Common use of Selection of Bonds to be Redeemed Clause in Contracts

Selection of Bonds to be Redeemed. If less than all the Bonds shall be called for redemption under any provision of this Indenture permitting such partial redemption, the particular Bonds or portions of Bonds to be redeemed shall be selected by the Trustee, in such manner as the Trustee in its discretion may deem proper, in the aggregate principal amount designated to the Trustee by the Company or otherwise as required by this Indenture; provided, however, that if, as indicated in a certificate of an Authorized Company Representative delivered to the Trustee, the Company shall have offered to purchase all Bonds then Outstanding and less than all such Bonds have been tendered to the Company for such purchase, the Trustee, at the direction of an Authorized Company Representative, shall select for redemption all such Bonds which shall not have been so tendered; and provided, further, that the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and that, in selecting Bonds for redemption, the Trustee shall treat each Bond as representing that number of Bonds which is obtained by dividing the principal amount of such Bond by $5,000. If it is determined that one or more, but not all, of the $5,000 units of principal amount represented by any such Bond is to be called for redemption, then, upon notice of intention to redeem such $5,000 unit or units, the Owner of such Bond shall forthwith surrender such Bond to the Paying Agent or any Co-Paying Agent for (y) payment to such Owner of the redemption price (including the redemption premium, if any, and accrued interest to the date fixed for redemption) of the $5,000 unit or units of principal amount called for redemption and (z) delivery to such Owner of a new Bond or Bonds in the aggregate principal amount of the unredeemed balance of the principal amount of any such Bond. Bonds representing the unredeemed balance of the principal amount of any such Bond shall be delivered to the Owner thereof, without charge therefor. If the Owner of any such Bond of a denomination greater than $5,000 shall fail to present such Bond to the Paying Agent or any Co-Paying Agent for payment and exchange as aforesaid, such Bond shall, nevertheless, become due and payable on the date fixed for redemption to the extent of the $5,000 unit or units of principal amount called for redemption (and to that extent only).

Appears in 4 contracts

Samples: Loan Agreement (Tucson Electric Power Co), Loan Agreement (Tucson Electric Power Co), Loan Agreement (Tucson Electric Power Co)

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Selection of Bonds to be Redeemed. If Unless otherwise provided in the Supplemental Indenture authorizing the issuance of Bonds of a Series, in the event of redemption of less than all of the Outstanding Bonds of like Series, maturity and tenor, the Trustee shall assign to each Outstanding Bond of the Series, maturity and tenor to be redeemed a distinctive number for each unit of the principal amount of such Bond equal to the lowest denomination in which the Bonds of such Series are authorized to be issued and shall select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to such Bonds as many numbers as, at such unit amount equal to the lowest denomination in which the Bonds of such Series are authorized to be called issued for redemption under any provision each number, shall equal the principal amount of this Indenture permitting such partial redemptionBonds to be redeemed. In making such selections the Trustee may draw the Bonds by lot (i) individually or (ii) by one or more groups, the particular grouping for the purpose of such drawing to be by serial numbers (or, in the case of Bonds of a denomination of more than the lowest denomination in which the Bonds of such Series are authorized to be issued, by the numbers assigned thereto as in this Section 4.04 provided) which end in the same digit or in the same two digits. In case, upon any drawing by groups, the total principal amount of Bonds drawn shall exceed the amount to be redeemed, the excess may be deducted from any group or groups so drawn in such manner as the Trustee may determine. The Trustee may in its discretion assign numbers to aliquot portions of Bonds and select part of any Bond for redemption. The Bonds to be redeemed shall be selected by the Trustee, in such manner as the Trustee in its discretion may deem proper, in the aggregate principal amount designated Bonds to the Trustee by the Company or otherwise as required by this Indenturewhich were assigned numbers so selected; provided, however, that if, as indicated in a certificate of an Authorized Company Representative delivered to the Trustee, the Company shall have offered to purchase all Bonds then Outstanding and less than all such Bonds have been tendered to the Company for such purchase, the Trustee, at the direction of an Authorized Company Representative, shall select for redemption all such Bonds which shall not have been only so tendered; and provided, further, that the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and that, in selecting Bonds for redemption, the Trustee shall treat each Bond as representing that number of Bonds which is obtained by dividing the principal amount of such Bond by $5,000. If it is determined that one or more, but not all, of the $5,000 units of principal amount represented by any such Bond is to be called for redemption, then, upon notice of intention to redeem such $5,000 unit or units, the Owner of such Bond shall forthwith surrender such Bond to the Paying Agent or any Co-Paying Agent for (y) payment to such Owner of the redemption price (including the redemption premium, if any, and accrued interest to the date fixed for redemption) of the $5,000 unit or units of principal amount called for redemption and (z) delivery to such Owner of a new Bond or Bonds in the aggregate principal amount of the unredeemed balance much of the principal amount of any such Bond. Bonds representing the unredeemed balance of the principal amount of any such Bond shall be delivered to the Owner thereof, without charge therefor. If the Owner of any each such Bond of a denomination greater of more than $5,000 the lowest denomination in which the Bonds of such Series are authorized to be issued shall fail be redeemed as shall equal the lowest denomination in which the Bonds of such Series are authorized to present be issued for each number assigned to it and so selected. For purposes of this Section 4.04, the lowest denomination in which a Capital Appreciation Bond is authorized to be issued shall be the lowest Accreted Value authorized to be due at maturity on such Bonds, and the lowest denomination in which a Deferred Income Bond is authorized to be issued shall be the Paying Agent or any Co-Paying Agent for payment and exchange as aforesaid, such Bond shall, nevertheless, become due and payable lowest Appreciated Value on the date fixed Interest Commencement Date authorized for redemption to the extent of the $5,000 unit or units of principal amount called for redemption (and to that extent only)such Bonds.

Appears in 3 contracts

Samples: Trust Indenture, Master Trust Indenture, Master Trust Indenture

Selection of Bonds to be Redeemed. If less than all the Bonds shall of any series, or any Tranche thereof, are to be called for redemption under any provision of this Indenture permitting such partial redemptionredeemed, the particular Bonds or portions of Bonds to be redeemed shall be selected by the TrusteeBond Registrar from the Outstanding Bonds of such series or Tranche not previously called for redemption, in by such manner method as the Trustee in its discretion may deem propershall be provided for any particular series or Tranche, or, in the aggregate absence of any such provision, by such method of random selection as the Bond Registrar shall deem fair and appropriate and which may, in any case, provide for the selection for redemption of portions (equal to the minimum authorized denomination for Bonds of such series or Tranche or any integral multiple thereof) of the principal amount designated to of Bonds of such series or Tranche having a denomination larger than the Trustee by the Company minimum authorized denomination for Bonds of such series or otherwise as required by this IndentureTranche; provided, however, that if, as indicated in a certificate of an Authorized Company Representative delivered to the TrusteeOfficer’s Certificate, the Company shall have offered to purchase all or any principal amount of the Bonds then Outstanding of any series, or any Tranche thereof, and less than all of such Bonds as to which such offer was made shall have been tendered to the Company for such purchase, the TrusteeBond Registrar, at the direction of an Authorized if so directed by Company RepresentativeOrder, shall select for redemption all or any principal amount of such Bonds which shall have not have been so tendered; and provided, further, that with respect to Global Bonds, the portion of any Bond Bonds to be redeemed shall be selected in accordance with the procedures of the Depositary. Except in the case of Global Bonds, the Bond Registrar shall promptly notify the Company and the Trustee in writing of the Bonds selected for redemption and, in the case of any Bonds selected to be redeemed in part, the principal amount thereof to be redeemed. For all purposes of $5,000 or some integral multiple thereof and thatthis Indenture, unless the context otherwise requires, all provisions relating to the redemption of Bonds shall relate, in selecting the case of any Bonds for redemptionredeemed or to be redeemed only in part, to the Trustee shall treat each Bond as representing that number portion of Bonds which is obtained by dividing the principal amount of such Bond by $5,000. If it is determined that one Bonds which has been or more, but not all, of the $5,000 units of principal amount represented by any such Bond is to be called for redemption, then, upon notice of intention to redeem such $5,000 unit or units, the Owner of such Bond shall forthwith surrender such Bond to the Paying Agent or any Co-Paying Agent for (y) payment to such Owner of the redemption price (including the redemption premium, if any, and accrued interest to the date fixed for redemption) of the $5,000 unit or units of principal amount called for redemption and (z) delivery to such Owner of a new Bond or Bonds in the aggregate principal amount of the unredeemed balance of the principal amount of any such Bond. Bonds representing the unredeemed balance of the principal amount of any such Bond shall be delivered to the Owner thereof, without charge therefor. If the Owner of any such Bond of a denomination greater than $5,000 shall fail to present such Bond to the Paying Agent or any Co-Paying Agent for payment and exchange as aforesaid, such Bond shall, nevertheless, become due and payable on the date fixed for redemption to the extent of the $5,000 unit or units of principal amount called for redemption (and to that extent only)redeemed.

Appears in 3 contracts

Samples: Indenture of Mortgage (PG&E Corp), Indenture of Mortgage (PG&E Corp), Indenture of Mortgage (PG&E Corp)

Selection of Bonds to be Redeemed. If Unless otherwise required by any Supplemental Agreement, in the event of redemption of less than all the Outstanding Bonds shall be called for redemption under any provision of this Indenture permitting such partial redemptionthe same Series and maturity, the particular Bonds or portions of Bonds thereof to be redeemed shall be selected by the Trustee, Trustee in such manner as the Trustee in its discretion may deem properfair, in the aggregate principal amount designated except that to the Trustee by the Company or otherwise as required by this Indenture; provided, however, that if, as indicated in a certificate of an Authorized Company Representative delivered to the Trusteeextent practicable, the Company Trustee shall have offered to purchase all select Bonds then for redemption such that no Bond remaining Outstanding and shall be of a denomination of less than $5,000. In the event of redemption of less than all such the Outstanding Bonds have been tendered of the same Series stated to the Company for such purchasemature on different dates, the Trustee, at the direction principal amount of an Authorized Company Representative, shall select for redemption all such Series of Bonds which shall not have been so tendered; and provided, further, that the portion of any Bond to be redeemed shall be applied in any order of maturity of the Outstanding Series of Bonds to be redeemed that the Authority may elect upon receipt of an opinion of Bond Counsel that such redemption would not result in the interest payable on such Bonds being included in gross income for federal income tax purposes to the Holders thereof under the Code. The portion of Bonds of any Series to be redeemed in part shall be in the principal amount of $5,000 the minimum authorized denomination thereof or some integral multiple thereof and thatand, in selecting Bonds of a particular Series for redemption, the Trustee shall treat each such Bond as representing that number of Bonds of such Series which is obtained by dividing the principal amount of such registered Bond by $5,000the minimum denomination (referred to below as a “unit”) then issuable rounded down to the integral multiple of such minimum denomination. If it is determined that one or more, but not all, of the $5,000 units of principal amount represented by any such Bond is to be called for redemption, then, upon notice of intention to redeem such $5,000 unit or units, the Owner Holder of such Bond shall forthwith surrender such Bond to the Paying Agent or any Co-Paying Agent Trustee for (ya) payment to such Owner Holder of the redemption price (including the redemption premium, if any, and accrued interest to the date fixed for redemption) of the $5,000 unit or units of principal amount called for redemption and (zb) delivery to such Owner Holder of a new Bond or Bonds of such Series in the aggregate unpaid principal amount of the unredeemed balance of the principal amount of any such Bond. New Bonds of the same Series and maturity representing the unredeemed balance of the principal amount of any such Bond shall be delivered issued to the Owner registered Holder thereof, without charge therefor. If the Owner Holder of any such Bond of a denomination greater than $5,000 a unit shall fail to present such Bond to the Paying Agent or any Co-Paying Agent Trustee for payment and exchange as aforesaid, such Bond shall, nevertheless, become due and payable on the date fixed for redemption to the extent of the $5,000 unit or units of principal amount called for redemption (and to that extent only).

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

Selection of Bonds to be Redeemed. If less than all of the Bonds are called for redemption, the Trustee shall select the Bonds or portions thereof in the amount of $5,000 or any integral multiple thereof (provided, however, that the unredeemed portion of any Bond redeemed in part shall be $100,000 or more) to be redeemed from the Bonds outstanding not previously called for redemption under any provision of this Indenture permitting such partial redemption, the particular Bonds or portions of Bonds to be redeemed shall be selected by the Trustee, lot in such manner as the Trustee in its discretion may deem proper, in the aggregate principal amount designated to the Trustee by the Company or otherwise as required by this Indenture; provided, however, that if, as indicated in a certificate and each $5,000 of an Authorized Company Representative delivered to the Trustee, the Company shall have offered to purchase all Bonds then Outstanding and less than all such Bonds have been tendered to the Company for such purchase, the Trustee, at the direction face value of an Authorized Company Representative, shall select for redemption all such Bonds which shall not have been so tendered; and provided, further, that the portion of any each Bond to be redeemed shall be in treated as a separate Bond for the principal amount purpose of $5,000 or some integral multiple thereof and that, in selecting Bonds for redemption, the Trustee shall treat each Bond as representing that number of Bonds which is obtained selection by dividing the principal amount of such Bond by $5,000lot. If it is determined that one or more, a portion but not all, all of the $5,000 units of principal amount represented by of any such Bond is to be called for redemption, then, upon notice of intention to redeem such $5,000 unit or unitsportion, the Owner owner of such Bond shall forthwith surrender such Bond to the Paying Agent or any Co-Paying Agent Trustee for (ya) payment to such Owner owner of the redemption price (including the redemption premium, if any, and accrued interest to the date fixed for redemption) of the $5,000 unit or units portion of principal amount called for redemption redemption, and (zb) delivery to such Owner owner of a new Bond or Bonds in the aggregate principal amount of the unredeemed balance portion of the principal amount of any such Bond. New Bonds representing the unredeemed balance portion of the principal amount of any such Bond shall be delivered issued to the Owner thereof, owner thereof without charge therefor. If the Owner owner of any such Bond of a denomination greater than $5,000 shall fail to present such Bond to the Paying Agent or any Co-Paying Agent Trustee for payment and exchange as aforesaid, such Bond shall, nevertheless, become due and payable on the date fixed for redemption to the extent of the $5,000 unit or units portion of principal amount called for redemption (and to that extent only)) and interest with respect to such portion will cease to accrue provided that funds for the redemption thereof are on deposit with the Trustee at that time. Anything herein to the contrary notwithstanding, Pledged Bonds, as defined in the Reimbursement Agreement, shall so long as the Bank is not in default with respect to its obligations under the Letter of Credit, be redeemed prior to any other Outstanding Bonds.

Appears in 2 contracts

Samples: Trust Indenture (First United Ethanol LLC), Trust Indenture (First United Ethanol LLC)

Selection of Bonds to be Redeemed. If less than all the Bonds shall of any series, or any Tranche thereof, are to be called for redemption under any provision of this Indenture permitting such partial redemptionredeemed, the particular Bonds or portions of Bonds to be redeemed shall be selected by the TrusteeBond Registrar from the Outstanding Bonds of such series or Tranche not previously called for redemption, in by such manner method as the Trustee in its discretion may deem propershall be provided for any particular series or Tranche, or, in the aggregate absence of any such provision, by such method of random selection as the Bond Registrar shall deem fair and appropriate and which may, in any case, provide for the selection for redemption of portions (equal to the minimum authorized denomination for Bonds of such series or Tranche or any integral multiple thereof) of the principal amount designated to of Bonds of such series or Tranche having a denomination larger than the Trustee by the Company minimum authorized denomination for Bonds of such series or otherwise as required by this IndentureTranche; provided, however, that if, as indicated in a certificate of an Authorized Company Representative delivered to the TrusteeOfficer's Certificate, the Company shall have offered to purchase all or any principal amount of the Bonds then Outstanding of any series, or any Tranche thereof, and less than all of such Bonds as to which such offer was made shall have been tendered to the Company for such purchase, the TrusteeBond Registrar, at the direction of an Authorized if so directed by Company RepresentativeOrder, shall select for redemption all or any principal amount of such Bonds which shall have not have been so tendered; . The Bond Registrar shall promptly notify the Company and providedthe Trustee in writing of the Bonds selected for redemption and, furtherin the case of any Bonds selected to be redeemed in part, that 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 Bonds shall relate, in the case of any Bonds redeemed or to be redeemed only in part, to the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and that, in selecting Bonds for redemption, the Trustee shall treat each Bond as representing that number of Bonds which is obtained by dividing the principal amount of such Bond by $5,000. If it is determined that one Bonds which has been or more, but not all, of the $5,000 units of principal amount represented by any such Bond is to be called for redemption, then, upon notice of intention to redeem such $5,000 unit or units, the Owner of such Bond shall forthwith surrender such Bond to the Paying Agent or any Co-Paying Agent for (y) payment to such Owner of the redemption price (including the redemption premium, if any, and accrued interest to the date fixed for redemption) of the $5,000 unit or units of principal amount called for redemption and (z) delivery to such Owner of a new Bond or Bonds in the aggregate principal amount of the unredeemed balance of the principal amount of any such Bond. Bonds representing the unredeemed balance of the principal amount of any such Bond shall be delivered to the Owner thereof, without charge therefor. If the Owner of any such Bond of a denomination greater than $5,000 shall fail to present such Bond to the Paying Agent or any Co-Paying Agent for payment and exchange as aforesaid, such Bond shall, nevertheless, become due and payable on the date fixed for redemption to the extent of the $5,000 unit or units of principal amount called for redemption (and to that extent only)redeemed.

Appears in 2 contracts

Samples: Security Agreement (Pacific Gas & Electric Co), Indenture of Mortgage (Pg&e Corp)

Selection of Bonds to be Redeemed. A redemption of Bonds shall be a redemption of the whole or of any part of the Bonds from any funds available for that purpose in a principal amount equal to an authorized denomination (so long as the principal amount not redeemed is an authorized denomination). If less than all Bonds shall be redeemed, the particular Bonds to be redeemed shall be chosen by the Trustee, or the Trustee shall direct the Registrar and Paying Agent to so choose, as hereinafter provided. If less than all the Bonds shall be called for redemption under any provision of this Indenture permitting such partial redemption, the particular Bonds or portions of Bonds to be redeemed shall be selected (a) first, from Bonds held or owned by or for the issuer of a Support Facility pursuant to any Support Facility, (b) second, from Bonds for which the Registrar and Paying Agent has received, prior to such selection, a Notice of Election to Tender requiring the Registrar and Paying Agent to purchase such Bonds on the date on which the Bonds being selected are to be redeemed and (c) third, from all other Bonds then Outstanding, by lot or on a pro rata basis by the Trustee or, upon direction of the Trustee, the Registrar and Paying Agent, in such manner as the Trustee or Registrar and Paying Agent in its discretion may deem proper, in the aggregate principal amount designated to the Trustee by the Company or otherwise as required by this Indenture; provided, however, that if, as indicated in a certificate of an Authorized Company Representative delivered to the Trustee, the Company shall have offered to purchase all Bonds then Outstanding and less than all such Bonds have been tendered to the Company for such purchase, the Trustee, at the direction of an Authorized Company Representative, shall select for redemption all such Bonds which shall not have been so tendered; and provided, further, that the portion of any Bond to be redeemed shall be in the principal amount of $5,000 100,000 or some any integral multiple thereof during a Commercial Paper Rate Period, a Daily Rate Period, a Weekly Rate Period or a Monthly Rate Period, $50,000 or any integral multiple thereof during an Auction Rate Period, or $5,000 or any integral multiple thereof at any other time and that, in selecting Bonds for redemption, the Trustee or Registrar and Paying Agent shall treat each Bond as representing that number of Bonds which is obtained by dividing the principal amount of such registered Bond in excess of $100,000 by $5,000100,000 during a Commercial Paper Rate Period, a Daily Rate Period, a Weekly Rate Period or a Monthly Rate Period, $50,000 during an Auction Rate Period, and $5,000 at any other time (such amounts being hereinafter referred to as the "applicable units of principal amount"). If it is determined that one or more, but not all, all of the $100,000, $50,000 or $5,000 units of principal amount represented by any such Bond is to be called for redemption, then, then upon notice of intention to redeem such $100,000, $50,000 or $5,000 unit or units, the Owner Holders of such Bond Bonds shall forthwith surrender such Bond Bonds to the Paying Agent or any Co-Registrar and Paying Agent for (y1) payment to such Owner of the redemption price (including the redemption premium, if any, and accrued interest to the date fixed for redemption) of the $100,000, $50,000 or $5,000 unit or units of principal amount called for redemption and (z2) delivery to such Owner of exchange for a new Bond or Bonds in of the aggregate principal amount of the unredeemed balance of the principal amount of any such Bond. Bonds representing the unredeemed balance of the principal amount of any such Bond shall be delivered to the Owner thereof, without charge thereforBonds. If the Owner Holders of any such Bond of a denomination greater than $100,000, $50,000 or $5,000 shall fail to present such Bond to the Registrar and Paying Agent or any Co-Paying Agent Agent, for payment and exchange as aforesaid, such Bond shall, nevertheless, become due and payable on the date fixed for redemption to the extent of the $100,000, $50,000 or $5,000 unit or units of principal amount called for redemption (and to that extent only).

Appears in 2 contracts

Samples: Trust Indenture (Consolidated Edison Co of New York Inc), Consolidated Edison Inc

Selection of Bonds to be Redeemed. A redemption of Bonds shall be a redemption of the whole or of any part of the Bonds from any funds available for that purpose in a principal amount equal to an authorized denomination (so long as the principal amount not redeemed is an authorized denomination). If less than all Bonds shall be redeemed, the particular Bonds to be redeemed shall be chosen by the Trustee, or the Trustee shall direct the Registrar and Paying Agent to so choose, as hereinafter provided. If less than all the Bonds shall be called for redemption under any provision of this Indenture permitting such partial redemption, the particular Bonds or portions of Bonds to be redeemed shall be selected (a) first, from Bonds held or owned by or for the issuer of a Support Facility pursuant to any Support Facility, (b) second, from Bonds for which the Registrar and Paying Agent has received, prior to such selection, a Notice of Election to Tender requiring the Registrar and Paying Agent to purchase such Bonds on the date on which the Bonds being selected are to be redeemed and (c) third, from all other Bonds then Outstanding, by lot or on a pro rata basis by the Trustee or, upon direction of the Trustee, the Registrar and Paying Agent, in such manner as the Trustee or Registrar and Paying Agent in its discretion may deem proper, in the aggregate principal amount designated to the Trustee by the Company or otherwise as required by this Indenture; provided, however, that if, as indicated in a certificate of an Authorized Company Representative delivered to the Trustee, the Company shall have offered to purchase all Bonds then Outstanding and less than all such Bonds have been tendered to the Company for such purchase, the Trustee, at the direction of an Authorized Company Representative, shall select for redemption all such Bonds which shall not have been so tendered; and provided, further, that the portion of any Bond to be redeemed shall be in the principal amount of $5,000 100,000 or some any integral multiple thereof during a Commercial Paper Rate Period, a Daily Rate Period, a Weekly Rate Period or a Monthly Rate Period, $25,000 or any integral multiple thereof during an Auction Rate Period, or $5,000 or any integral multiple thereof at any other time and that, in selecting Bonds for redemption, the Trustee or Registrar and Paying Agent shall treat each Bond as representing that number of Bonds which is obtained by dividing the principal amount of such registered Bond in excess of $100,000 by $5,000100,000 during a Commercial Paper Rate Period, a Daily Rate Period, a Weekly Rate Period or a Monthly Rate Period, $25,000 during an Auction Rate Period, and $5,000 at any other time (such amounts being hereinafter referred to as the "applicable units of principal amount"). If it is determined that one or more, but not all, all of the $100,000, $25,000 or $5,000 units of principal amount represented by any such Bond is to be called for redemption, then, then upon notice of intention to redeem such $100,000, $25,000 or $5,000 unit or units, the Owner Holders of such Bond Bonds shall forthwith surrender such Bond Bonds to the Paying Agent or any Co-Registrar and Paying Agent for (y1) payment to such Owner of the redemption price (including the redemption premium, if any, and accrued interest to the date fixed for redemption) of the $100,000, $25,000 or $5,000 unit or units of principal amount called for redemption and (z2) delivery to such Owner of exchange for a new Bond or Bonds in of the aggregate principal amount of the unredeemed balance of the principal amount of any such Bond. Bonds representing the unredeemed balance of the principal amount of any such Bond shall be delivered to the Owner thereof, without charge thereforBonds. If the Owner Holders of any such Bond of a denomination greater than $100,000, $25,000 or $5,000 shall fail to present such Bond to the Registrar and Paying Agent or any Co-Paying Agent Agent, for payment and exchange as aforesaid, such Bond shall, nevertheless, become due and payable on the date fixed for redemption to the extent of the $100,000, $25,000 or $5,000 unit or units of principal amount called for redemption (and to that extent only).

Appears in 1 contract

Samples: Consolidated Edison Inc

Selection of Bonds to be Redeemed. If In the event of redemption of less than all the Outstanding Bonds shall be called for redemption under any provision of this Indenture permitting such partial redemptionthe same Series and maturity, the particular Bonds or portions of Bonds thereof to be redeemed shall be selected by the Trustee, Trustee in such manner as the Trustee in its discretion may deem properfair, in the aggregate principal amount designated except that (i) Bonds of a Series to be redeemed from Sinking Fund Installments shall be redeemed by lot, and (ii) to the Trustee by the Company or otherwise as required by this Indenture; provided, however, that if, as indicated in a certificate of an Authorized Company Representative delivered to the Trusteeextent practicable, the Company Trustee shall have offered to purchase all select Bonds then Outstanding and of a Series for redemption such that no Bond of such Series shall be of a denomination of less than the Authorized Denomination for such Series of Bonds. In the event of redemption of less than all such the Outstanding Bonds have been tendered of the same Series stated to the Company for such purchasemature on different dates, the Trustee, at the direction principal amount of an Authorized Company Representative, shall select for redemption all such Series of Bonds which shall not have been so tendered; and provided, further, that the portion of any Bond to be redeemed shall be applied in inverse order of maturity of the Outstanding Series of Bonds to be redeemed and by lot within a maturity. The portion of Bonds of any Series to be redeemed in part shall be in the principal amount of $5,000 the minimum Authorized Denomination thereof or some integral multiple thereof and thatand, in selecting Bonds of a particular Series for redemption, the Trustee shall treat each such Bond as representing that number of Bonds of such Series which is obtained by dividing the principal amount of such registered Bond by $5,000the minimum Authorized Denomination thereof (referred to below as a “unit”) then issuable rounded down to the integral multiple of such minimum Authorized Denomination. If it is determined that one or more, but not all, of the $5,000 units of principal amount represented by any such Bond is to be called for redemption, then, upon notice of intention to redeem such $5,000 unit or units, the Owner Holder of such Bond shall forthwith surrender such Bond to the Paying Agent or any Co-Paying Agent Trustee for (ya) payment to such Owner Holder of the redemption price (including the redemption premium, if any, and accrued interest to the date fixed for redemption) Redemption Price of the $5,000 unit or units of principal amount called for redemption and (zb) delivery to such Owner Holder of a new Bond or Bonds of such Series in the aggregate unpaid principal amount of the unredeemed balance of the principal amount of any such Bond. New Bonds of the same Series and maturity representing the unredeemed balance of the principal amount of any such Bond shall be delivered issued to the Owner registered Holder thereof, without charge therefor. If the Owner Holder of any such Bond of a denomination greater than $5,000 a unit shall fail to present such Bond to the Paying Agent or any Co-Paying Agent Trustee for payment and exchange as aforesaid, such Bond shall, nevertheless, become due and payable on the date fixed for redemption to the extent of the $5,000 unit or units of principal amount called for redemption (and to that extent only).

Appears in 1 contract

Samples: Mortgage and Security Agreement (Acadia Realty Trust)

Selection of Bonds to be Redeemed. A redemption of Bonds shall be a redemption of the whole or of any part of the Bonds from any funds available for that purpose in a principal amount equal to an authorized denomination (so long as the principal amount not redeemed is an authorized denomination). If less than all Bonds shall be redeemed, the particular Bonds to be redeemed shall be chosen by the Trustee, or the Trustee shall direct the Registrar and Paying Agent to so choose, as hereinafter provided. If less than all the Bonds shall be called for redemption under any provision of this Indenture permitting such partial redemption, the particular Bonds or portions of Bonds to be redeemed shall be selected (a) first, from Bonds held or owned by or for the issuer of a Support Facility pursuant to any Support Facility, (b) second, from Bonds for which the Registrar and Paying Agent has received, prior to such selection, a Notice of Election to Tender requiring the Registrar and Paying Agent to purchase such Bonds on the date on which the Bonds being selected are to be redeemed and (c) third, from all other Bonds then Outstanding, by lot by the Trustee or, upon direction of the Trustee, in such manner as the Trustee in its discretion may deem proper, in the aggregate principal amount designated to the Trustee by lot by the Company or otherwise as required by this IndentureRegistrar and Paying Agent; provided, however, that if, as indicated in a certificate of an Authorized Company Representative delivered to the Trustee, the Company shall have offered to purchase all Bonds then Outstanding and less than all such Bonds have been tendered to the Company for such purchase, the Trustee, at the direction of an Authorized Company Representative, shall select for redemption all such Bonds which shall not have been so tendered; and provided, further, that the portion of any Bond to be redeemed shall be in the principal amount of $5,000 100,000 or some any integral multiple thereof during a Commercial Paper Rate Period, a Daily Rate Period, a Weekly Rate Period or a Monthly Rate Period, $25,000 or any integral multiple thereof during an Auction Rate Period, or $5,000 or any integral multiple thereof at any other time and that, in selecting Bonds for redemption, the Trustee or Registrar and Paying Agent shall treat each Bond as representing that number of Bonds which is obtained by dividing the principal amount of such registered Bond in excess of $100,000 by $5,000100,000 during a Commercial Paper Rate Period, a Daily Rate Period, a Weekly Rate Period or a Monthly Rate Period, $25,000 during an Auction Rate Period, and $5,000 at any other time (such amounts being hereinafter referred to as the "applicable units of principal amount"). If it is determined that one or more, but not all, all of the $100,000, $25,000 or $5,000 units of principal amount represented by any such Bond is to be called for redemption, then, then upon notice of intention to redeem such $100,000, $25,000 or $5,000 unit or units, the Owner Holders of such Bond Bonds shall forthwith surrender such Bond Bonds to the Paying Agent or any Co-Registrar and Paying Agent for (y1) payment to such Owner of the redemption price (including the redemption premium, if any, and accrued interest to the date fixed for redemption) of the $100,000, $25,000 or $5,000 unit or units of principal amount called for redemption and (z2) delivery to such Owner of exchange for a new Bond or Bonds in of the aggregate principal amount of the unredeemed balance of the principal amount of any such Bond. Bonds representing the unredeemed balance of the principal amount of any such Bond shall be delivered to the Owner thereof, without charge thereforBonds. If the Owner Holders of any such Bond of a denomination greater than $100,000, $25,000 or $5,000 shall fail to present such Bond to the Registrar and Paying Agent or any Co-Paying Agent Agent, for payment and exchange as aforesaid, such Bond shall, nevertheless, become due and payable on the date fixed for redemption to the extent of the $100,000, $25,000 or $5,000 unit or units of principal amount called for redemption (and to that extent only).

Appears in 1 contract

Samples: Amending and Supplementing the Indenture (Keyspan Corp)

Selection of Bonds to be Redeemed. A redemption of Bonds shall be a redemption of the whole or of any part of the Bonds from any funds available for that purpose in accordance with the provisions of this Agreement, provided, that there shall be no partial redemption of less than $100,000 or an integral multiple of $5,000 in excess of $100,000 in principal amount of Bonds during the Variable Rate Period and $5,000 in principal amount of Bonds during the Fixed Rate Period. If less than all the Bonds shall be called for redemption under any provision of this Indenture Agreement permitting such partial redemptionredemption other than Section 401(c)(ii) or 401(d), the particular Bonds or portions of Bonds to be redeemed shall be selected by the Trustee, in such manner as the Trustee in its discretion may deem proper, in the aggregate principal amount designated to the Trustee by the Company or otherwise as required by this Indenture; providedlottery, however, provided that if, as indicated in a certificate of an Authorized Company Representative delivered to the Trustee, the Company shall have offered to purchase all Bonds then Outstanding and less than all such if serial Bonds have been tendered issued after the exercise of the Option to the Company for such purchaseConvert, the Trusteeparticular Bonds to be redeemed shall be selected in the order of their maturities, at the direction of an Authorized Company Representative, shall select for redemption all such Bonds which shall not have been so tendered; and provided, further, (a) that the portion of any Bond to be redeemed shall be in the principal amount of $100,000, or an integral multiple of $5,000 in excess of $100,000 during the Variable Rate Period or $5,000 during the Fixed Rate Period or some integral multiple thereof and thereof, (b) that, in selecting Bonds for redemption, the Trustee shall treat each Bond as representing that number of Bonds which is obtained by dividing the principal amount of such Bond by $5,000100,000 or $5,000 as the case may be, and (c) that during the Variable Rate Period no partial redemption of a Bond may reduce the principal amount thereof to less than $100,000. If it is determined that one or more, but not all, of the $5,000 units of principal amount represented by any such Bond is to there shall be called for redemptionredemption less than all of a Bond, thenthe Issuer shall execute and deliver and the Bond Registrar shall authenticate, upon notice of intention to redeem such $5,000 unit or units, the Owner surrender of such Bond shall forthwith surrender such Bond Bond, and at the expense of the Borrower and without charge to the Paying Agent or any Co-Paying Agent owner thereof, for (y) payment to such Owner of the redemption price (including the redemption premium, if any, and accrued interest to the date fixed for redemption) of the $5,000 unit or units of principal amount called for redemption and (z) delivery to such Owner of a new Bond or Bonds in the aggregate principal amount of the unredeemed balance of the principal amount Bond so surrendered, Bonds of any such Bond. Bonds representing the unredeemed balance of the principal amount of any such Bond shall be delivered to the Owner thereof, without charge therefor. If the Owner of any such Bond of a denomination greater than $5,000 shall fail to present such Bond to the Paying Agent or any Co-Paying Agent for payment and exchange as aforesaid, such Bond shall, nevertheless, become due and payable on the date fixed for redemption to the extent of the $5,000 unit or units of principal amount called for redemption (and to that extent only)like series.

Appears in 1 contract

Samples: Loan and Security Agreement (Asc Holdings Inc)

Selection of Bonds to be Redeemed. If less than all the Bonds shall of any series are to be called for redemption under any provision of this Indenture permitting such partial redemptionredeemed, the particular Bonds or portions of Bonds to be redeemed shall be selected by the TrusteeBond Registrar from the Outstanding Bonds of such series not previously called for redemption, in by such manner method as the Trustee in its discretion may deem propershall be provided for any particular series, or, in the aggregate absence of any such provision, by such method of random selection as the Bond Registrar shall deem fair and appropriate and which may, in any case, provide for the selection for redemption of portions (equal to the minimum authorized denomination for Bonds of such series or any integral multiple thereof) of the principal amount designated to of Bonds of such series having a denomination larger than the Trustee by the Company or otherwise as required by this Indentureminimum authorized denomination for Bonds of such series; provided, however, that if, as indicated in a certificate of an Authorized Company Representative delivered to the TrusteeOfficer’s Certificate, the Company shall have offered to purchase all or any principal amount of the Bonds then Outstanding of any series, and less than all of such Bonds as to which such offer was made shall have been tendered to the Company for such purchase, the TrusteeBond Registrar, at the direction of an Authorized if so directed by Company RepresentativeOrder, shall select for redemption all or any principal amount of such Bonds which shall have not have been so tendered; . The Bond Registrar shall promptly notify the Company and providedthe Trustee in writing of the Bonds selected for redemption and, furtherin the case of any Bonds selected to be redeemed in part, that 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 Bonds shall relate, in the case of any Bonds redeemed or to be redeemed only in part, to the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and that, in selecting Bonds for redemption, the Trustee shall treat each Bond as representing that number of Bonds which is obtained by dividing the principal amount of such Bond by $5,000. If it is determined that one Bonds which has been or more, but not all, of the $5,000 units of principal amount represented by any such Bond is to be called for redemption, then, upon notice of intention to redeem such $5,000 unit or units, the Owner of such Bond shall forthwith surrender such Bond to the Paying Agent or any Co-Paying Agent for (y) payment to such Owner of the redemption price (including the redemption premium, if any, and accrued interest to the date fixed for redemption) of the $5,000 unit or units of principal amount called for redemption and (z) delivery to such Owner of a new Bond or Bonds in the aggregate principal amount of the unredeemed balance of the principal amount of any such Bond. Bonds representing the unredeemed balance of the principal amount of any such Bond shall be delivered to the Owner thereof, without charge therefor. If the Owner of any such Bond of a denomination greater than $5,000 shall fail to present such Bond to the Paying Agent or any Co-Paying Agent for payment and exchange as aforesaid, such Bond shall, nevertheless, become due and payable on the date fixed for redemption to the extent of the $5,000 unit or units of principal amount called for redemption (and to that extent only)redeemed.

Appears in 1 contract

Samples: Indenture (PACIFIC GAS & ELECTRIC Co)

Selection of Bonds to be Redeemed. If less than all the Bonds shall of any series, or any Tranche thereof, are to be called for redemption under any provision of this Indenture permitting such partial redemptionredeemed, the particular Bonds or portions of Bonds to be redeemed shall be selected by the TrusteeBond Registrar from the Outstanding Bonds of such series or Tranche not previously called for redemption, in by such manner method as the Trustee in its discretion may deem propershall be provided for any particular series or Tranche, or, in the aggregate absence of any such provision, by lot or by such method of random selection as the Bond Registrar shall deem fair and appropriate and which may, in any case, provide for the selection for redemption of portions (equal to the minimum authorized denomination for Bonds of such series or Tranche or any integral multiple thereof) of the principal amount designated to of Bonds of such series or Tranche having a denomination larger than the Trustee by the Company minimum authorized denomination for Bonds of such series or otherwise as required by this IndentureTranche; provided, however, that if, as indicated in a certificate of an Authorized Company Representative delivered to the TrusteeOfficer’s Certificate, the Company shall have offered to purchase all or any principal amount of the Bonds then Outstanding of any series, or any Tranche thereof, and less than all of such Bonds as to which such offer was made shall have been tendered to the Company for such purchase, the TrusteeBond Registrar, at the direction of an Authorized if so directed by Company RepresentativeOrder, shall select for redemption all or any principal amount of such Bonds which shall have not have been so tendered; and provided, further, that with respect to Global Bonds, the portion of any Bond Bonds to be redeemed shall be selected in accordance with the procedures of the Depositary. Except in the case of Global Bonds, the Bond Registrar shall promptly notify the Company and the Trustee in writing of the Bonds selected for redemption and, in the case of any Bonds selected to be redeemed in part, the principal amount thereof to be redeemed. For all purposes of $5,000 or some integral multiple thereof and thatthis Indenture, unless the context otherwise requires, all provisions relating to the redemption of Bonds shall relate, in selecting the case of any Bonds for redemptionredeemed or to be redeemed only in part, to the Trustee shall treat each Bond as representing that number portion of Bonds which is obtained by dividing the principal amount of such Bond by $5,000. If it is determined that one Bonds which has been or more, but not all, of the $5,000 units of principal amount represented by any such Bond is to be called for redemption, then, upon notice of intention to redeem such $5,000 unit or units, the Owner of such Bond shall forthwith surrender such Bond to the Paying Agent or any Co-Paying Agent for (y) payment to such Owner of the redemption price (including the redemption premium, if any, and accrued interest to the date fixed for redemption) of the $5,000 unit or units of principal amount called for redemption and (z) delivery to such Owner of a new Bond or Bonds in the aggregate principal amount of the unredeemed balance of the principal amount of any such Bond. Bonds representing the unredeemed balance of the principal amount of any such Bond shall be delivered to the Owner thereof, without charge therefor. If the Owner of any such Bond of a denomination greater than $5,000 shall fail to present such Bond to the Paying Agent or any Co-Paying Agent for payment and exchange as aforesaid, such Bond shall, nevertheless, become due and payable on the date fixed for redemption to the extent of the $5,000 unit or units of principal amount called for redemption (and to that extent only)redeemed.

Appears in 1 contract

Samples: Indenture of Mortgage (PG&E Corp)

Selection of Bonds to be Redeemed. If Unless otherwise provided in the Supplemental Indenture authorizing the issuance of Bonds of a Series, in the event of redemption of less than all of the Outstanding Bonds of like Series, maturity and tenor, the Trustee shall assign to each Outstanding Bond of the Series, maturity and tenor to be redeemed a distinctive number for each unit of the principal amount of such Bond equal to the lowest denomination in which the Bonds of such Series are authorized to be issued. The Trustee shall be called select the Bonds for redemption under any provision (i) in accordance with the Corporation’s notice of this Indenture permitting redemption pursuant to Section 4.05 and (ii) by lot from the numbers assigned to such partial redemptionBonds as many numbers as, at such unit amount equal to the lowest denomination in which the Bonds of such Series are authorized to be issued for each number, shall equal the principal amount of such Bonds to be redeemed. In making such selections the Trustee may draw the Bonds by lot (i) individually or (ii) by one or more groups, the particular grouping for the purpose of such drawing to be by serial numbers (or, in the case of Bonds of a denomination of more than the lowest denomination in which the Bonds of such Series are authorized to be issued, by the numbers assigned thereto as in this Section 4.04 provided) which end in the same digit or in the same two digits. In case, upon any drawing by groups, the total principal amount of Bonds drawn shall exceed the amount to be redeemed, the excess may be deducted from any group or groups so drawn in such manner as the Trustee may determine. The Trustee may in its discretion assign numbers to aliquot portions of Bonds and select part of any Bond for redemption. The Bonds to be redeemed shall be selected by the Trustee, in such manner as the Trustee in its discretion may deem proper, in the aggregate principal amount designated Bonds to the Trustee by the Company or otherwise as required by this Indenturewhich were assigned numbers so selected; provided, however, that if, as indicated in a certificate of an Authorized Company Representative delivered to the Trustee, the Company shall have offered to purchase all Bonds then Outstanding and less than all such Bonds have been tendered to the Company for such purchase, the Trustee, at the direction of an Authorized Company Representative, shall select for redemption all such Bonds which shall not have been only so tendered; and provided, further, that the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and that, in selecting Bonds for redemption, the Trustee shall treat each Bond as representing that number of Bonds which is obtained by dividing the principal amount of such Bond by $5,000. If it is determined that one or more, but not all, of the $5,000 units of principal amount represented by any such Bond is to be called for redemption, then, upon notice of intention to redeem such $5,000 unit or units, the Owner of such Bond shall forthwith surrender such Bond to the Paying Agent or any Co-Paying Agent for (y) payment to such Owner of the redemption price (including the redemption premium, if any, and accrued interest to the date fixed for redemption) of the $5,000 unit or units of principal amount called for redemption and (z) delivery to such Owner of a new Bond or Bonds in the aggregate principal amount of the unredeemed balance much of the principal amount of any such Bond. Bonds representing the unredeemed balance of the principal amount of any such Bond shall be delivered to the Owner thereof, without charge therefor. If the Owner of any each such Bond of a denomination greater of more than $5,000 the lowest denomination in which the Bonds of such Series are authorized to be issued shall fail be redeemed as shall equal the lowest denomination in which the Bonds of such Series are authorized to present be issued for each number assigned to it and so selected. For purposes of this Section 4.04, the lowest denomination in which a Capital Appreciation Bond is authorized to be issued shall be the lowest Accreted Value authorized to be due at maturity on such Bonds, and the lowest denomination in which a Deferred Income Bond is authorized to be issued shall be the Paying Agent or any Co-Paying Agent for payment and exchange as aforesaid, such Bond shall, nevertheless, become due and payable lowest Appreciated Value on the date fixed Interest Commencement Date authorized for redemption to the extent of the $5,000 unit or units of principal amount called for redemption (and to that extent only)such Bonds.

Appears in 1 contract

Samples: Master Trust Indenture

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Selection of Bonds to be Redeemed. If Subject to Section 211(c) hereof regarding DTC procedures, if less than all the Bonds shall be called for redemption under any provision of this Indenture permitting such partial redemption, the particular Bonds or portions of Bonds to be redeemed shall be selected by the TrusteeTrustee pro rata, in by lot or by such manner other method as the Trustee in its discretion may shall deem properfair and appropriate, and in the aggregate principal amount designated to the Trustee by the an Authorized Company Representative or otherwise as required by this Indenture; provided, however, that if, as indicated in a certificate of an Authorized Company Representative delivered to the Trustee, the Company shall have offered to purchase all Bonds then Outstanding and less than all of such Bonds shall have been tendered to the Company for such purchase, the Trustee, at the direction of an Authorized Company Representative, shall select for redemption all such Bonds which shall have not have been so tendered; and provided, further, that the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and that, in selecting Bonds for redemption, the Trustee shall treat each Bond as representing that number of Bonds which is obtained by dividing the principal amount of such Bond by $5,000. If it is determined that one or more, but not all, of the $5,000 units of principal amount represented by any such Bond is to be called for redemption, then, upon notice of intention to redeem such $5,000 unit or units, the Owner of such Bond shall forthwith surrender such Bond to the Paying Agent or any Co-Paying Agent for (ya) payment to such Owner of the redemption price (including the redemption premium, if any, and accrued interest to the date fixed for redemption) of the $5,000 unit or units of principal amount called for redemption and (zb) delivery to such Owner of a new Bond or Bonds in the aggregate principal amount of the unredeemed balance of the principal amount of any such Bond. New Bonds representing the unredeemed balance of the principal amount of any such Bond shall be delivered issued to the Owner thereof, without charge therefor. If the Owner of any such Bond of a denomination greater than $5,000 shall fail to present such Bond to the Paying Agent or any Co-Paying Agent for payment and exchange as aforesaid, such Bond shall, nevertheless, become due and payable on the date fixed for redemption to the extent of the $5,000 unit units or units of principal amount called for redemption (and to that extent only)redemption.

Appears in 1 contract

Samples: Indenture of Trust (Northwestern Corp)

Selection of Bonds to be Redeemed. A redemption of Bonds shall be a redemption of the whole or of any part of the Bonds, provided, that there shall be no partial redemption of less than $100,000. If less than all the Bonds shall be called for redemption under any provision of this Indenture Agreement permitting such partial redemption, redemption the particular Bonds or portions of Bonds to be redeemed shall be selected by the Trustee, in such manner as the Trustee in its discretion may deem proper, in the aggregate principal amount designated to the Trustee by the Company or otherwise as required by this Indenturefair and appropriate; provided, however, that if, as indicated in a certificate of an Authorized Company Representative delivered to the Trustee, the Company shall have offered to purchase all Bonds then Outstanding and less than all such Bonds have been tendered to the Company for such purchase, the Trustee, at the direction of an Authorized Company Representative, shall select for redemption all such Bonds which shall not have been so tendered; and provided, further, however (a) that the portion of any Bond to be redeemed under any provision of this Agreement shall be in the principal amount of $5,000 100,000 or some integral any multiple thereof and thereof, (b) that, in selecting Bonds for redemption, the Trustee shall treat each Bond as representing that number of Bonds which is obtained by dividing the principal amount of such Bond by $5,000100,000 and (c) that, to the extent practicable, the Trustee will not select any Bond for partial redemption if the amount of such Bond remaining outstanding would be reduced by such partial redemption to less than $100,000. If it is determined that one or more, but not all, of the $5,000 units of principal amount represented by any such Bond is to there shall be called for redemptionredemption less than all of a Bond, thenthe Issuer shall execute and deliver and the Trustee shall authenticate, upon notice of intention to redeem such $5,000 unit or units, the Owner surrender of such Bond shall forthwith surrender such Bond Bond, and at the expense of the Borrower and without charge to the Paying Agent or any Co-Paying Agent for (y) payment to such Owner of the redemption price (including the redemption premiumowner thereof, if any, and accrued interest to the date fixed for redemption) of the $5,000 unit or units of principal amount called for redemption and (z) delivery to such Owner of a new replacement Bond or Bonds in the aggregate principal amount of the unredeemed balance of the Bond so surrendered. At its option, to be exercised on or before the 60th day next preceding any mandatory scheduled redemption date pursuant to Section 401(c) (iii), the Borrower may deliver to the Trustee for cancellation Bonds in any aggregate principal amount of any such Bondwhich have been purchased by the Borrower in the open market. Bonds representing Each Bond 50 delivered shall be credited by the unredeemed balance Trustee at 100% of the principal amount thereof against the mandatory scheduled redemption requirement provided in Section 401(c) (iii) on such mandatory redemption date and against the monthly Loan payments required to be made with respect to such mandatory scheduled redemption requirement under Section 1001B; and any excess of any such Bond amount shall be delivered credited against future mandatory scheduled redemption requirements and against the corresponding portions of the monthly Loan payments in chronological order. The Borrower, will, on or before the 60th day preceding each mandatory scheduled redemption date, furnish the Trustee with a certificate, signed by an Authorized Borrower Representative, stating the extent to which the provisions of the first sentence of this paragraph are to be availed of with respect to such mandatory redemption requirements for such mandatory redemption date; unless such certificate is so timely furnished to the Owner thereofTrustee, without charge therefor. If the Owner of any mandatory redemption requirements provided for such Bond of a denomination greater than $5,000 shall fail to present such Bond to date in Section 401(c) (iii) and the Paying Agent or any Co-Paying Agent for payment and exchange as aforesaid, such Bond shall, nevertheless, become due and payable on the date fixed for redemption to the extent corresponding portions of the $5,000 unit or units monthly Loan payments shall not be reduced under the provisions of principal amount called for redemption (and to that extent only)this paragraph.

Appears in 1 contract

Samples: Loan and Trust Agreement (Lasalle Hotel Properties)

Selection of Bonds to be Redeemed. 1. Except as provided otherwise in subsections 2, 3, 4 and 5 below with respect to Auction Rate-Inverse Rate Bonds during an Auction Rate-Inverse Rate Period, a redemption of Bonds shall be a redemption of the whole or of any part of the Bonds from any funds available for that purpose in a principal amount equal to an authorized denomination (so long as the principal amount not redeemed is an authorized denomination). If less than all Bonds shall be redeemed, the particular Bonds to be redeemed shall be chosen by the Trustee, or the Trustee shall direct the Registrar and Paying Agent to so choose, as hereinafter provided. If less than all the Bonds shall be called for redemption under any provision of this Indenture permitting such partial redemption, the particular Bonds or portions of Bonds to be redeemed shall be selected (a) first, from Bonds held or owned by or for any Support Facility Issuer pursuant to any Support Facility, (b) second, from Bonds for which the Registrar and Paying Agent has received, prior to such selection, a Notice of Election to Tender requiring the Registrar and Paying Agent to purchase such Bonds on the date on which the Bonds being selected are to be redeemed and (c) third, from all other Bonds then Outstanding, by lot or on a pro rata basis by the Trustee or, upon direction of the Trustee, the Registrar and Paying Agent, in such manner as the Trustee or Registrar and Paying Agent in its discretion may deem proper, in the aggregate principal amount designated to the Trustee by the Company or otherwise as required by this Indenture; provided, however, that if, as indicated in a certificate of an Authorized Company Representative delivered to the Trustee, the Company shall have offered to purchase all Bonds then Outstanding and less than all such Bonds have been tendered to the Company for such purchase, the Trustee, at the direction of an Authorized Company Representative, shall select for redemption all such Bonds which shall not have been so tendered; and provided, further, that the portion of any Bond to be redeemed shall be in the principal amount of $100,000 or some integral multiple thereof during a Commercial Paper Rate Period, a Daily Rate Period, a Weekly Rate Period or a Monthly Rate Period, $25,000 or some integral multiple thereof during an Auction Rate Period, or $5,000 or some integral multiple thereof at any other time and that, in selecting Bonds for redemption, the Trustee or Registrar and Paying Agent shall treat each Bond as representing that number of Bonds which is obtained by dividing the principal amount of such registered Bond in excess of $100,000 by $5,000100,000 during a Commercial Paper Rate Period, a Daily Rate Period, a Weekly Rate Period or a Monthly Rate Period, $25,000 during an Auction Rate Period, and $5,000 at any other time (such amounts being hereinafter referred to as the "applicable units of principal amount"). If it is determined that one or more, but not all, all of the $100,000, $25,000 or $5,000 units of principal amount represented by any such Bond is to be called for redemption, then, then upon notice of intention to redeem such $100,000, $25,000 or $5,000 unit or units, the Owner Holders of such Bond Bonds shall forthwith surrender such Bond Bonds to the Paying Agent or any Co-Registrar and Paying Agent for (y1) payment to such Owner of the redemption price (including the redemption premium, if any, and accrued and unpaid interest to the date fixed for redemption) of the $100,000, $25,000 or $5,000 unit or units of principal amount called for redemption and (z2) delivery to such Owner of exchange for a new Bond or Bonds in of the aggregate principal amount of the unredeemed balance of the principal amount of any such Bond. Bonds representing the unredeemed balance of the principal amount of any such Bond shall be delivered to the Owner thereof, without charge thereforBonds. If the Owner Holders of any such Bond of a denomination greater than $100,000, $25,000 or $5,000 shall fail to present such Bond to the Registrar and Paying Agent or any Co-Paying Agent Agent, for payment and exchange as aforesaid, such Bond shall, nevertheless, become due and payable on the date fixed for redemption to the extent of the $100,000, $25,000 or $5,000 unit or units of principal amount called for redemption (and to that extent only).

Appears in 1 contract

Samples: Participation Agreement (Keyspan Corp)

Selection of Bonds to be Redeemed. A redemption of Bonds shall be a redemption of the whole or of any part of the Bonds from any funds available for that purpose in a principal amount equal to an authorized denomination (so long as the principal amount not redeemed is an authorized denomination). If less than all Bonds of any subseries shall be redeemed, the particular Bonds to be redeemed shall be chosen by the Trustee, or the Trustee shall direct the Registrar and Paying Agent to so choose, as hereinafter provided. If less than all the Bonds of any subseries shall be called for redemption under any provision of this Indenture permitting such partial redemption, the particular Bonds or portions of Bonds to be redeemed shall be selected (a) first, from Bonds held or owned by or for the issuer of a Support Facility pursuant to any Support Facility, (b) second, from Bonds for which the Registrar and Paying Agent has received, prior to such selection, a Notice of Election to Tender requiring the Registrar and Paying Agent to purchase such Bonds on the date on which the Bonds being selected are to be redeemed and (c) third, from all other Bonds then Outstanding, by lot by the Trustee or, upon direction of the Trustee, in such manner as the Trustee in its discretion may deem proper, in the aggregate principal amount designated to the Trustee by lot by the Company or otherwise as required by this IndentureRegistrar and Paying Agent; provided, however, that if, as indicated in a certificate of an Authorized Company Representative delivered to the Trustee, the Company shall have offered to purchase all Bonds then Outstanding and less than all such Bonds have been tendered to the Company for such purchase, the Trustee, at the direction of an Authorized Company Representative, shall select for redemption all such Bonds which shall not have been so tendered; and provided, further, that the portion of any Bond to be redeemed shall be in the principal amount of $5,000 100,000 or some any integral multiple thereof during a Commercial Paper Rate Period, a Daily Rate Period, a Weekly Rate Period or a Monthly Rate Period, $25,000 or any integral multiple thereof during an Auction Rate Period, or $5,000 or any integral multiple thereof at any other time and that, in selecting Bonds for redemption, the Trustee or Registrar and Paying Agent shall treat each Bond as representing that number of Bonds which is obtained by dividing the principal amount of such registered Bond in excess of $100,000 by $5,000100,000 during a Commercial Paper Rate Period, a Daily Rate Period, a Weekly Rate Period or a Monthly Rate Period, $25,000 during an Auction Rate Period, and $5,000 at any other time (such amounts being hereinafter referred to as the “applicable units of principal amount”). If it is determined that one or more, but not all, all of the $100,000, $25,000 or $5,000 units of principal amount represented by any such Bond is to be called for redemption, then, then upon notice of intention to redeem such $100,000, $25,000 or $5,000 unit or units, the Owner Holders of such Bond Bonds shall forthwith surrender such Bond Bonds to the Paying Agent or any Co-Registrar and Paying Agent for (y1) payment to such Owner of the redemption price (including the redemption premium, if any, and accrued interest to the date fixed for redemption) of the $100,000, $25,000 or $5,000 unit or units of principal amount called for redemption and (z2) delivery to such Owner of exchange for a new Bond or Bonds in of the same subseries of the aggregate principal amount of the unredeemed balance of the principal amount of any such Bond. Bonds representing the unredeemed balance of the principal amount of any such Bond shall be delivered to the Owner thereof, without charge thereforBonds. If the Owner Holders of any such Bond of a denomination greater than $100,000, $25,000 or $5,000 shall fail to present such Bond to the Registrar and Paying Agent or any Co-Paying Agent Agent, for payment and exchange as aforesaid, such Bond shall, nevertheless, become due and payable on the date fixed for redemption to the extent of the $100,000, $25,000 or $5,000 unit or units of principal amount called for redemption (and to that extent only).

Appears in 1 contract

Samples: Participation Agreement (Consolidated Edison Co of New York Inc)

Selection of Bonds to be Redeemed. If less than all the Bonds shall of any series, or any Tranche thereof, are to be called for redemption under any provision of this Indenture permitting such partial redemptionredeemed, the particular Bonds or portions of Bonds to be redeemed shall be selected by the TrusteeBond Registrar from the Outstanding Bonds of such series or Tranche not previously called for redemption, in by such manner method as the Trustee in its discretion may deem propershall be provided for any particular series or Tranche, or, in the aggregate absence of any such provision, by such method of random selection as the Bond Registrar shall deem fair and appropriate and which may, in any case, provide for the selection for redemption of portions (equal to the minimum authorized denomination for Bonds of such series or Tranche or any integral multiple thereof) of the principal amount designated to of Bonds of such series or Tranche having a denomination larger than the Trustee by the Company minimum authorized denomination for Bonds of such series or otherwise as required by this IndentureTranche; provided, however, that if, as indicated in a certificate of an Authorized Company Representative delivered to the TrusteeOfficer’s Certificate, the Company shall have offered to purchase all or any principal amount of the Bonds then Outstanding of any series, or any Tranche thereof, and less than all of such Bonds as to which such offer was made shall have been tendered to the Company for such purchase, the TrusteeBond Registrar, at the direction of an Authorized if so directed by Company RepresentativeOrder, shall select for redemption all or any principal amount of such Bonds which shall have not have been so tendered; . The Bond Registrar shall promptly notify the Company and providedthe Trustee in writing of the Bonds selected for redemption and, furtherin the case of any Bonds selected to be redeemed in part, that 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 Bonds shall relate, in the case of any Bonds redeemed or to be redeemed only in part, to the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and that, in selecting Bonds for redemption, the Trustee shall treat each Bond as representing that number of Bonds which is obtained by dividing the principal amount of such Bond by $5,000. If it is determined that one Bonds which has been or more, but not all, of the $5,000 units of principal amount represented by any such Bond is to be called for redemption, then, upon notice of intention to redeem such $5,000 unit or units, the Owner of such Bond shall forthwith surrender such Bond to the Paying Agent or any Co-Paying Agent for (y) payment to such Owner of the redemption price (including the redemption premium, if any, and accrued interest to the date fixed for redemption) of the $5,000 unit or units of principal amount called for redemption and (z) delivery to such Owner of a new Bond or Bonds in the aggregate principal amount of the unredeemed balance of the principal amount of any such Bond. Bonds representing the unredeemed balance of the principal amount of any such Bond shall be delivered to the Owner thereof, without charge therefor. If the Owner of any such Bond of a denomination greater than $5,000 shall fail to present such Bond to the Paying Agent or any Co-Paying Agent for payment and exchange as aforesaid, such Bond shall, nevertheless, become due and payable on the date fixed for redemption to the extent of the $5,000 unit or units of principal amount called for redemption (and to that extent only)redeemed.

Appears in 1 contract

Samples: Indenture (Pg&e Corp)

Selection of Bonds to be Redeemed. Bonds shall be redeemed only in amounts resulting in Bonds Outstanding for a series being in Authorized Denominations. If less than all of the Outstanding Bonds of any series are to be redeemed and paid prior to maturity, such Bonds shall be called for redemption under any provision redeemed in the manner selected by the Trustee. Bonds of this Indenture permitting such partial redemption, the particular Bonds or portions of Bonds less than a full maturity are to be redeemed shall be selected by the Trustee, Trustee in such equitable manner as the Trustee in its discretion it may deem proper, in the aggregate principal amount designated to the Trustee by the Company or otherwise as required by this Indenture; provided, however, determine. No portion of a Bond may be redeemed that if, as indicated would result in a certificate of an Bond which is smaller than the then permitted minimum Authorized Company Representative delivered to the Trustee, the Company shall have offered to purchase all Bonds then Outstanding and less than all such Bonds have been tendered to the Company for such purchase, the Trustee, at the direction of an Authorized Company Representative, shall select for redemption all such Bonds which shall not have been so tendered; and provided, further, that the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and that, in selecting Bonds for redemptionDenomination. For this purpose, the Trustee shall treat consider each Bond as representing in a denomination larger than the minimum Authorized Denomination permitted by the Bonds at the time to be separate Bonds each in the minimum Authorized Denomination. Provisions of this Indenture that number apply to Bonds called for redemption also apply to portions of Bonds which is obtained by dividing the principal amount of such Bond by $5,000called for redemption. If it is determined that one or more, but not all, of the $5,000 units of principal amount face value represented by any such fully registered Bond is to be called selected for redemption, then, upon notice of intention to redeem such $5,000 unit or units, then the Owner of such Bond or such Owner’s attorney or legal representative shall forthwith present and surrender such Bond to the Paying Agent or any Co-Paying Agent Trustee (1) for (y) payment to such Owner of the redemption price (including the redemption premium, if any, and accrued interest to the date fixed for redemptionredemption date) of the $5,000 unit or units portion of principal amount the Bonds called for redemption redemption, and (z2) delivery for exchange, without charge to such the Owner of the Bond, for a new Bond or Bonds in of the aggregate principal amount of the unredeemed balance portion of the principal amount of any such Bond. Bonds representing the unredeemed balance of the principal amount of any such Bond shall be delivered to the Owner thereof, without charge therefor. If the Owner of any such Bond of a denomination greater than $5,000 shall fail to present such Bond to the Paying Agent or any Co-Paying Agent Trustee for payment and exchange as aforesaid, such Bond shall, nevertheless, become due and payable on the redemption date fixed for redemption to the extent of the $5,000 unit or units of principal amount thereof called for redemption (and to that extent only).

Appears in 1 contract

Samples: Trust Indenture

Selection of Bonds to be Redeemed. If less than all the Bonds shall be called for redemption under any provision of this Indenture permitting such partial redemptionare redeemed in part, DTC will select the particular Bonds or portions of Bonds to be redeemed shall pursuant to its rules and procedures or, if the book-entry system with DTC or any other securities depository has been discontinued, the Paying Agent will select the Bonds to be selected redeemed by the Trustee, lot in such manner as the Trustee Paying Agent in its discretion may deem proper, in but Bonds held by the aggregate Credit Provider pursuant to the Reimbursement Agreement will be selected first for redemption. Each Authorized Denomination of principal amount designated represented by any Bond will be considered a separate Bond for purposes of selecting the Bonds to the Trustee by the Company or otherwise as required by this Indenture; provided, however, that if, as indicated be redeemed. If a Bond subject to redemption is in a certificate denomination larger than the minimum Authorized Denomination, a portion of such Bond may be redeemed, but only in a principal amount such that the 31 37 unredeemed portion of such Bond is equal to an Authorized Company Representative delivered to Denomination. For any Bond in a denomination of more than the Trusteeminimum Authorized Denomination, the Company shall have offered to purchase all Bonds then Outstanding and less than all such Bonds have been tendered to the Company for such purchase, the Trustee, at the direction of an Authorized Company Representative, shall select for redemption all such Bonds which shall not have been so tendered; and provided, further, that the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and that, in selecting Bonds for redemption, the Trustee Paying Agent shall treat each such Bond as representing a single Bond in the minimum Authorized Denomination plus that number of Bonds which that is obtained by dividing the remaining principal amount of such Bond by $5,000the Minimum Authorized Denomination. If it is determined that one or more, but not all, of the $5,000 units Authorized Denominations of principal amount represented by any such Bond is to be called for redemption, then, upon on notice of intention to redeem such $5,000 unit or unitsAuthorized Denominations of principal amount of such Bond, the Owner of such Bond shall forthwith Bond, on surrender of such Bond to the Paying Agent or any Co-Paying Agent for (y) payment to such Owner of the redemption price (including the redemption premium, if any, and accrued interest to the date fixed principal amount of such Bond called for redemption) of the $5,000 unit or units of principal amount called for redemption and (z) delivery , will be entitled to such Owner of receive a new Bond or Bonds in the aggregate principal amount of the unredeemed balance of the principal amount of any such Bond. New Bonds representing the unredeemed balance of the principal amount of any such Bond shall Bonds will be delivered issued to the Owner thereof, thereof without charge therefor. If the Owner of any such Bond of a denomination greater than $5,000 shall fail the amount being redeemed fails to present such Bond to the Paying Agent or any Co-Paying Agent for payment and exchange as aforesaid, such Bond shallwill, nevertheless, become due and payable on the date fixed for redemption to the extent of the $5,000 unit or units of principal amount called for redemption (denomination being redeemed and to that extent only).

Appears in 1 contract

Samples: Sterigenics International

Selection of Bonds to be Redeemed. In the case of any‌ redemption in part of the 2014A Bonds, the 2014A Bonds to be redeemed under Section 4.01 shall be selected by the Trustee, subject to any requirements of this Section. A redemption of 2014A Bonds shall be redemption of the whole or of any part of the 2014A Bonds, provided, that there shall be no partial redemption of less than $5,000. If less than all of the 2014A Bonds shall be called for redemption under any provision of this Indenture permitting such partial redemption, the particular Bonds or portions of 2014A Bonds to be redeemed shall be selected by the Trustee, in such manner as the Trustee in its discretion may deem proper, in the aggregate principal amount designated to the Trustee by the Company or otherwise as required by this Indenturefair and appropriate; provided, however, that if, as indicated in a certificate of an Authorized Company Representative delivered to the Trustee, the Company shall have offered to purchase all Bonds then Outstanding and less than all such Bonds have been tendered to the Company for such purchase, the Trustee, at the direction of an Authorized Company Representative, shall select for redemption all such Bonds which shall not have been so tendered; and provided, further, however (a) that the portion of any 2014A Bond to be redeemed under any provision of this Indenture shall be in the principal amount of $5,000 or some integral any multiple thereof thereof, and (b) that, in selecting 2014A Bonds for redemption, the Trustee shall treat each Bond 2014A Bonds as representing that number of 2014A Bonds which is obtained by dividing the principal amount of such Bond by $5,000. If it is determined that one or more, but not all, of the $5,000 units of principal amount represented by any such Bond is to there shall be called for redemptionredemption less than all of a 2014A Bond, thenthe Issuer shall execute and deliver and the Trustee shall authenticate, upon notice of intention to redeem such $5,000 unit or units, the Owner surrender of such Bond shall forthwith surrender such Bond 2014A Bond, without charge to the Paying Agent or any Co-Paying Agent for (y) payment to such Owner of the redemption price (including the redemption premiumowner thereof, if any, and accrued interest to the date fixed for redemption) of the $5,000 unit or units of principal amount called for redemption and (z) delivery to such Owner of a new replacement Bond or Bonds in the aggregate principal amount of the unredeemed balance of the 2014A Bond so surrendered. At its option, to be exercised on or before the 45th day next preceding any mandatory sinking fund redemption date for 2014A Bonds under Section 4.01(c), the Obligated Group may deliver to the Trustee for cancellation 2014A Bonds of the appropriate maturity in any aggregate principal amount of any such Bondwhich have been purchased by the Obligated Group in the open market. Bonds representing Each 2014A Bond so delivered shall be credited by the unredeemed balance Trustee at 100% of the principal amount thereof against the mandatory scheduled redemption requirement for the 2014A Bonds of such maturity on such mandatory redemption date; and any excess of such Bond amount shall be delivered credited against future mandatory scheduled redemption requirements as directed by the Obligated Group. The Obligated Group, will, on or before the 45th day preceding such mandatory scheduled redemption date, furnish the Trustee with a certificate, signed by an Obligated Group Representative, stating the extent to which the provisions of the first sentence of this paragraph are to be availed of with respect to such mandatory redemption requirements for such mandatory redemption date; unless such certificate is so timely furnished to the Owner thereofTrustee, without charge therefor. If the Owner mandatory redemption requirements for such mandatory redemption date shall not be reduced under the provisions of any such Bond of a denomination greater than $5,000 shall fail to present such Bond to the Paying Agent or any Co-Paying Agent for payment and exchange as aforesaid, such Bond shall, nevertheless, become due and payable on the date fixed for redemption to the extent of the $5,000 unit or units of principal amount called for redemption (and to that extent only)this paragraph.

Appears in 1 contract

Samples: www.sumtercountyfl.gov

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