirements of the principal national securities exchange on which amount of Notes of such series of a denomination larger than the minimum authorized denomination for Notes are listedof such series; provided, however, that no Notes of a if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of $2,000 or less shall be redeemed in part. If a partial redemption is made pursuant to paragraph 6 of the Notes, selection of the Notes or portions thereof then Outstanding of any series, and less than all 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 shall be made by the Trustee only on a pro rata basis all or on as nearly a pro rata basis as is practicable (subject to the procedures any principal amount of the Depository), unless that method is otherwise prohibitedsuch Notes which have not been so tendered. The Trustee shall promptly notify the Issuer 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. 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 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 shall relate, in the case of any Notes by means other than redemptionredeemed or to be redeemed only in part, whether pursuant to an Issuer tender offer, open market purchase the portion of the principal amount of such Notes 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: Indenture (Public Service Co of New Mexico)

Selection by Trustee of Notes to Be Redeemed. In the event that With respect to any partial redemption or repurchase of Notes made pursuant to this Indenture, if less than all of the Notes are to be redeemed at any time pursuant to a redemption made pursuant to paragraph 6 of such Notesgiven time, selection of the such Notes for redemption shall will be made on a pro rata basis by the Trustee (if the Notes are issued in physical forma) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national any securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listedlisted or (b) if the Notes are not listed on any national securities exchange, on a pro rata basis (except that any Notes represented by one or more Global Notes registered in the name of or held by the Depository will be selected by lot or such other similar method in accordance with the procedures of the Depository); provided, however, provided that no Notes of a principal amount of $2,000 or less shall be redeemed or repurchased in part. If any Notes are to be purchased or redeemed in part only, the Issuer shall issue a partial new Note (or cause to be transferred by book entry) in principal amount equal to the unredeemed portion of the original Note in the name of the Holder thereof upon cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption, unless such redemption is made pursuant to paragraph 6 conditioned on the happening of a future event. On and after the Redemption Date, unless the Issuer defaults in payment of the NotesRedemption Price, selection of the interest shall cease to accrue on 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 the procedures of the Depository), unless that method is otherwise prohibited. 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 unless such redemption is conditioned on the happening of a future event and such redemption is delayed or otherwise, provided such acquisition does not otherwise violate the other terms of this Indenturerescinded as a result thereof.

Appears in 1 contract

Samples: Supplemental Indenture (Apergy Corp)

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 such Notes, selection the 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 Notes not previously called for redemption by such method as the Trustee shall be made on a pro rata basis deem fair and appropriate and which may provide for the selection for redemption of portions (if equal to the minimum authorized denomination for Notes are issued in physical formor any integral multiple thereof) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, in compliance with the requirements of the principal national securities exchange on amount of Notes in a denomination larger than the minimum authorized denomination for Notes pursuant to Section 2.01(a) in the currency in which the Notes are listed; provided, however, that no Notes denominated. The portions of a the principal amount of $2,000 or less shall be redeemed in part. If a Notes so selected for partial redemption is made pursuant to paragraph 6 of the Notes, selection of 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 equal to the procedures of minimum authorized denominations for Notes pursuant to Section 2.01(a) in the Depository)currency in which the Notes are denominated or any integral multiple thereof. In any case when more than one Note is registered in the same name, unless that method is otherwise prohibitedthe 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 Issuer Company and the U.S. Depositary for the Notes (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. 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 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 amount 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: MGM Mirage

Selection by Trustee of Notes to Be Redeemed. In the event that less than all of The Trustee shall select the Notes are to be redeemed at any time pursuant to a redemption made pursuant to paragraph 6 of such Notes, selection of the Notes for redemption shall be made on a pro rata basis (if the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each caseredeemed, if the Notes are then listed on a national securities exchange, in compliance accordance with the requirements rules of the principal national securities such exchange on which or, if the Notes are not so listed, either on a pro rata basis or by lot, or such other method as the Trustee in its sole discretion shall deem fair and appropriate; providedprovided that, however, that no Notes in the case of a principal amount of $2,000 or less shall be redeemed in part. If a partial redemption is made pursuant to paragraph 6 Section 5 of the Notes, selection of the 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 the procedures of the Depository), unless that method is otherwise 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 amount of the Notes that have denominations larger than $2,000. Notes and portions thereof the Trustee selects shall be redeemed in principal amounts of $2,000 and integral 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 In the event the Company 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 means other than redemption$1,000, whether pursuant the Trustee shall promptly refund to an Issuer tender offerthe Company any remaining funds, open market purchase or otherwise, provided such acquisition does not otherwise violate the other terms of this Indenturewhich in no event shall exceed $1,000.

Appears in 1 contract

Samples: Indenture (R H Donnelley Corp)

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 such Notestime, selection of the Trustee will select Notes for redemption shall be made on a pro rata basis (if or as nearly pro rata as practicable) unless otherwise required by law or the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, in compliance with the requirements rules of the principal national securities exchange exchange, if any, on which such Notes are listed (but only to the extent that the Trustee has been notified in writing of such listing by the Issuer), in minimum denominations of $2,000.00 and in integral multiples of $1.00 in excess thereof; provided that the selection of Notes for redemption will not result in a Holder owning less than $2,000.00 in aggregate principal amount of Notes, and provided further that if all of the Notes are listed; providedin global form, howeverinterests in the Notes to be redeemed will be selected for redemption by the Depositary in accordance with the Applicable Procedures of the Depositary. If any Note is to be purchased or redeemed in part only, that no Notes the notice of a purchase or redemption relating to such Note will state the portion of the principal amount of $2,000 thereof that has been or less shall is to be redeemed purchased or redeemed. A new Note in part. If a partial redemption is made pursuant principal amount equal to paragraph 6 the unredeemed portion thereof will be issued in the name of the Notes, selection Holder thereof upon cancellation of the original Note in accordance with Section 5.7. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption shall so long as the Issuers have deposited with the Paying Agent funds sufficient to pay the principal of and premium, if any, plus accrued and unpaid interest, if any, on the Notes to 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), unless that method is otherwise prohibitedredeemed. The Trustee shall will promptly notify the Issuer Issuers 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 $2,000. For all purposes of this Indenture Indenture, unless the context otherwise requires, all provisions of this Indenture that apply relating to Notes called for redemption also apply to portions of Notes called for redemptionwill 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. 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.135

Appears in 1 contract

Samples: Neiman Marcus Group LTD LLC

Selection by Trustee of Notes to Be Redeemed. In the event that If less than all of the Notes of the Company are to be redeemed at any time pursuant to a redemption made pursuant to paragraph 6 of such Notesgiven time, selection of the such Notes for redemption shall will be made on a pro rata basis by the Trustee (if the Notes are issued in physical forma) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed, (b) on a pro rata basis to the extent practicable or (c) by lot or such other similar method in accordance with the procedures of Depositary; provided, however, provided that no Notes of a principal amount of $2,000 or less shall be redeemed in part. If a partial Notices of redemption is made pursuant shall be delivered electronically or mailed by first class mail, postage prepaid, at least 15 but not more than 60 days before the Redemption Date to paragraph 6 each Holder of Notes at such Holder’s registered address or otherwise in accordance with the Procedures of the NotesDepositary, selection except that redemption notices may be mailed more than 60 days prior to a Redemption Date if the notice is issued in connection with a defeasance of the Notes or portions thereof for a satisfaction and discharge of this Indenture. If any Note is to be redeemed in part only, any notice of redemption that relates to such Note shall be made by state the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures portion of the Depository), unless that method is otherwise prohibited. 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 that has been or is to be redeemed. The Trustee may select for redemption portions A new Note in principal amount equal to the unredeemed portion of any Note redeemed in part will be issued in the name of the principal Holder thereof upon cancellation of the Notes that have denominations larger than $2,000original Note. For all purposes of this Indenture On and after the Redemption Date, unless the context otherwise requiresCompany defaults in payment of the Redemption Price, provisions of this Indenture that apply interest shall cease to accrue on Notes or portions thereof called for redemption also apply to portions unless such redemption is conditioned on the happening 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 Indenturea future event.

Appears in 1 contract

Samples: Affinia Group Intermediate Holdings 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 this Article 6, the particular Notes to paragraph 6 be redeemed (in principal amounts of such Notes, selection $2,000 or an integral multiple of the Notes for redemption $1,000 in excess thereof) shall be made selected by the Trustee, from the outstanding Notes not previously called for redemption, by lot or on a pro rata basis (if among the Notes are issued or by such other method as the Trustee shall consider fair and appropriate, including any method required by DTC or any successor depositary (and in physical form) or in accordance with the Depository’s such manner as is not prohibited by applicable procedures (if the Notes are issued in global formlegal requirements) and in each case, if which may provide for the Notes are listed on a national securities exchange, in compliance with the requirements selection for redemption of portions of the principal national securities exchange on which of the Notes are listedNotes; provided, however, that no Notes such partial redemption shall reduce the portion of a the principal amount of a Note not redeemed to less than $2,000 or less shall 1,000. If any Note is to be redeemed in part. If part only, a partial redemption is made pursuant to paragraph 6 of the Notes, selection of 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 new Note in principal amount equal to the procedures of the Depository), unless that method is otherwise prohibitedunredeemed principal portion will be issued. The Trustee shall promptly notify the Issuer Company in writing, within seven calendar days from the Trustee’s receipt of a notice of redemption from the 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 $2,000. For all purposes of this Indenture the 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. If any Notes selected for partial redemption are thereafter surrendered for conversion in part before termination of the conversion right with respect to the portion of the Notes so selected, the converted portion of such Notes shall be deemed (so far as may be), solely for purposes of determining the aggregate principal amount of Notes to be redeemed by the Company, 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. Nothing in this Section 6.03 shall affect the right of any Holder to convert any Notes pursuant to Article 12 before the termination of the conversion right with respect thereto. In the event of any redemption in part (pursuant to the provisions of this Indenture that apply Article 6), the Company will not be required to Notes called for issue, register the transfer of or exchange any Note during a period of 15 days before the notice of redemption also apply to portions is sent, or register the transfer of Notes called or exchange any Note so selected for redemption. The Issuer may acquire Notes by means other than redemption, whether pursuant to an Issuer tender offerin whole or in part, open market purchase or otherwise, provided such acquisition does not otherwise violate except the other terms unredeemed portion of this Indentureany Note being redeemed in part.

Appears in 1 contract

Samples: First Supplemental Indenture (Vantage Drilling CO)

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 such Notes, selection of the Notes for redemption shall be made on a pro rata basis (if by the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, Trustee in compliance with the requirements of the principal national securities exchange exchange, if any, on which the such Notes are listedlisted or, if such Notes are not then listed on a national securities exchange, on a pro rata basis, by lot or by such method as the Trustee shall deem appropriate; provided, however, that no Notes of a principal amount of $2,000 or less shall be redeemed in part. If a partial redemption is made pursuant to clause (c) of paragraph 6 of the Notes, selection of 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 the procedures of the Depository), unless that method is otherwise prohibited. 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 such acquisition does not otherwise violate the other terms of this Indenture.

Appears in 1 contract

Samples: Indenture (Amsurg Corp)

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 this Article 6, the particular Notes to paragraph 6 of such Notes, selection of the Notes for redemption be redeemed shall be made selected by the Trustee, from the outstanding Notes not previously called for redemption, by lot or on a pro rata basis (if among the Notes are issued or by such other method as the Trustee shall deem fair and appropriate, including any method required by DTC or any successor depositary (and in physical form) or in accordance with the Depository’s such manner as is not prohibited by applicable procedures (if the Notes are issued in global formlegal requirements) and in each case, if which may provide for the Notes are listed on a national securities exchange, in compliance with the requirements selection for redemption of portions of the principal national securities exchange on which of the Notes are listedNotes; provided, however, that no Notes such partial redemption shall reduce the portion of a the principal amount of a Note not redeemed to less than $2,000 or less shall be redeemed in part. If a partial redemption is made pursuant to paragraph 6 of the Notes, selection of 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 the procedures of the Depository), unless that method is otherwise prohibited1,000. The Trustee shall promptly notify the Issuer 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 $2,000. For all purposes of this Indenture the Indenture, unless the context otherwise requires, all provisions of this Indenture that apply relating to Notes called for redemption also apply to portions of Notes called 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. If any Notes selected for partial redemption are thereafter surrendered for conversion in part before termination of the conversion right with respect to the portion of the Notes so selected, the converted portion of such Notes shall be deemed (so far as may be), solely for purposes of determining the aggregate principal amount of Notes to be redeemed by the Company, to be the portion selected for redemption. The Issuer Notes which have been converted during a selection of Notes to be redeemed may acquire be treated by the Trustee as outstanding for the purpose of such selection. Nothing in this Section 6.03 shall affect the right of any Holder to convert any 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 Article 11 before the other terms termination of this Indenturethe conversion right with respect thereto.

Appears in 1 contract

Samples: Goodrich Petroleum Corp

Selection by Trustee of Notes to Be Redeemed. In the event that less than all case of the Notes are to be redeemed at any time pursuant to a redemption made pursuant to paragraph 6 of such Notespartial redemption, selection of the Notes for redemption shall will be made by the Trustee not more than 10 days prior to the Redemption Date (except that such notice may be delivered more than 10 days prior to the Redemption Date if the Redemption Date is delayed as provided in Section 1005), in the case of Physical Notes, on a pro rata basis, and, in the case of Global Notes, on a pro rata basis (if the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (of the Depositary, provided that if the Notes are issued operational arrangement of the Depositary then in global form) and in each case, if the Notes are listed effect do not allow for redemption on a national securities exchangepro rata basis, by lot in accordance with the procedures of the Depositary, in compliance with the requirements integral multiples of $1.00, although no Note of the principal national securities exchange on which the Notes are listed; provided, however, that no Notes of a Minimum Denomination in original principal amount of $2,000 or less shall will be redeemed in part. If a partial redemption is made pursuant to paragraph 6 of the Notes, selection of 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 the procedures of the Depository), unless that method is otherwise prohibited. The Trustee shall promptly notify the Issuer 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. The Trustee may select for redemption portions On and after the Redemption Date, unless the Company defaults in the payment of the principal of the redemption price, interest will cease to accrue on Notes that have denominations larger than $2,000or portions thereof called for redemption. 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 amount of such Note that 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: Collateral Agreement (Ambac Financial 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 such the Notes, selection of the Notes for redemption shall be made on a pro rata basis (if by the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, Trustee in compliance with the requirements of the principal national securities exchange exchange, if any, on which the Notes are listedlisted 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 1,000 or less shall be redeemed in part. If a partial redemption is made pursuant to the second paragraph of paragraph 6 of the Notes, selection of 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 the procedures of the Depository), unless that method is otherwise prohibited. 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 $2,0001,000. 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: Indenture (National Credit & Guaranty CORP)

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 such Notes, selection of the Notes for redemption shall be made on a pro rata basis (if by the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, Trustee in compliance with the requirements of the principal national securities exchange exchange, if any, on which the such Notes are listedlisted or, if such Notes are not then listed on a national 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. If a partial redemption is made pursuant to paragraph 6 of the Notes, selection of 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 the procedures of the Depository), unless that method is otherwise prohibited. 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 such acquisition does not otherwise violate the other terms of this Indenture.

Appears in 1 contract

Samples: Indenture (Affiliate Investment, 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 such Notestime, selection of the Trustee shall select Notes for redemption shall be made on a pro rata basis (if the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchange, in compliance with the requirements of the principal national securities exchange exchange, if any, on which the such Notes are listed (so long as the Trustee knows of such listing), 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, in the case of the Global Notes, the procedures of the Depositary) in minimum denominations of $2,000 and in integral multiples of $1,000 in excess thereof; provided, however, provided that no the selection of Notes of for redemption shall not result in a Holder with a principal amount of Notes of any series less than the minimum denomination of $2,000 2,000. If any Note is to be purchased or less redeemed in part only, the notice of purchase or redemption relating to such Note shall state the portion of the principal amount thereof that has been or is to be purchased or redeemed. A new Note in a principal amount equal to the unredeemed portion thereof shall be redeemed issued in part. If a partial redemption is made pursuant to paragraph 6 the name of the Notes, selection Holder thereof upon cancellation of the original Note in accordance with Section 5.7. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption shall so long as the Issuer has deposited with the Paying Agent funds sufficient to pay the principal of and premium, if any, plus accrued and unpaid interest, if any, on the Notes to 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), unless that method is otherwise prohibitedredeemed. The Trustee shall promptly notify the 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. 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 of this Indenture that apply relating to Notes called for 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 amount 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: Indenture (CommScope Holding Company, 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 an optional redemption, the particular Notes to paragraph 6 of such Notes, selection of the Notes for redemption be redeemed shall be made on a pro rata basis (if selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a national securities exchangenot previously called for redemption, in compliance with the requirements of the principal national securities exchange exchange, if any, on which the such Notes are listed, or, if such Notes are not so listed, on a pro rata basis 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 Notes of a principal amount such redemption equals $100,000 or an integral multiple of $2,000 or less shall 1,000 in excess thereof. If any Note is to be redeemed in part. If a partial part only, the notice of redemption is made pursuant relating to paragraph 6 such Note will state the portion of the Notes, selection of the Notes or portions principal amount thereof for redemption shall to 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), unless that method is otherwise prohibitedredeemed. The Trustee shall promptly notify the Issuer 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. 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 of this Indenture that apply relating to Notes called for 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 amount 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: Quiksilver Inc

Selection by Trustee of Notes to Be Redeemed. In the event that less than all case of any partial redemption, if the Notes are to be redeemed at any time pursuant to a redemption made pursuant to paragraph 6 of such are not Global Notes, selection of the Trustee shall select the Notes for redemption shall to be made on a pro rata basis redeemed or purchased (if the Notes are issued in physical formi) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if the Notes are listed on a any national securities exchangeexchange and the Trustee has been notified by the Company of such listing, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; providedlisted or (ii) on a pro rata basis to the extent practical, however, that although no Notes Note of a the Minimum Denomination in original principal amount of $2,000 or less shall will be redeemed in part. If a partial redemption is made pursuant Notes to paragraph 6 of the Notes, selection of the be redeemed that are Global Notes or portions thereof for redemption shall will 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), unless that method is otherwise prohibitedselected in accordance with DTC procedures. The Trustee shall promptly notify the Issuer 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. The Trustee may select On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption portions of the principal of the Notes that have denominations larger than $2,000redemption. 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 that 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: Supplemental Indenture (Sally Beauty Holdings, 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 such Notestime, selection of the Trustee will select the Notes for redemption shall be made on a pro rata basis (if or, in the case of Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each case, if subject to the Notes are listed on a national securities exchange, in compliance with the requirements applicable procedures of the principal national securities Depository) unless otherwise required by law or applicable stock exchange on which the or depositary requirements. No Notes are listed; provided, however, that no Notes of with a principal amount of $2,000 or less shall can be redeemed in part. If Notices of redemption shall be delivered by electronic submission (for Notes held in book-entry form) or first class mail, at least 10 but not more than 60 days before the Redemption Date to each Holder of Notes to be redeemed at such Holder’s registered address, except that redemption notices may be mailed or sent more than 60 days prior to a partial redemption Redemption Date if the notice is made pursuant to paragraph 6 of the Notes, selection issued in connection with a defeasance of the Notes or portions thereof for a satisfaction and discharge of this Indenture. If any Note is to redeemed in part only, any notice of redemption that relates to such Note shall be made by state the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures portion of the Depository), unless that method is otherwise prohibited. 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 that has been or is to be redeemed. The Trustee may select for redemption portions If any Notes are to be redeemed in part only, the Issuer shall issue a new Note (or cause to be transferred by book entry) in principal amount equal to the unredeemed portion of the principal original Note in the name of the Notes that have denominations larger than $2,000Holder thereof upon cancellation of the original Note. For all purposes of this Indenture unless the context otherwise requires, provisions of this Indenture that apply to Notes called for redemption also apply become due on the date fixed for redemption, subject to the satisfaction of any applicable conditions. On and after the Redemption Date, unless the Issuer defaults in payment of the Redemption Price, interest shall cease to accrue on Notes or portions of Notes called for redemption. The redemption (unless 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 defaults in the other terms payment of this Indenturethe applicable redemption payment).

Appears in 1 contract

Samples: Supplemental Indenture (Entegris Inc)

Selection by Trustee of Notes to Be Redeemed. In the event that less fewer than all of the Notes are to be redeemed at any time pursuant to a redemption made pursuant to paragraph 6 of such Notesredeemed, selection of the Trustee shall select the Notes for redemption shall to be made on a pro rata basis (if the Notes are issued in physical form) or in accordance with the Depository’s applicable procedures (if the Notes are issued in global form) and in each caseredeemed, if the Notes are listed on a national securities exchange, in compliance accordance with the requirements rules of such exchange or, if the principal national securities 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 Issuer shall have previously notified the Trustee in writing of any such exchange on which the Notes are listed; , and provided, however, further that no Notes of a principal amount of $2,000 or less shall be redeemed in part. If if a partial redemption is made pursuant to paragraph 6 with the proceeds of the Notesan Equity Offering, selection of the 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 the procedures of the Depository)extent practical, unless that such a method is otherwise prohibited. 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 $2,0001,000 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 $1,000 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. 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: Oro Spanish Broadcasting Inc

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