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

Selection by Trustee of Notes to Be Redeemed. If fewer than all of the Notes are to be redeemed, the Trustee shall select the Notes to be redeemed pro rata, or by any other method that the Trustee considers fair and equitable and, if such Notes are listed on any securities exchange, by a method that complies with the requirements of such exchange; provided, however, that if a partial redemption is made with the proceeds of an Equity Offering, selection of Notes for redemption shall be made on a pro rata basis, unless such method is otherwise prohibited. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption and shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes in denominations of $1,000 may be redeemed only in whole. The Trustee may select for redemption portions (equal to $1,000 or integral multiples thereof) of the principal amount of Notes that have denominations larger than $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Selection by Trustee of Notes to Be Redeemed. If fewer than all of the Notes are to be redeemed, the Trustee shall select the Notes to be redeemed pro rata, or by any other method that the Trustee considers fair and equitable and, if such Notes are listed on any securities exchange, by a method that complies with the requirements of such exchange; provided, however, that if a partial redemption is made with the proceeds of an Equity Offering, selection of Notes for redemption shall be made on a pro rata basis, unless such method is otherwise prohibited. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption and shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes in denominations of $1,000 2,000 or less may be redeemed only in whole. The Trustee may select for redemption portions (equal to $1,000 or integral multiples thereof) of the principal amount of Notes that have denominations larger than $1,0002,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Selection by Trustee of Notes to Be Redeemed. If fewer than all of the Notes are to be redeemed, the Trustee shall select the Notes to be redeemed pro rata, by lot or by any other method that the Trustee considers fair and equitable appropriate and, if such Notes are listed on any securities exchange, by a method that complies with the requirements of such exchange; provided, however, that if a partial redemption is made with the proceeds of an a Public Equity Offering, selection of Notes for redemption shall be made on a pro rata basis, unless such method is otherwise prohibited. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption and shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes in denominations of $1,000 may be redeemed only in whole. The Trustee may select for redemption portions (equal to $1,000 or integral multiples thereof) of the principal amount of Notes that have denominations larger than $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Selection by Trustee of Notes to Be Redeemed. If fewer less than all of the Notes are to be redeemedredeemed at any time, the Trustee shall will select the Notes to be redeemed pro rata, or by any other method that among the Trustee considers fair and equitable and, if such Holders of the Notes are listed on any securities exchange, by a method that complies with the requirements of such exchange; provided, however, that if a partial redemption is made with the proceeds of an Equity Offering, selection of Notes for redemption shall be made on a pro rata basisbasis (or, in the case of Global Notes, the Trustee will select the Notes for redemption based on DTC’s method that most nearly approximates a pro rata selection), unless such method is otherwise prohibitedrequired by law or applicable securities exchange requirements. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption and shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount at maturity thereof to be redeemed. No Notes in denominations amounts of $2,000 or less shall be redeemed in part. Notes and portions of Notes selected shall be in amounts of $2,000 and integral multiples of $1,000 may be redeemed only in whole. The Trustee may select for redemption portions (equal to $1,000 or integral multiples excess thereof) ; except that if all of the principal Notes of a Holder are to be redeemed, the entire Outstanding amount of Notes that have denominations larger held by such Holder, even if less than $2,000 and/or a non-multiple of $1,000, shall be redeemed. Provisions Except as provided in the preceding sentence, provisions of this the Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Selection by Trustee of Notes to Be Redeemed. If In the event that fewer than all of the Notes are to be redeemed, the Trustee shall select the Notes to be redeemed pro rata, or by any other method that the Trustee considers fair and equitable andredeemed, if such the Notes are listed on any a national securities exchange, by a method that complies in accordance with the requirements rules of such exchangeexchange or, if the Notes are not so listed, either on a pro rata basis or by lot, or such other method as it shall deem fair and equitable; provided, however, that the Company shall have previously notified the Trustee in writing of any such exchange on which the Notes are listed, and provided, further, that if a partial redemption is made with the proceeds of an a Public Equity Offering, selection of the Notes or portion thereof for redemption shall be made by the Trustee on a pro rata basis, unless such a method is otherwise prohibited. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption and shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Note Notes selected for partial redemption, the principal amount thereof to be redeemed. Notes in denominations of $1,000 may be redeemed only in whole. The Trustee may select for redemption portions (equal to $1,000 or integral multiples thereof) of the principal amount of the Notes that have denominations larger than $1,000. Provisions Notes and portions thereof the Trustee selects shall be redeemed in amounts of $1,000 or whole multiples of $1,000. For all purposes of this Indenture unless the context otherwise requires, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Selection by Trustee of Notes to Be Redeemed. If In the event that fewer than all of the Notes are to be redeemed, the Trustee shall select the Notes to be redeemed pro rata, or by any other method that the Trustee considers fair and equitable andredeemed, if such the Notes are listed on any a national securities exchange, by a method that complies in accordance with the requirements rules of such exchangeexchange 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 appropriate; provided, however, that if a partial redemption is made with the proceeds of an a Qualified Equity Offering, selection of the Notes or portions thereof for redemption shall be made by the Trustee only on a pro rata basisbasis or on as nearly a pro rata basis as is practicable (subject to DTC procedures), unless such method is otherwise prohibited. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption and shall promptly notify the Company in writing Issuer of the Notes selected for redemption and, in the case of any Note Notes selected for partial redemption, the principal amount thereof to be redeemed. Notes in denominations of $1,000 may be redeemed only in whole. The Trustee may select for redemption portions (equal to $1,000 or integral multiples thereof) of the principal amount of the Notes that have denominations larger than $1,000. Provisions Notes and portions thereof -45- the Trustee selects shall be redeemed in amounts of $1,000 or whole multiples of $1,000. For all purposes of this Indenture unless the context otherwise requires, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Selection by Trustee of Notes to Be Redeemed. If fewer than all of the Notes are to be redeemed, the Trustee shall select the Notes to be redeemed pro rata, or by any other method that the Trustee considers fair and equitable (subject to applicable DTC procedures) and, if such Notes are listed on any securities exchange, by a method that complies with the requirements of such exchange; provided, however, that if a partial redemption is made with the proceeds of an Equity Offering, selection of Notes for redemption shall be made on a pro rata basisbasis (subject to applicable DTC procedures), unless such method is otherwise prohibited. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption and shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes in denominations of $1,000 2,000 or less may be redeemed only in whole. The Trustee may select for redemption portions (equal to $1,000 or integral multiples thereof) of the principal amount of Notes that have denominations larger than $1,0002,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Selection by Trustee of Notes to Be Redeemed. If In the event that fewer than all of the Notes are to be redeemed, the Trustee shall select the Notes to be redeemed pro rata, or by any other method that the Trustee considers fair and equitable andredeemed, if such the Notes are listed on any a national securities exchange, by a method that complies in accordance with the requirements rules of such exchange; providedexchange or, howeverif the Notes are not so listed, that if a partial redemption is made with the proceeds of an Equity Offering, selection of Notes for redemption shall be made either on a pro rata basisbasis or by lot, unless or such other method is otherwise prohibitedas it shall deem fair and equitable; PROVIDED, HOWEVER, that the Company shall have previously notified the Trustee in writing of any such exchange on which the Notes are listed. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption and shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Note Notes selected for partial redemption, the principal amount thereof to be redeemed. Notes in denominations of $1,000 may be redeemed only in whole. The Trustee may select for redemption portions (equal to $1,000 or integral multiples thereof) of the principal amount of the Notes that have denominations larger than $1,000. Provisions Notes and portions thereof the Trustee selects shall be redeemed in amounts of $1,000 or whole multiples of $1,000. For all purposes of this Indenture unless the context otherwise requires, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Selection by Trustee of Notes to Be Redeemed. If In the event that fewer than all of the Notes are to be redeemed, the Trustee shall select the Notes to be redeemed pro rata, or by any other method that the Trustee considers fair and equitable andredeemed, if such the Notes are listed on any a national securities exchange, by a method that complies in accordance with the requirements rules of such exchangeexchange or, if the Notes are not so listed, either on a pro rata basis or by lot, or such other method as it shall deem fair and equitable; provided, however, that the Issuers shall have previously notified the Trustee in writing of any such exchange on which the Notes are listed; and provided, further, that if a partial redemption is made with the proceeds of an a Public Equity Offering, selection of the Notes or portion thereof for redemption shall be made by the Trustee on a pro rata basis, unless such a method is otherwise prohibited. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption and shall promptly notify the Company in writing Issuers of the Notes selected for redemption and, in the case of any Note Notes selected for partial redemption, the principal amount thereof to be redeemed. Notes in denominations of $1,000 may be redeemed only in whole. The Trustee may select for redemption portions (equal to $1,000 or integral multiples thereof) of the principal amount of the Notes that have denominations larger than $1,000. Provisions Notes and portions thereof the Trustee selects shall be redeemed in amounts of this Indenture that apply to Notes called for redemption also apply to portions $1,000 or whole multiples of Notes called for redemption$1,000.