Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected by the Trustee within five Business Days after it receives the notice described in 11.3, from the Outstanding Securities not previously called for redemption, by pro rata selection, by lot or otherwise in accordance with the procedures of the Depositary. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that have been converted during a selection of Securities to be redeemed may be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 3 contracts
Samples: Indenture (Mercury Computer Systems Inc), Solectron Corp, Solectron Corp
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected by the Trustee within five three Business Days after it receives the notice described in 11.3Section 10.3, from the ------------ Outstanding Securities not previously called for redemption, by pro rata selection, by lot or otherwise in accordance with such method as the procedures of the DepositaryTrustee may deem fair and appropriate. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that which have been converted during a selection of Securities to be redeemed may be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount and certificate numbers thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 3 contracts
Samples: Indenture (Medarex Inc), Medarex Inc, Digital Island Inc
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected by the Trustee within five three Business Days after it receives the notice described in 11.3, from the Outstanding Securities not previously called for redemption, by pro rata selection, by lot or otherwise in accordance with such method as the procedures of the DepositaryTrustee may deem fair and appropriate. If any Registered Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that which have been converted during a selection of Securities to be redeemed may be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount and certificate numbers thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 3 contracts
Samples: Indenture (MRV Communications Inc), Homebase Inc, Sports Authority Inc /De/
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected by the Trustee within five three Business Days after it receives the notice described in 11.3SECTION 10.3, from the Outstanding Securities not previously called for redemption, by pro rata selection, by lot or otherwise in accordance with such method as the procedures of the DepositaryTrustee may deem fair and appropriate. If any Registered Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that which have been converted during a selection of Securities to be redeemed may be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount and certificate numbers thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 2 contracts
Samples: Indenture (Etoys Inc), Indenture (Etoys Inc)
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected not more than 30 days prior to the Redemption Date by the Trustee within five Business Days after it receives the notice described in 11.3Trustee, from the Outstanding Securities not previously called for redemption, by pro rata selection, by lot such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions (equal to $1,000 or otherwise in accordance with the procedures an integral multiple thereof) of the Depositaryprincipal amount of Securities of a denomination larger than $1,000. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that which have been converted during a selection of Securities to be redeemed may shall be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities Securities selected for redemption and, in the case of any the Securities selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 2 contracts
Samples: Reptron Electronics Inc, National Data Corp
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected by the Trustee within five Business Days after it receives the notice described in 11.3, from the Outstanding Securities not previously called for redemption, by pro rata selection, by lot or otherwise in accordance with such method as the procedures of the DepositaryTrustee may deem fair and appropriate. If any Registered Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that which have been converted during a selection of Securities to be redeemed may be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 2 contracts
Samples: Indenture (Cirrus Logic Inc), Indenture (Cirrus Logic Inc)
Selection by Trustee of Securities to Be Redeemed. If less than all In the case of any partial redemption, the Trustee will select the Securities for redemption in compliance with the requirements of the principal national securities exchange, if any, on which the Securities are to be redeemedlisted or, if the particular Securities to be redeemed shall be selected by the Trustee within five Business Days after it receives the notice described in 11.3are not listed, from the Outstanding Securities not previously called for redemption, by then on a pro rata selectionbasis, by lot or otherwise by such other method as the Trustee in accordance with the procedures its sole discretion will deem to be fair and appropriate, although no Security of the Depositary$1,000 in original principal amount or less will be redeemed in part. If any Security selected for partial redemption is converted to be redeemed in part before termination only, the notice of the conversion right with respect redemption relating to that Security will state the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) principal amount thereof to be redeemed. A new Security in principal amount equal to the unredeemed portion selected for redemption. Securities that have been converted during a selection thereof will be issued in the name of Securities to be redeemed may be treated by the Trustee as Outstanding for holder thereof upon cancellation of the purpose of such selectionoriginal Security. The Trustee shall promptly notify the Company and each Security Registrar Issuer in writing of the securities Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities Security which has been or is to be redeemed.
Appears in 2 contracts
Samples: Indenture (Hanover Compressor Co /), Hanover Compressor Co /
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee within five Business Days after it receives the notice described in 11.3Trustee, from the Outstanding Securities not previously called for redemption, by pro rata selection, by lot such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions (equal to $1,000 or otherwise in accordance with the procedures any integral multiple thereof) of the Depositaryprincipal amount of Securities of a denomination larger than $1,000. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that which have been converted during a selection of Securities to be redeemed may shall be treated by the Trustee as Outstanding outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 2 contracts
Samples: Sierra Health Services Inc, Intermagnetics General Corp
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected by the Trustee within five Business Days after it receives the actual receipt by a Responsible Officer of the Trustee the notice described in Section 11.3, from the Outstanding Securities not previously called for redemption, by on a pro rata selectionbasis, by lot or otherwise in accordance with by such other method as the procedures of the DepositaryTrustee may deem fair and appropriate. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that which have been converted during a selection of Securities to be redeemed may be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities Securities selected for redemption and, in the case of any Securities selected for partial redemption, the aggregate principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the aggregate principal amount of such Securities which has been or is to be redeemed.
Appears in 2 contracts
Samples: Collegiate Pacific Inc, Oil States International Inc
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemedredeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 45 days prior to the Redemption Date by the Trustee within five Business Days after it receives the notice described in 11.3Trustee, from the Outstanding Securities not previously called for redemption, by pro rata selection, by lot such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions (equal to $25 or otherwise in accordance with the procedures any integral multiple thereof) of the Depositary. If any Security selected for partial redemption is converted in part before termination principal amount of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that have been converted during a selection of Securities to be redeemed may be treated by the Trustee as Outstanding for the purpose of such selectionSecurities. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities Securities selected for redemption as aforesaid and, in the case of any Securities selected for partial redemptionredemption as aforesaid, the principal amount thereof to be redeemed. The provisions of the two preceding paragraphs shall not apply with respect to any redemption affecting only a single Security, whether such Security 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 Security shall be in an authorized denomination (which shall not be less than the minimum authorized denomination) for such Security. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 2 contracts
Samples: Walbro Capital Trust, Walbro Corp
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemedredeemed (other than pursuant to the fourth paragraph on the reverse of the form of Security in Section 2.2), the particular Securities to be redeemed shall be selected by the Trustee within five seven Business Days after it receives the notice described in 11.3, from the Outstanding Securities not previously called for redemption, by pro rata selection, by lot or otherwise in accordance with such method as the procedures of the DepositaryTrustee may deem fair and appropriate. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that which have been converted during a selection of Securities to be redeemed may be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Security Note Registrar in writing of the securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 2 contracts
Samples: Indenture (Cypress Semiconductor Corp /De/), Vantive Corp
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee within five Business Days after it receives the notice described in 11.3Trustee, from the Outstanding Securities not previously called for redemption, by pro rata selection, by lot such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions (equal to $1,000 or otherwise in accordance with the procedures any integral multiple thereof) of the Depositaryprincipal amount of Securities of a denomination larger than $1,000. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that which have been converted during a selection of Securities to be redeemed may shall be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 2 contracts
Samples: Dimon Inc, Cuc International Inc /De/
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected by the Trustee within five at least three Business Days after it receives prior to the date that the notice described in 11.3, Section 9.5 is given from the Outstanding Securities not previously called for redemption, by pro rata selection, redemption by lot or otherwise in accordance with such method as the procedures of the DepositaryTrustee may deem fair and appropriate. If any Registered Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that have been converted during a selection of Securities to be redeemed may be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount and certificate numbers thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which that has been or is to be redeemed.
Appears in 2 contracts
Samples: Cell Therapeutics Inc, Asm International N V
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemedredeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 45 days prior to the Redemption Date by the Trustee within five Business Days after it receives the notice described in 11.3Trustee, from the Outstanding Securities not previously called for redemption, by pro rata selection, by lot such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions (equal to $50 or otherwise in accordance with the procedures any integral multiple thereof) of the Depositary. If any Security selected for partial redemption is converted in part before termination principal amount of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that have been converted during a selection of Securities to be redeemed may be treated by the Trustee as Outstanding for the purpose of such selectionSecurities. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities Securities selected for redemption as aforesaid and, in the case of any Securities selected for partial redemptionredemption as aforesaid, the principal amount thereof to be redeemed. The provisions of the two preceding paragraphs shall not apply with respect to any redemption affecting only a single Security, whether such Security 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 Security shall be in an authorized denomination (which shall not be less than the minimum authorized denomination) for such Security. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 2 contracts
Samples: Purchase Agreement (Warnaco Group Inc /De/), Designer Holdings LTD
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected by the Trustee within five three Business Days after it receives the notice described in 11.312.3, from the Outstanding Securities not previously called for redemption, by pro rata selection, by lot or otherwise in accordance with such method as the procedures of the DepositaryTrustee may deem fair and appropriate. If any Registered Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that which have been converted during a selection of Securities to be redeemed may be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount and certificate numbers thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 2 contracts
Samples: Genesco Inc, Aspen Technology Inc /De/
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected by the Trustee within five three Business Days after it receives the notice described in 11.3Section 10.3, from the ------------ Outstanding Securities not previously called for redemption, by pro rata selection, by lot or otherwise in accordance with such method as the procedures of the DepositaryTrustee may deem fair and appropriate. If any Registered Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that which have been converted during a selection of Securities to be redeemed may be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount and certificate numbers thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 2 contracts
Samples: Indenture (Cor Therapeutics Inc / De), Siebel Systems Inc
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemedredeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee within five Business Days after it receives the notice described in 11.3Trustee, from the Outstanding Securities not previously called for redemption, by on a pro rata selectionbasis, by lot in portions equal to $50 (or otherwise in accordance with the procedures any integral multiple thereof) of the Depositary. If any Security selected for partial redemption is converted in part before termination principal amount of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that have been converted during a selection of Securities to be redeemed may be treated by the Trustee as Outstanding for the purpose of such selectionSecurities. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities Securities selected for redemption as aforesaid and, in the case of any Securities selected for partial redemptionredemption as aforesaid, the principal amount thereof to be redeemed. The provisions of the two preceding paragraphs shall not apply with respect to any redemption affecting only a single Security, whether such Security 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 Security shall be in an authorized denomination (which shall not be less than the minimum authorized denomination) for such Security. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which that has been or is to be redeemed.
Appears in 2 contracts
Samples: Fleetwood Capital Trust Iii, Fleetwood Enterprises Inc/De/
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected by the Trustee within five Business Days after it receives the notice described in 11.3, from the Outstanding Securities not previously called for redemption, by pro rata selection, by lot or by such other method as the Trustee may deem fair and appropriate or otherwise in accordance with the procedures of the Depositary. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that have been converted during a selection of Securities to be redeemed may be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 2 contracts
Samples: Hewitt Associates Inc, Exult Inc
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected by the Trustee within five Business Days after it receives the notice described in 11.3, from the Outstanding Securities not previously called for redemption, by pro rata selection, by lot or otherwise in accordance with by such other method as the procedures of the DepositaryTrustee may deem fair and appropriate. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that which have been converted during a selection of Securities to be redeemed may be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 1 contract
Samples: Connetics Corp
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected not less than 30 days or more than 60 days prior to the Redemption Date by the Trustee within five Business Days after it receives the notice described in 11.3Trustee, from the Outstanding Securities not previously called for redemption, by pro rata selection, by lot such method as the Trustee shall deem fair and appropriate in the circumstances and which may provide for the selection for redemption of portions (equal to $1,000 or otherwise in accordance with the procedures any integral multiple thereof) of the Depositaryprincipal amount of Securities of a denomination larger than $1,000. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that which have been converted during a selection of Securities to be redeemed may shall be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 1 contract
Samples: Indenture (Seacor Holdings Inc)
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected by the Trustee (in principal amounts of $1,000 or integral multiples thereof) within five Business Days after it receives the notice described in 11.3Section 4.4, from the Outstanding outstanding Securities not previously called for redemption, by pro rata selection, by lot or otherwise in accordance with by such other method as the procedures of the DepositaryTrustee may deem fair and appropriate. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that which have been converted during a selection of Securities to be redeemed may be treated by the Trustee as Outstanding outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 1 contract
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected by the Trustee within five Business Days after it receives the notice described in 11.3, from the Outstanding Securities not previously called for redemption, by pro rata selection, by lot or otherwise in accordance with by such other method as the procedures of the DepositaryTrustee may deem fair and appropriate. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that which have been converted during a selection of Securities to be redeemed may be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be -71- 79 redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 1 contract
Samples: Indenture (Redback Networks Inc)
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee within five Business Days after it receives the notice described in 11.3Trustee, from the Outstanding Securities not previously called for redemption, by pro rata selection, by lot or otherwise in accordance with the procedures of the Depositarylot. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that which have been converted during a selection of Securities to be redeemed may shall be treated by the Trustee as Outstanding for the purpose of such selection. In any case where more than one Security is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Security. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 1 contract
Samples: Indenture (Fuisz Technologies LTD)
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemed, the particular Securities or portions thereof to be redeemed shall be selected not more than 35 days prior to the Redemption Date by the Trustee within five Business Days after it receives the notice described in 11.3Trustee, from the Outstanding Securities not previously called for redemption, by pro rata selectionrata, by lot or otherwise such other method as the Trustee shall deem fair and reasonable, and the amounts to be redeemed may be equal to $1,000 of aggregate Principal Amount at Issuance or any integral multiple thereof. The Trustee shall promptly notify the Company and the Security Registrar in accordance with the procedures writing of the DepositarySecurities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Securities shall relate, in the case of any Security redeemed or to be redeemed only in part, to the portion of the Principal Amount at Issuance of such Security which has been or is to be redeemed. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that which have been converted during a selection of Securities to be redeemed may be treated by the Trustee as Outstanding outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 1 contract
Samples: Indenture (Jakks Pacific Inc)
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected by the Trustee within five Business Days after it receives the notice described in 11.3, from the Outstanding Securities not previously called for redemption, in principal amounts of $1,000 or whole multiples of $1,000 by pro rata selection, by lot or otherwise in accordance with the procedures of the Depositary. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that have been converted during a selection of Securities to be redeemed may be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 1 contract
Samples: Tia Indenture (Solectron Corp)
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemedredeemed (other than pursuant to the third paragraph on the reverse of the form of Security in Section 2.2), the particular Securities to be redeemed shall be selected by the Trustee within five seven Business Days after it receives the notice described in 11.3, from the Outstanding Securities not previously called for redemption, by pro rata selection, by lot or otherwise in accordance with such method as the procedures of the DepositaryTrustee may deem fair and appropriate. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that which have been converted during a selection of Securities to be redeemed may be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 1 contract
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected by the Trustee within five three Business Days after it receives the notice described in 11.3Section 10.3, from the Outstanding Securities not previously called for redemption, by pro rata selection, by lot or otherwise in accordance with such method as the procedures of the DepositaryTrustee may deem fair and appropriate. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that which have been converted during a selection of Securities to be redeemed may be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company Issuer and each Security Registrar in writing of the securities Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount and certificate numbers thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 1 contract
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected by the Trustee within five Business Days after it receives the notice described in Section 11.3, from the Outstanding Securities not previously called for redemption, by pro rata selection, by lot or otherwise in accordance with the procedures of the Depositary. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that have been converted during a selection of Securities to be redeemed may be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 1 contract
Samples: Indenture (Epix Medical Inc)
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected by the Trustee within five Business Days after it receives the notice described in 11.3, from the Outstanding Securities not previously called for redemption, by pro rata selection, by lot or otherwise in accordance with by such other method as the procedures of the DepositaryTrustee may deem fair and appropriate. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that have been converted during a selection of Securities to be redeemed may be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount and certificate numbers thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 1 contract
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected by the Trustee within five three Business Days after it receives the notice described in 11.3Section 10.03, from the Outstanding Securities not previously called for redemption, by pro rata selection, by lot or otherwise in accordance with such method as the procedures of the DepositaryTrustee may deem fair and appropriate. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that which have been converted during a selection of Securities to be redeemed may be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company Issuer and each Security Registrar in writing of the securities Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount and certificate numbers thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 1 contract
Samples: Indenture (Shire PLC)
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected by the Trustee within five three Business Days after it receives the notice described in Section 11.3, from the Outstanding Securities not previously called for redemption, by pro rata selection, by lot or otherwise in accordance with by such other method as the procedures of the DepositaryTrustee may deem fair and appropriate. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that which have been converted during a selection of Securities to be redeemed may be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount and certificate numbers thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 1 contract
Samples: Medarex Inc
Selection by Trustee of Securities to Be Redeemed. If less than all In the case of any partial redemption, the Trustee will select the Securities for redemption in compliance with the requirements of the principal national securities exchange, if any, on which the Securities are to be redeemedlisted or, if the particular Securities to be redeemed shall be selected by the Trustee within five Business Days after it receives the notice described in 11.3are not listed, from the Outstanding Securities not previously called for redemption, by then on a pro rata selectionbasis, by lot or otherwise by such other method as the Trustee in accordance with the procedures its sole discretion will deem to be fair and appropriate, although no Security of the Depositary$750 in original principal amount or less will be redeemed in part. If any Security selected for partial redemption is converted to be redeemed in part before termination only, the notice of the conversion right with respect redemption relating to that Security will state the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) principal amount thereof to be redeemed. A new Security in principal amount equal to the unredeemed portion selected for redemption. Securities that have been converted during a selection thereof will be issued in the name of Securities to be redeemed may be treated by the Trustee as Outstanding for holder thereof upon cancellation of the purpose of such selectionoriginal Security. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities Security which has been or is to be redeemed.
Appears in 1 contract
Samples: Callon Petroleum Co
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected by redeemed ratably in proportion to the Trustee within five Business Days after it receives the notice described respective unpaid principal amounts of each series in 11.3, from the Outstanding Securities not previously called for redemption, by pro rata selection, by lot portions (equal to $1,000 or otherwise in accordance with the procedures an integral multiple thereof) of the Depositaryprincipal amount of Securities of an amount larger than $1,000,000 for any single partial redemption. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that which have been converted during a selection of Securities to be redeemed may shall be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities Securities selected for redemption and, in the case of any the Securities selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 1 contract
Samples: Budget Group Inc
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemed, the particular Securities or portions thereof to be redeemed shall be selected not more than 35 days prior to the Redemption Date by the Trustee within five Business Days after it receives the notice described in 11.3Trustee, from the Outstanding Securities not previously called for redemption, by pro rata selectionrata, by lot or otherwise such other method as the Trustee shall deem fair and reasonable, and the amounts to be redeemed may be equal to $1,000 of aggregate Principal Amount at Issuance or any integral multiple thereof. The Trustee shall promptly notify the Company and the Security Registrar in accordance with the procedures writing of the DepositarySecurities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Securities shall relate, in the case of any Security redeemed or to be redeemed only in part, to the portion of the Principal Amount at Issuance of such Security which has been or is to be redeemed. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that which have been converted during a selection of Securities to be redeemed may be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 1 contract
Samples: WCHS Licensee LLC
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemedredeemed at any time, the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee within five Business Days after it receives the notice described in 11.3Trustee, from the Outstanding outstanding Securities not previously called for redemption, by on a pro rata selectionbasis, by lot or otherwise in accordance with by such other method as the procedures Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions of the Depositaryprincipal of the Securities equal to $1,000 or integral multiples thereof. The Trustee shall promptly notify the Company in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) deemed, to the fullest extent practicable, to be the portion selected for redemption. Securities that which have been converted during a selection of Securities to be redeemed redeemed, may be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities Security which has been or is to be redeemed.
Appears in 1 contract
Samples: PPL Corp
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee within five Business Days after it receives the notice described in 11.3Trustee, from the Outstanding Securities not previously called for redemption, by pro rata selection, by lot such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions (equal to $ 1,000 or otherwise in accordance with the procedures any integral multiple thereof) of the Depositaryprincipal amount of Securities of a denomination larger than $1,000. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that which have been converted during a selection of Securities to be redeemed may shall be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 1 contract
Samples: Indenture (Uromed Corp)
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected by the Trustee within five three Business Days after it receives the notice described in 11.3Section 10.3, from the Outstanding Securities not previously called for redemption, by pro rata selection, by lot or otherwise in accordance with such method as the procedures of the DepositaryTrustee may deem fair and appropriate. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that which have been converted during a selection of Securities to be redeemed may be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount and certificate numbers thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 1 contract
Samples: I2 Technologies Inc
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected by the Trustee within five seven Business Days after it receives the notice described in 11.3, from the Outstanding Securities not previously called for redemption, by pro rata selection, by lot or otherwise in accordance with such method as the procedures of the DepositaryTrustee may deem fair and appropriate. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that which have been converted during a selection of Securities to be redeemed may be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Security Note Registrar in writing of the securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 1 contract
Samples: Indenture (Veritas Software Corp)
Selection by Trustee of Securities to Be Redeemed. If less than ------------------------------------------------- all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected by the Trustee within five Business Days after it receives the notice described in 11.3, from the Outstanding Securities not previously called for redemption, by pro rata selection, by lot or otherwise in accordance with by such other method as the procedures of the DepositaryTrustee may deem fair and appropriate. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that which have been converted during a selection of Securities to be redeemed may be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 1 contract
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemedredeemed (other than pursuant to the fourth paragraph on the reverse of the form of Security in Section 2.2), the particular Securities to be redeemed shall be selected by the Trustee within five seven Business Days after it receives the notice described in 11.3, from the Outstanding Securities not previously called for redemption, by pro rata selection, by lot or otherwise in accordance with such method as the procedures of the DepositaryTrustee may deem fair and appropriate. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that which have been converted during a selection of Securities to be redeemed may be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company Issuer and each Security Registrar in writing of the securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 1 contract
Samples: Indenture (Wind River Systems Inc)
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected by the Trustee within five Business Days after it receives the notice described in 11.3, from the Outstanding Securities not previously called for redemption, by pro rata selection, by lot or otherwise in accordance with by such other method as the procedures of the DepositaryTrustee may deem fair and appropriate. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that which have been converted during a selection of Securities to be redeemed may be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 1 contract
Samples: Cogent Communications Group Inc
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected by the Trustee within five Business Days after it receives the actual receipt by a Responsible Officer of the Trustee of the notice described in 11.3, Section 11.3 from the Outstanding Securities not previously called for redemption, by on a pro rata selectionbasis, by lot or otherwise in accordance with by such other method as the procedures of the DepositaryTrustee may deem fair and appropriate. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that which have been converted during a selection of Securities to be redeemed may be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities Securities selected for redemption and, in the case of any Securities selected for partial redemption, the aggregate principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the aggregate principal amount of such Securities which has been or is to be redeemed.
Appears in 1 contract
Samples: Privatebancorp, Inc
Selection by Trustee of Securities to Be Redeemed. If less than all In the case of any partial redemption, the Trustee will select the Securities for redemption in compliance with the requirements of the principal national securities exchange, if any, on which the Securities are to be redeemedlisted or, if the particular Securities to be redeemed shall be selected by the Trustee within five Business Days after it receives the notice described in 11.3are not listed, from the Outstanding Securities not previously called for redemption, by then on a pro rata selectionbasis, by lot or otherwise by such other method as the Trustee in accordance with the procedures its sole discretion will deem to be fair and appropriate, although no Security of the Depositary$1,000 in original principal amount or less will be redeemed in part. If any Security selected for partial redemption is converted to be redeemed in part before termination only, the notice of the conversion right with respect redemption relating to that Security will state the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) principal amount thereof to be redeemed. A new Security in principal amount equal to the unredeemed portion selected for redemption. Securities that have been converted during a selection thereof will be issued in the name of Securities to be redeemed may be treated by the Trustee as Outstanding for holder thereof upon cancellation of the purpose of such selectionoriginal Security. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities Security which has been or is to be redeemed.
Appears in 1 contract
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected by the Trustee within five at least three Business Days after it receives prior to the date that the notice described in 11.3, Section 9.5 is ----------- given from the Outstanding Securities not previously called for redemption, by pro rata selection, redemption by lot or otherwise in accordance with such method as the procedures of the DepositaryTrustee may deem fair and appropriate. If any Registered Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that have been converted during a selection of Securities to be redeemed may be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount and certificate numbers thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which that has been or is to be redeemed.
Appears in 1 contract
Samples: Cell Therapeutics Inc
Selection by Trustee of Securities to Be Redeemed. If less than all In the case of any partial redemption, selection of the Securities for redemption will be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which the Securities are to be redeemedlisted or, if the particular Securities to be redeemed shall be selected by the Trustee within five Business Days after it receives the notice described in 11.3are not listed, from the Outstanding Securities not previously called for redemption, by then on a pro rata selectionbasis, by lot or otherwise by such other method as the Trustee in accordance its sole discretion shall deem to be fair and appropriate, subject to applicable DTC procedures with the procedures respect to Global Securities, although no Security of the Depositary$2,000 in original principal amount or less shall be redeemed in part. If any Security selected for partial redemption is converted to be redeemed in part before termination only, the notice of the conversion right with respect redemption relating to such note shall state the portion of the principal amount thereof to be redeemed. A new Security so selected, in principal amount equal to the converted unredeemed portion of such Security thereof shall be deemed (so far as may be) to be issued in the portion selected for redemption. Securities that have been converted during a selection name of Securities to be redeemed may be treated by the Trustee as Outstanding for Holder thereof upon cancellation of the purpose of such selectionoriginal Security. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities Security which has been or is to be redeemed.
Appears in 1 contract
Samples: Indenture (Brunswick Corp)
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee within five Business Days after it receives the notice described in 11.3Trustee, from the Outstanding Securities not previously called for redemption, by lot, or, in the Trustee's discretion, on a pro rata selection, by lot or otherwise in accordance with the procedures of the Depositarybasis. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that which have been converted during a selection of Securities to be redeemed may shall be treated by the Trustee as Outstanding for the purpose of such selection. In any case where more than one Security is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Security. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 1 contract
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected by the Trustee within five Business Days after it receives the notice described in 11.3, from the Outstanding Securities not previously called for redemption, by lot, on a pro rata selection, basis or by lot or otherwise in accordance with another method the procedures of the DepositaryTrustee considers appropriate. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that have been converted during a selection of Securities to be redeemed may be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount and certificate numbers thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 1 contract
Samples: Bowne & Co Inc
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemedredeemed (other than pursuant to the third paragraph on the reverse of the form of Security in Section 2.2), the particular Securities to be redeemed shall be selected by the Trustee within five two Business Days after it receives the notice described in 11.3, from the Outstanding Securities not previously called for redemption, by pro rata selection, by lot or otherwise in accordance with such method as the procedures of the DepositaryTrustee may deem fair and appropriate. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that which have been converted during a selection of Securities to be redeemed may be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company Issuer and the Guarantor and each Security Registrar in writing of the securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 1 contract
Samples: Atmel Corp
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected by the Trustee within five two Business Days after it receives the notice described in 11.3, from the Outstanding Securities not previously called for redemption, redemption by pro rata selection, by lot or otherwise in accordance with such method as the procedures of the DepositaryTrustee may deem fair and appropriate. If any Registered Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that which have been converted during a selection of Securities to be redeemed may be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 1 contract
Samples: Indenture (Alcatel Usa Inc)
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected by the Trustee within five Business Days after it receives the notice described in 11.3, from the Outstanding Securities not previously called for redemption, by on a pro rata selectionbasis, by lot or otherwise in accordance with by such other method as the procedures of the DepositaryTrustee may deem fair and appropriate. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that which have been converted during a selection of Securities to be redeemed may be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities Securities selected for redemption and, in the case of any Securities selected for partial redemption, the aggregate principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the aggregate principal amount of such Securities which has been or is to be redeemed.
Appears in 1 contract
Samples: Indenture (Alesco Financial Inc)
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected by the Trustee within five 5 Business Days after it receives the notice described in 11.3, from the Outstanding Securities not previously called for redemption, by pro rata selection, by lot or otherwise in accordance with by such other method as the procedures of the DepositaryTrustee may deem fair and appropriate. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that have been converted during a selection of Securities to be redeemed may be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 1 contract
Samples: Realnetworks Inc
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected by the Trustee within five Business Days after it receives the notice described in 11.3, from the Outstanding Securities not previously called for redemption, by pro rata selection, principal amounts of $1,000 or integral multiples thereof by lot or otherwise in accordance with the procedures of the Depositaryon a pro rata basis. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that have been converted during a selection of Securities to be redeemed may be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 1 contract
Samples: Indenture (Reliant Resources Inc)
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected (in principal amounts of $1,000 or integral multiples thereof) by the Trustee on a pro rata basis, treating the Series A Securities and the Series B Securities as a single series within five Business Days after it receives the notice described in 11.3Section 4.2, from the Outstanding outstanding Securities not previously called for redemption, by pro rata selection, by lot or otherwise in accordance with the procedures of the Depositary. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that which have been converted during a selection of Securities to be redeemed may be treated by the Trustee as Outstanding outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities Securities selected for redemption pursuant to this Section 4.3 and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 1 contract
Samples: Registration Rights Agreement (Integrated Electrical Services Inc)
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities of any series are to be redeemed (unless all of the Securities of such series and of a specified tenor are to be redeemed), the particular Securities to be redeemed shall be selected by the Trustee within five Business Days after it receives the notice described in 11.3, from the Outstanding Securities not previously called for redemption, by pro rata selection, by lot or otherwise in accordance with the procedures of the Depositary. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that which have been converted during a selection of Securities to be redeemed may shall be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 1 contract
Samples: Nabors Industries Inc
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected not more than 30 days prior to the Redemption Date by the Trustee within five Business Days after it receives the notice described in 11.3Trustee, from the Outstanding Securities not previously called for redemption, by pro rata selection, by lot such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions (equal to $1,000 or otherwise in accordance with the procedures any integral multiple thereof) of the Depositaryprincipal amount of Securities of a denomination larger than $1,000. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that which have been converted during a selection of Securities to be redeemed may shall be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 1 contract
Samples: Indenture (Analog Devices Inc)
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected not more than 20 days prior to the Redemption Date by the Trustee within five Business Days after it receives the notice described in 11.3Trustee, from the Outstanding Securities not previously called for redemption, by pro rata selection, or by lot or otherwise in accordance with by such other method as the procedures Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions (equal to $50.00 or any integral multiple thereof) of the Depositaryprincipal amount of Securities of a denomination larger than $50.00. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that which have been converted during a selection of Securities to be redeemed may shall be treated by the Trustee as Outstanding for the purpose of such selectionselection but not for the purpose of the payment of the Redemption Price. The Trustee shall promptly notify the Company and each Security the Registrar in writing of the securities Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities Security which has been or is to be redeemed.
Appears in 1 contract
Samples: Loral Space & Communications LTD
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected by the Trustee within five two Business Days after it receives the notice described in 11.3, from the Outstanding Securities not previously called for redemption, by pro rata selection, by lot or otherwise in accordance with such method as the procedures of the DepositaryTrustee may deem fair and appropriate. If any Registered Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that which have been converted during a selection of Securities to be redeemed may be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 1 contract
Samples: Indenture (DSC Communications Corp)
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected by the Trustee within five three Business Days after it receives the notice described in 11.3Section 10.3, from the Outstanding Securities not previously called for redemption, by pro rata selectionrata, by lot or otherwise by such method as the Trustee may deem fair and appropriate and, with respect to any Global Security, in accordance with the applicable procedures of the DepositaryDTC. The Trustee may select for redemption portions of the principal of Securities that have denominations larger than $1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that which have been converted during a selection of Securities to be redeemed may be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount and certificate numbers thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 1 contract
Samples: Indenture (Drdgold LTD)
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected not more than 45 days prior to the Redemption Date by the Trustee within five Business Days after it receives the notice described in 11.3Trustee, from the Outstanding Securities not previously called for redemption, by pro rata selection, by lot or otherwise in accordance with the procedures of the Depositarylot. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that which have been converted during a selection of Securities to be redeemed may shall be treated by the Trustee as Outstanding for the purpose of such selection. In any case where more than one Security is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Security. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 1 contract
Samples: Res Care Inc /Ky/
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected by the Trustee within five three Business Days after it receives the notice described in 11.3, Section 9.3 from the Outstanding Securities not previously called for redemption, redemption by pro rata selection, by lot or otherwise in accordance with such method as the procedures of the DepositaryTrustee may deem fair and appropriate. If any Registered Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that have been converted during a selection of Securities to be redeemed may be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount and certificate numbers thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which that has been or is to be redeemed.
Appears in 1 contract
Selection by Trustee of Securities to Be Redeemed. 71- If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected by the Trustee within five Business Days after it receives the notice described in 11.3, from the Outstanding Securities not previously called for redemption, by pro rata selection, by lot or otherwise in accordance with by such other method as the procedures of the DepositaryTrustee may deem fair and appropriate. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that which have been converted during a selection of Securities to be redeemed may be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 1 contract
Samples: Extreme Networks Inc
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee within five Business Days after it receives the notice described in 11.3Trustee, from the Outstanding Securities not previously called for redemption, by pro rata selection, by lot such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions (equal to $1,000 or otherwise in accordance with the procedures any integral multiple thereof) of the Depositaryprincipal amount of Securities of a denomination larger than $1,000. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that which have been converted during a selection of Securities to be redeemed may shall be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the 66 portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 1 contract
Selection by Trustee of Securities to Be Redeemed. If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected by the Trustee within five Business Days after it receives the notice described in Section 11.3, from the Outstanding Securities not previously called for redemption, by pro rata selection, by lot or otherwise in accordance with by such other method as the procedures of the DepositaryTrustee may deem fair and appropriate. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities that which have been converted during a selection of Securities to be redeemed may be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and each Security Registrar in writing of the securities Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 1 contract
Samples: Priceline Com Inc