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

Selection by Trustee of Senior Notes to Be Redeemed. The Trustee shall select the Senior Notes to be redeemed, if the Senior Notes are then listed on a national securities exchange, in accordance with the rules of such exchange or, if the Senior Notes are not so listed, either on a pro rata basis or by lot, or such other method as the Trustee in its sole discretion shall deem fair and appropriate; provided that, in the case of a redemption pursuant to paragraph 5 and 7 of the Senior Notes, the Trustee shall select the Senior Notes only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to procedures of the Depository). The Trustee shall promptly notify the Company of the Senior Notes selected for redemption and, in the case of any Senior Notes selected for partial redemption, the principal amount thereof to be redeemed. The Trustee may select for redemption portions of the principal of the Senior Notes that have denominations larger than $1,000. Senior Notes and portions thereof the Trustee selects shall be redeemed in amounts of $1,000 or whole multiples of $1,000. For all purposes of this Indenture unless the context otherwise requires, provisions of this Indenture that apply to Senior Notes called for redemption also apply to portions of Senior Notes called for redemption. In the event the Company is requested to make a Change of Control Offer or Offer to Purchase and the amounts available for any such offer is not evenly divisible by $1,000, the Trustee shall promptly refund to the Company any remaining funds, which in no event shall exceed $1,000.

Selection by Trustee of Senior Notes to Be Redeemed. The Trustee shall select If less than all of the Senior Notes are to be redeemed, the particular Senior Notes or portions thereof to be redeemed shall be selected not more than 60 days and not less than 30 days prior to the Redemption Date by the Trustee, from the Outstanding Senior Notes not previously called for redemption on a pro rata basis, by lot or by any other method the Trustee shall deem fair and appropriate and in compliance with the requirements of such principal national securities exchange, if any, on which the Senior Notes are then listed on a national securities exchange, in accordance with the rules of such exchange or, if the Senior Notes are not so listed, either on a pro rata basis basis, by lot or by lot, or such any other method as the Trustee in its sole discretion shall deem fair and appropriate; , provided that, in that the case of a redemption pursuant amounts to paragraph 5 and 7 of the Senior Notes, the Trustee be redeemed shall select the Senior Notes only on a pro rata basis be equal to $1,000 or on as nearly a pro rata basis as is practicable (subject to procedures of the Depository)any integral multiple thereof. The Trustee shall promptly notify the Company Issuer and the Senior Note Registrar in writing of the Senior Notes selected for redemption and, in the case of any Senior Notes selected for partial redemption, the principal amount thereof to be redeemed. The Trustee may select for redemption portions of the principal of the Senior Notes that have denominations larger than $1,000. Senior Notes and portions thereof the Trustee selects shall be redeemed in amounts of $1,000 or whole multiples of $1,000. For all purposes of this Indenture Indenture, unless the context otherwise requires, all provisions of this Indenture that apply relating to Senior Notes called for redemption also apply to portions of Senior Notes called for redemption. In shall relate, in the event the Company is requested case of any Senior Note redeemed or to make a Change of Control Offer or Offer to Purchase and the amounts available for any such offer is not evenly divisible by $1,000be redeemed only in part, the Trustee shall promptly refund to the Company any remaining funds, portion of the principal amount of such Senior Note which in no event shall exceed $1,000has been or is to be redeemed.

Selection by Trustee of Senior Notes to Be Redeemed. The Trustee shall select the Senior Notes to be redeemed, if If the Senior Notes are then listed on a national securities exchangeregistered in the name of only one Holder, in accordance with the rules of such exchange or, if the Senior Notes are not so listed, either on a any partial redemptions shall be pro rata basis or by lot, or such other method as the Trustee in its sole discretion shall deem fair and appropriaterata; provided that, in the case of any such Holder which is a Depositary or a nominee thereof, nothing in this sentence shall affect the right of such Depositary to select for redemption pursuant to paragraph 5 and 7 the positions held by its participants in accordance with the Applicable Procedures of the Senior Notes, the Trustee shall select such Depositary. If the Senior Notes only on a are held in definitive form by more than one Holder and if less than all the Senior Notes of any series are to be redeemed, the particular Senior Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Senior Notes of such series not previously called for redemption, pro rata basis rata, by lot or on as nearly a pro rata basis as is practicable by such other method in accordance with the applicable Depositary’s policies and procedures and which may provide for the selection for redemption of portions (subject equal to procedures the minimum authorized denomination for Senior Notes of that series or any integral multiple thereof) of the Depository)principal amount of Senior Notes of such series of a denomination larger than the minimum authorized denomination for Senior Notes of that series. The Trustee shall promptly notify the Company Issuer in writing of the Senior Notes selected for redemption and, in the case of any Senior Notes selected for partial redemption, the principal amount thereof to be redeemed. The Trustee may select If any Senior Note selected for partial redemption portions is converted in part before termination of the principal conversion right with respect to the portion of the Senior Notes that have denominations larger than $1,000Note so selected, the converted portion of such Senior Note shall be deemed (so far as may be) to be the portion selected for redemption. Senior Notes and portions thereof which have been converted during a selection of securities to be redeemed shall be treated by the Trustee selects shall be redeemed in amounts as Outstanding for the purpose of $1,000 or whole multiples of $1,000such selection. For all purposes of this Indenture Indenture, unless the context otherwise requires, all provisions of this Indenture that apply relating to Senior Notes called for the redemption also apply to portions of Senior Notes called for redemption. In shall relate, in the event the Company is requested case of any Senior Notes redeemed or to make a Change of Control Offer or Offer to Purchase and the amounts available for any such offer is not evenly divisible by $1,000be redeemed only in part, the Trustee shall promptly refund to the Company any remaining funds, portion of the principal amount of such Senior Notes which in no event shall exceed $1,000has been or is to be redeemed.

Selection by Trustee of Senior Notes to Be Redeemed. The Trustee shall select If less than all of the Senior Notes of any Series are to be redeemed or if less than all of the Senior Notes of any Series with Equivalent Terms are to be redeemed, the particular Senior Notes to be redeemed, if redeemed will be selected not more than 45 days prior to the Redemption Date by the Trustee from the Outstanding Senior Notes are then listed on a national securities exchange, in accordance with the rules of such exchange or, if Series or from the Outstanding Senior Notes are of such Series with Equivalent Terms, as the case may be, not so listedpreviously called for redemption unless otherwise required by law or applicable depositary requirements, either on a pro rata basis or by lot, lot or such other method as the Trustee in its sole discretion shall will deem fair and appropriateappropriate and which may provide for the selection for redemption of portions of the principal amount of Senior Notes of such Series; provided thatprovided, in however, that no such partial redemption will reduce the case portion of the principal amount of a redemption pursuant Senior Note of such Series not redeemed to paragraph 5 and 7 less than the minimum denomination for a Senior Note of the Senior Notes, the Trustee shall select the Senior Notes only on a pro rata basis such Series established in or on as nearly a pro rata basis as is practicable (subject to procedures of the Depository)under this Indenture. The Trustee shall will promptly notify the Company and the Registrar (if other than itself) in writing of the Senior Notes selected for redemption and, in the case of any Senior Notes selected for partial redemption, the principal amount thereof to be redeemed. The Trustee may select for redemption portions of the principal of the Senior Notes that have denominations larger than $1,000. Senior Notes and portions thereof the Trustee selects shall be redeemed in amounts of $1,000 or whole multiples of $1,000. For all purposes of this Indenture Indenture, unless the context otherwise requires, all provisions of this Indenture that apply relating to Senior Notes called for the redemption also apply to portions of Senior Notes called will relate, in the case of any Senior Notes redeemed or to be redeemed only in part, to the portion of the principal of such Senior Notes which has been or is to be redeemed. Unless otherwise specified in or under this Indenture or the Senior Notes of any Series, if any Senior Note selected for partial redemption is converted or exchanged for Common Stock or other securities or property in part before termination of the conversion or exchange right with respect to the portion of the Senior Note so selected, the converted or exchange portion of such Senior Note will be deemed (so far as may be) to be the portion selected for redemption. In the event the Company is requested Senior Notes which have been converted or exchanged during a selection of Senior Notes to make a Change of Control Offer or Offer to Purchase and the amounts available for any such offer is not evenly divisible be redeemed will be treated by $1,000, the Trustee shall promptly refund to as Outstanding for the Company any remaining funds, which in no event shall exceed $1,000purpose of such selection.

Selection by Trustee of Senior Notes to Be Redeemed. The Trustee shall select If --------------------------------------------------- less than all of the Senior Notes are to be redeemed, the particular Senior Notes or portions thereof to be redeemed shall be selected not more than 60 days and not less than 30 days prior to the Redemption Date by the Trustee, from the Outstanding Senior Notes not previously called for redemption on a pro rata basis, by lot or by any other method the Trustee shall deem fair and appropriate and in compliance with the requirements of such principal national securities exchange, if any, on which the Senior Notes are then listed on a national securities exchange, in accordance with the rules of such exchange or, if the Senior Notes are not so listed, either on a pro rata basis basis, by lot or by lot, or such any other method as the Trustee in its sole discretion shall deem fair and appropriate; , provided that, in that the case of a redemption pursuant amounts to paragraph 5 and 7 of the Senior Notes, the Trustee be redeemed shall select the Senior Notes only on a pro rata basis be equal to $1,000 or on as nearly a pro rata basis as is practicable (subject to procedures of the Depository)any integral multiple thereof. The Trustee shall promptly notify the Company Issuer, the Custodian and the Senior Note Registrar in writing of the Senior Notes selected for redemption and, in the case of any Senior Notes selected for partial redemption, the principal amount thereof to be redeemed. The Trustee may select for redemption portions of the principal of the Senior Notes that have denominations larger than $1,000. Senior Notes and portions thereof the Trustee selects shall be redeemed in amounts of $1,000 or whole multiples of $1,000. For all purposes of this Indenture Indenture, unless the context otherwise requires, all provisions of this Indenture that apply relating to Senior Notes called for redemption also apply to portions of Senior Notes called for redemption. In shall relate, in the event the Company is requested case of any Senior Note redeemed or to make a Change of Control Offer or Offer to Purchase and the amounts available for any such offer is not evenly divisible by $1,000be redeemed only in part, the Trustee shall promptly refund to the Company any remaining funds, portion of the principal amount of such Senior Note which in no event shall exceed $1,000has been or is to be redeemed.

Selection by Trustee of Senior Notes to Be Redeemed. The Trustee shall select the Senior Notes to be redeemed, if If the Senior Notes are then listed on a national securities exchangeregistered in the name of only one Holder, in accordance with the rules of such exchange or, if the Senior Notes are not so listed, either on a any partial redemptions shall be pro rata basis or by lot, or such other method as the Trustee in its sole discretion shall deem fair and appropriaterata; provided that, in the case of any such Holder which is a Depositary or a nominee thereof, nothing in this sentence shall affect the right of such Depositary to select for redemption pursuant to paragraph 5 and 7 the positions held by its participants in accordance with the Applicable Procedures of such Depositary. If the Senior NotesNotes are held in definitive form by more than one Holder and if less than all the Senior Notes of any series are to be redeemed, the particular Senior Notes to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Senior Notes of such series not previously called for redemption, pro rata, by lot or by such other method as the Trustee shall select deem fair and appropriate and which may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Senior Notes only on a pro rata basis of that series or on as nearly a pro rata basis as is practicable (subject to procedures any integral multiple thereof) of the Depository)principal amount of Senior Notes of such series of a denomination larger than the minimum authorized denomination for Senior Notes of that series. The Trustee shall promptly notify the Company Issuer in writing of the Senior Notes selected for redemption and, in the case of any Senior Notes selected for partial redemption, the principal amount thereof to be redeemed. The Trustee may select If any Senior Note selected for partial redemption portions is converted in part before termination of the principal conversion right with respect to the portion of the Senior Notes that have denominations larger than $1,000Note so selected, the converted portion of such Senior Note shall be deemed (so far as may be) to be the portion selected for redemption. Senior Notes and portions thereof which have been converted during a selection of securities to be redeemed shall be treated by the Trustee selects shall be redeemed in amounts as Outstanding for the purpose of $1,000 or whole multiples of $1,000such selection. For all purposes of this Indenture Indenture, unless the context otherwise requires, all provisions of this Indenture that apply relating to Senior Notes called for the redemption also apply to portions of Senior Notes called for redemption. In shall relate, in the event the Company is requested case of any Senior Notes redeemed or to make a Change of Control Offer or Offer to Purchase and the amounts available for any such offer is not evenly divisible by $1,000be redeemed only in part, the Trustee shall promptly refund to the Company any remaining funds, portion of the principal amount of such Senior Notes which in no event shall exceed $1,000has been or is to be redeemed.

Selection by Trustee of Senior Notes to Be Redeemed. The Trustee If the Senior Notes are registered in the name of only one Holder, any partial redemptions shall select be pro rata. If the Senior Notes are held in certificated form by more than one Holder and if less than all the Senior Notes of any series are to be redeemed, the particular Senior Notes to be redeemedredeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, if from the Outstanding Senior Notes are then listed on a national securities exchange, in accordance with the rules of such exchange orseries not previously called for redemption, if the Senior Notes are not so listed, either on a pro rata basis by lot or by lot, or other such other method as the Trustee in its sole discretion shall deem fair and appropriate; provided that, in appropriate and that may provide for the case selection for redemption of portions (equal to the minimum authorized denomination for Senior Notes of that series or any integral multiple thereof) of the principal amount of Senior Notes of such series of a redemption pursuant to paragraph 5 and 7 of denomination larger than the Senior Notes, the Trustee shall select the minimum authorized denomination for Senior Notes only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to procedures of the Depository)that series. The Trustee shall promptly notify the Company in writing of the Senior Notes selected for redemption and, in the case of any Senior Notes selected for partial redemption, the principal amount thereof to be redeemed. The Trustee may select for redemption portions of the principal of the Senior Notes that have denominations larger than $1,000. Senior Notes and portions thereof the Trustee selects shall be redeemed in amounts of $1,000 or whole multiples of $1,000. For all purposes of this Indenture Indenture, unless the context otherwise requires, all provisions of this Indenture that apply relating to Senior Notes called for the redemption also apply to portions of Senior Notes called for redemption. In shall relate, in the event the Company is requested case of any Senior Notes redeemed or to make a Change of Control Offer or Offer to Purchase and the amounts available for any such offer is not evenly divisible by $1,000be redeemed only in part, the Trustee shall promptly refund to the Company any remaining funds, which in no event shall exceed $1,000portion of the principal amount of such Senior Notes that has been or is to be redeemed.

Selection by Trustee of Senior Notes to Be Redeemed. The Trustee shall select If less than all of the Senior Notes are to be redeemed, the particular Senior Notes or portions thereof to be redeemed shall be selected not more than 60 days and not less than 30 days prior to the Redemption Date by the Trustee, from the Outstanding Senior Notes not previously called for redemption on a pro rata basis, by lot or by any other method the Trustee shall deem fair and appropriate and in compliance with the requirements of such principal national securities exchange, if any, on which the Senior Notes are then listed on a national securities exchange, in accordance with the rules of such exchange or, if the Senior Notes are not so listed, either on a pro rata basis basis, by lot or by lot, or such any other method as the Trustee in its sole discretion shall deem fair and appropriate; , provided that, in that the case of a redemption pursuant amounts to paragraph 5 and 7 of the Senior Notes, the Trustee be redeemed shall select the Senior Notes only on a pro rata basis be equal to $1,000 or on as nearly a pro rata basis as is practicable (subject to procedures of the Depository)any integral multiple thereof. The Trustee shall promptly notify the Company Issuer, the Custodian and the Senior Note Registrar in writing of the Senior Notes selected for redemption and, in the case of any Senior Notes selected for partial redemption, the principal amount thereof to be redeemed. The Trustee may select for redemption portions of the principal of the Senior Notes that have denominations larger than $1,000. Senior Notes and portions thereof the Trustee selects shall be redeemed in amounts of $1,000 or whole multiples of $1,000. For all purposes of this Indenture Indenture, unless the context otherwise requires, all provisions of this Indenture that apply relating to Senior Notes called for redemption also apply to portions of Senior Notes called for redemption. In shall relate, in the event the Company is requested case of any Senior Note redeemed or to make a Change of Control Offer or Offer to Purchase and the amounts available for any such offer is not evenly divisible by $1,000be redeemed only in part, the Trustee shall promptly refund to the Company any remaining funds, portion of the principal amount of such Senior Note which in no event shall exceed $1,000has been or is to be redeemed.

Selection by Trustee of Senior Notes to Be Redeemed. The Trustee shall select If less than all of the Senior Notes are to be redeemed, the particular Senior Notes or portions thereof to be redeemed shall be selected not more than 60 days and not less than 30 days prior to the Redemption Date by the Trustee, from the Outstanding Senior Notes not previously called for redemption on a pro rata basis, by lot or by any other method the Trustee shall deem fair and appropriate and in compliance with the requirements of such principal national securities exchange, if any, on which the Senior Notes are then listed on a national securities exchange, in accordance with the rules of such exchange or, if the Senior Notes are not so listed, either on a pro rata basis basis, by lot or by lot, or such any other method as the Trustee in its sole discretion shall deem fair and appropriate; provided that, in that the case of a redemption pursuant amounts to paragraph 5 and 7 of the Senior Notes, the Trustee be redeemed shall select the Senior Notes only on a pro rata basis be equal to at least $1,000 or on as nearly a pro rata basis as is practicable (subject to procedures of the Depository)any integral multiple thereof. The Trustee shall promptly notify the Company Issuer, DTC and the Registrar in writing of the Senior Notes selected for redemption and, in the case of any Senior Notes selected for partial redemption, the principal amount thereof to be redeemed. The Trustee may select for redemption portions of the principal of the Senior Notes that have denominations larger than $1,000. Senior Notes and portions thereof the Trustee selects shall be redeemed in amounts of $1,000 or whole multiples of $1,000. For all purposes of this Indenture Indenture, unless the context otherwise requires, all provisions of this Indenture that apply relating to Senior Notes called for redemption also apply to portions of Senior Notes called for redemption. In shall relate, in the event the Company is requested case of any Senior Note redeemed or to make a Change of Control Offer or Offer to Purchase and the amounts available for any such offer is not evenly divisible by $1,000be redeemed only in part, the Trustee shall promptly refund to the Company any remaining funds, portion of the principal amount of such Senior Note which in no event shall exceed $1,000has been or is to be redeemed.

Selection by Trustee of Senior Notes to Be Redeemed. The Trustee shall select If less than all of the Senior Notes of any Series are to be redeemed or if less than all of the Senior Notes of any Series with Equivalent Terms are to be redeemed, the particular Senior Notes to be redeemed, if redeemed will be selected not more than 45 days prior to the Redemption Date by the Trustee from the Outstanding Senior Notes are then listed on a national securities exchange, in accordance with the rules of such exchange or, if Series or from the Outstanding Senior Notes are of such Series with Equivalent Terms, as the case may be, not so listedpreviously called for redemption unless otherwise required by law or applicable depositary requirements, either on a pro rata basis or by lot, lot or such other method as the Trustee in its sole discretion shall will deem fair and appropriateappropriate and which may provide for the selection for redemption of portions of the principal amount of Senior Notes of such Series; provided thatprovided, in however, that no such partial redemption will reduce the case portion of the principal amount of a redemption pursuant Senior Note of such Series not redeemed to paragraph 5 and 7 less than the minimum denomination for a Senior Note of the Senior Notes, the Trustee shall select the Senior Notes only on a pro rata basis such Series established in or on as nearly a pro rata basis as is practicable (subject to procedures of the Depository)under this Indenture. The Trustee shall will promptly notify the Company and the Registrar (if other than itself) in writing of the Senior Notes selected for redemption and, in the case of any Senior Notes selected for partial redemption, the principal amount thereof to be redeemed. The Trustee may select for redemption portions of the principal of the Senior Notes that have denominations larger than $1,000. Senior Notes and portions thereof the Trustee selects shall be redeemed in amounts of $1,000 or whole multiples of $1,000. For all purposes of this Indenture Indenture, unless the context otherwise requires, all provisions of this Indenture that apply relating to Senior Notes called for the redemption also apply to portions of Senior Notes called will relate, in the case of any Senior Notes redeemed or to be redeemed only in part, to the portion of the principal of such Senior Notes which has been or is to be redeemed. Unless otherwise specified in or under this Indenture or the Senior Notes of any Series, if any Senior Note selected for partial redemption is converted or exchanged for Common Stock or other securities or property in part before termination of the conversion or exchange right with respect to the portion of the Senior Note so selected, the converted or exchanged portion of such Senior Note will be deemed (so far as may be) to be the portion selected for redemption. In the event the Company is requested Senior Notes which have been converted or exchanged during a selection of Senior Notes to make a Change of Control Offer or Offer to Purchase and the amounts available for any such offer is not evenly divisible be redeemed will be treated by $1,000, the Trustee shall promptly refund to as Outstanding for the Company any remaining funds, which in no event shall exceed $1,000purpose of such selection.

Selection by Trustee of Senior Notes to Be Redeemed. The Trustee shall select If less than all the Senior Notes are to be redeemed, the particular Senior Notes to be redeemed, if redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee from the Outstanding Senior Notes are then listed on a national securities exchange, in accordance with the rules of not previously called for redemption by such exchange or, if the Senior Notes are not so listed, either on a pro rata basis or by lot, or such other method as the Trustee in its sole discretion shall deem fair and appropriateappropriate and which may provide for the selection for redemption of portions of the principal of Senior Notes; provided thatPROVIDED, in HOWEVER, that no such partial redemption shall reduce the case portion of the principal amount of a redemption pursuant Senior Note not redeemed to paragraph 5 and 7 of the Senior Notes, the Trustee shall select the Senior Notes only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to procedures of the Depository)less than $1,000. The Trustee shall promptly notify the Company in writing of the Senior Notes selected for redemption and, in the case of any Senior Notes selected for partial redemption, the principal amount thereof to be redeemed. The Trustee may select for redemption portions of the principal of the Senior Notes that have denominations larger than $1,000. Senior Notes and portions thereof the Trustee selects shall be redeemed in amounts of $1,000 or whole multiples of $1,000. For all purposes of this Indenture Indenture, unless the context otherwise requires, all provisions of this Indenture that apply relating to Senior Notes called for redemption also apply to portions of Senior Notes called for redemption. In shall relate, in the event the Company is requested case of any Senior Note redeemed or to make a Change of Control Offer or Offer to Purchase and the amounts available for any such offer is not evenly divisible by $1,000be redeemed only in part, the Trustee shall promptly refund to the Company any remaining funds, portion of the principal amount of such Senior Note which in no event shall exceed $1,000has been or is to be redeemed.