Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed pursuant to Section 5.7 or purchased in an Asset Sale Offer pursuant to Section 3.5 or a redemption pursuant to Section 5.9, the Trustee will select Notes for redemption or purchase (a) if the Notes are in global form, on a pro rata basis or by lot or such similar method in accordance with the procedures of DTC and (b) if the Notes are in definitive form, on a pro rata basis except: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2) if otherwise required by law. No Notes of $2,000 or less can be redeemed in part. In the event of partial redemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the redemption or purchase date by the Trustee from the outstanding Notes not previously called for redemption or purchase. The Trustee will promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected will be in amounts of $2,000 or whole multiples of $1,000; except that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed or purchased. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.
Appears in 1 contract
Samples: Indenture (Bankrate, Inc.)
Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed pursuant to Section 5.7 or purchased in an Asset Sale Disposition Offer pursuant to Section 3.5 or a redemption pursuant to Section 5.9, the Trustee will select Notes for redemption or purchase (a) if the Notes are in global form, on a pro rata basis or by lot or such similar method in accordance with the procedures of DTC and (b) if the Notes are in definitive form, on a pro rata basis (subject to adjustments to maintain the authorized Notes denomination requirements) except:
(1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or
(2) if otherwise required by law. No Notes in an unauthorized denomination or of $2,000 in aggregate principal amount or less can shall be redeemed in part. In the event of partial redemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 days nor more than 60 days prior to the redemption or purchase date by the Trustee from the outstanding Notes not previously called for redemption or purchase. The Trustee will promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected will be in amounts of $2,000 or whole multiples of $1,000; except that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed or purchased. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.
Appears in 1 contract
Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed pursuant to Section 5.7 5.07 hereof or purchased in an Asset Sale a Change of Control Offer pursuant to Section 3.5 or a redemption pursuant to Section 5.93.06 hereof, the Trustee will select Notes for redemption or purchase (a) if the Notes are in global formGlobal Notes, on a pro rata basis or by lot or such similar method in accordance with pursuant to the procedures applicable rules of DTC and (b) if the Notes are in definitive formDefinitive Notes, on a pro rata basis or as required by the rules of the depositary except:
(1a) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed;
(b) to the extent that selection on a pro rata basis is not practicable, by lot or as required by the rules of DTC; or
(2c) if otherwise required by law. No Notes of $2,000 or less can be redeemed in part. In the event of partial redemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 days nor more than 60 days prior to the redemption or purchase date by the Trustee from the outstanding Notes not previously called for redemption or purchase. The Trustee will promptly notify the Issuer Company in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected will be in amounts of $2,000 or whole multiples of $1,0001,000 in excess thereof; except that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed or purchased. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.
Appears in 1 contract
Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed pursuant to Section 5.7 or purchased in an Asset Sale Disposition Offer pursuant to Section 3.5 or a redemption pursuant to Section 5.95.8, the Trustee Registrar will select Notes for redemption or purchase (a) if the Notes are in global form, on a pro rata basis or by lot or such similar method in accordance with the procedures of DTC and (b) if the Notes are in definitive form, on a pro rata basis (subject to adjustments to maintain the authorized Notes denomination requirements) except:
(1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or
(2) if otherwise required by law. No Notes in an unauthorized denomination or of $2,000 in aggregate principal amount or less can shall be redeemed in part. In the event of partial redemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the redemption or purchase date by the Trustee Agent from the outstanding Notes not previously called for redemption or purchase. The Trustee Agent will promptly notify the Issuer Company in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected will be in amounts of $2,000 or whole multiples of $1,000; except that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed or purchased. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.
Appears in 1 contract
Samples: Indenture (Affinity Gaming, LLC)
Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes of any series are to be redeemed pursuant to Section 5.7 5.07 hereof or purchased in an Asset Sale a Change of Control Offer pursuant to Section 3.5 or a redemption pursuant to Section 5.93.06 hereof, the Trustee will select Notes of such series for redemption or purchase (ai) if the Notes of such series are in global formGlobal Notes, pursuant to the applicable rules of DTC, and (ii) if the Notes of such series are Definitive Notes, on a pro rata basis or as required by lot or such similar method in accordance with the procedures rules of DTC and the depositary except:
(ba) if the Notes are in definitive form, on a pro rata basis except:
(1) if the Notes of such series are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes of such series are listed;
(b) to the extent that selection on a pro rata basis is not practicable, by lot or as required by the rules of DTC; or
(2c) if otherwise required by law. No Notes of $2,000 or less can be redeemed in part. In the event of partial redemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 10 days nor more than 60 days prior to the redemption or purchase date by the Trustee from the outstanding Notes not previously called for redemption or purchase. The Trustee will promptly notify the Issuer Company in writing of the Notes of such series selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected will be in amounts of $2,000 or whole multiples of $1,0001,000 in excess thereof; except that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed or purchased. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.
Appears in 1 contract
Samples: Indenture (Cleveland-Cliffs Inc.)
Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed pursuant to Section 5.7 or purchased in an Asset Sale Disposition Offer pursuant to Section 3.5 or a redemption pursuant to Section 5.95.8, the Trustee Registrar will select Notes for redemption or purchase (a) if the Notes are in global form, on a pro rata basis or by lot or such similar method in accordance with the procedures of DTC and (b) if the Notes are in definitive form, on a pro rata basis (subject to adjustments to maintain the authorized Notes denomination requirements) except:
(1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or
(2) if otherwise required by law. No Notes in an unauthorized denomination or of $2,000 in aggregate principal amount or less can shall be redeemed in part. In the event of partial redemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the redemption or purchase date by the Trustee Agent from the outstanding Notes not previously called for redemption or purchase. The Trustee Agent will promptly notify the Issuer Company in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected will be in amounts of $2,000 or whole multiples of $1,000; except that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed or purchased. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions pr ortions of Notes called for redemption or purchase.
Appears in 1 contract
Samples: Indenture (CHURCHILL DOWNS Inc)
Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed pursuant to Section 5.7 5.6 or purchased in an Asset Sale Disposition Offer pursuant to Section 3.5 or a redemption pursuant to Section 5.9, the Trustee will select Notes for redemption or purchase (a) if the Notes are in global form, on a pro rata basis or by lot or such similar method in accordance with the applicable procedures of DTC and (b) if the Notes are in definitive form, on a pro rata basis (subject to adjustments to maintain the authorized Notes denomination requirements) except:
(1a) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or
(2b) if otherwise required by law. No Notes in an unauthorized denomination or of $2,000 in aggregate principal amount or less can shall be redeemed in part. In the event of partial redemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 15 days nor more than 60 days prior to the redemption or purchase date by the Trustee from the outstanding Notes not previously called for redemption or purchase; provided that the Company shall provide the Trustee with sufficient notice of such partial redemption to enable the Trustee to select the Notes for partial redemption. The Trustee will promptly notify the Issuer Company in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected will be in amounts of $2,000 or whole multiples of $1,000; except that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed or purchased. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.
Appears in 1 contract
Samples: Indenture (TUTOR PERINI Corp)
Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed pursuant to Section 5.7 or purchased in an Asset Sale Disposition Offer pursuant to Section 3.5 or a redemption pursuant to Section 5.95.8, the Trustee will select Notes shall be selected for redemption or purchase (a) if the Notes are in global form, on a pro rata basis or by lot or such similar method in accordance with the procedures of DTC and (b) if the Notes are in definitive form, on a pro rata basis or by lot (subject to adjustments to maintain the authorized Notes denomination requirements) except:
(1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or
(2) if otherwise required by law. No Notes in an unauthorized denomination or of $2,000 in aggregate principal amount or less can shall be redeemed in part. In the event of partial redemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 10 nor more than 60 days prior to the redemption or purchase date by the Trustee Agent from the outstanding Notes not previously called for redemption or purchase. The Trustee Agent will promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected will be in amounts of $2,000 or whole multiples of $1,000; except that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed or purchased. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.
Appears in 1 contract
Samples: Indenture (Cott Corp /Cn/)
Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed pursuant to Section 5.7 or purchased in an Asset Sale a Net Proceeds Offer pursuant to Section 3.5 or a redemption pursuant to Section 5.93.5, the Trustee will shall select Notes for redemption or purchase (a) if the Notes are in global form, on a pro rata basis or by lot or such similar method in accordance with the procedures of DTC and (b) if the Notes are in definitive form, on a pro rata basis except:
(1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or
(2) if otherwise required by law. Notwithstanding the foregoing, if a partial redemption is made pursuant to the provisions of Section 5.7(b), selection of Notes or portions thereof for redemption shall be made by the Trustee only a pro rata basis or as nearly pro rata as is practicable (subject to the procedures of the DTC)), unless that method is otherwise prohibited. No Notes of $2,000 or less can be redeemed in part. In the event of partial redemption, the particular Notes to be redeemed or purchased will shall be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the redemption or purchase date by the Trustee from the outstanding Notes not previously called for redemption or purchase. The Trustee will shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected will shall be in amounts of $2,000 or whole multiples of $1,000; except that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed or purchased. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.
Appears in 1 contract
Samples: Indenture (ExamWorks Group, Inc.)
Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed pursuant to Section Section 5.7 or purchased in an Asset Sale Disposition Offer pursuant to Section 3.5 or a redemption pursuant to Section 5.9Section 3.5, the Trustee will select Notes for redemption or purchase (a) if the Notes are in global form, on a pro rata basis or basis, by lot or such similar other method that most nearly approximates pro rata in accordance with the applicable procedures of DTC and (b) if the Notes are in definitive formform in their entirety, on a pro rata basis except:
(1) if subject to adjustments to maintain the authorized Notes are listed on any national securities exchangedenomination requirements), in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or
(2) except if otherwise required by law. No Notes in an unauthorized denomination or of $2,000 in aggregate principal amount or less can shall be redeemed in part. In the event of partial redemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 10 days nor more than 60 days prior to the redemption or purchase date by the Trustee from the outstanding Notes not previously called for redemption or purchase; provided that the Issuer shall provide the Trustee with sufficient notice of such partial redemption to enable the Trustee to select the Notes for partial redemption. The Trustee will promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected will be in minimum principal amounts of $2,000 or and whole multiples of $1,0001,000 in excess of $2,000; except that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not in a minimum principal amount of $2,000 or a multiple of $1,0001,000 in excess thereof, shall be redeemed or purchased. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.
Appears in 1 contract
Samples: Indenture (Option Care Health, Inc.)
Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed pursuant to Section 5.7 or purchased in an Asset Sale Disposition Offer pursuant to Section 3.5 or a redemption pursuant to Section 5.95.8, the Trustee Registrar will select Notes for redemption or purchase (a) if the Notes are in global form, on a pro rata basis or by lot or such similar method in accordance with the procedures of DTC and (b) if the Notes are in definitive form, on a pro rata basis (subject to adjustments to maintain the authorized Notes denomination requirements) except:
(1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or
(2) if otherwise required by the DTC or law. No Notes in an unauthorized denomination or of $2,000 in aggregate principal amount or less can shall be redeemed in part. In the event of partial redemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 10 nor more than 60 days prior to the redemption or purchase date by the Trustee Agent from the outstanding Notes not previously called for redemption or purchase. The Trustee Agent will promptly notify the Issuer Company in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected will be in amounts of $2,000 or whole multiples of $1,000; except that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed or purchased. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.
Appears in 1 contract
Samples: Indenture (Churchill Downs Inc)
Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed pursuant to Section 5.7 or purchased in an Asset Sale Offer pursuant to Section 3.5 or a redemption pursuant to Section 5.9, the Trustee will select Notes for redemption or purchase (a) if the Notes are in global form, on a pro rata basis basis, by lot, or by lot or such similar other method in accordance with the applicable procedures of DTC and (b) if the Notes are in definitive formform in their entirety, on a pro rata basis except:
(1subject to adjustments to maintain the authorized Notes denomination requirements) if the Notes are listed on any national securities exchangeor by lot, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or
(2) except if otherwise required by law. No Notes in an unauthorized denomination or of $2,000 in aggregate principal amount or less can shall be redeemed in part. In the event of partial redemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 10 days nor more than 60 days prior to the redemption or purchase date by the Trustee from the outstanding Notes not previously called for redemption or purchase; provided that the Issuer shall provide the Trustee with sufficient notice of such partial redemption to enable the Trustee to select the Notes for partial redemption. The Trustee will promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected will be in minimum principal amounts of $2,000 or and whole multiples of $1,0001,000 in excess of $2,000; except that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not in a minimum principal amount of $2,000 or a multiple of $1,0001,000 in excess thereof, shall be redeemed or purchased. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.
Appears in 1 contract
Samples: Indenture (GrubHub Inc.)
Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed pursuant to Section 5.7 or purchased in an Asset Sale Disposition Offer pursuant to Section 3.5 or a redemption pursuant to Section 5.9, the Trustee will select Notes for redemption or purchase (a) if the Notes are in global form, on a pro rata basis or by lot or such similar method in accordance with the procedures of DTC and (b) if the Notes are in definitive form, on a pro rata basis (subject to adjustments to maintain the authorized Notes denomination requirements) except:
(1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or
(2) if otherwise required by law. No Notes of in an unauthorized denomination or less than $2,000 or less can in aggregate principal amount shall be redeemed in part. In the event of partial redemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the redemption or purchase date by the Trustee from the outstanding Notes not previously called for redemption or purchase. The Trustee will promptly notify the Issuer Issuers in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected will be in amounts of $2,000 or whole multiples of $1,000; except that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed or purchased. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.
Appears in 1 contract
Samples: Indenture (Styron Canada ULC)
Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed pursuant to Section 5.7 or purchased in an Asset Sale Disposition Offer pursuant to Section 3.5 or a redemption pursuant to Section 5.9, the Trustee will select Notes for redemption or purchase (a) if the Notes are in global form, on a pro rata basis or by lot or such similar method in accordance with the applicable procedures of DTC and (b) if the Notes are in definitive form, on a pro rata basis (subject to adjustments to maintain the authorized Notes denomination requirements) except:
(1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or
(2) if otherwise required by law. No Notes in an unauthorized denomination or of $2,000 in aggregate principal amount or less can shall be redeemed in part. In the event of partial redemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 15 days nor more than 60 days prior to the redemption or purchase date by the Trustee from the outstanding Notes not previously called for redemption or purchase; provided that the Issuer shall provide the Trustee with sufficient notice of such partial redemption to enable the Trustee to select the Notes for partial redemption. The Trustee will promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected will be in amounts of $2,000 or whole multiples of $1,000; except that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed or purchased. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.
Appears in 1 contract
Samples: Indenture (BMC Stock Holdings, Inc.)
Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed pursuant to Section 5.7 Section 5.07 hereof or purchased in a Collateral Disposition Offer or an Asset Sale Optional Collateral Disposition Offer pursuant to Section 3.5 3.02 hereof or a redemption Change of Control Offer pursuant to Section 5.9Section 3.06 hereof, the Trustee will select Notes for redemption or purchase (a) if the Notes are in global formGlobal Notes, on a pro rata basis or by lot or such similar method in accordance with pursuant to the procedures applicable rules of DTC and (b) if the Notes are in definitive formDefinitive Notes, on a pro rata basis or as required by the rules of the depositary except:
(1a) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed;
(b) to the extent that selection on a pro rata basis is not practicable, by lot or as required by the rules of DTC; or
(2c) if otherwise required by law. No Notes of $2,000 or less can be redeemed in part. In the event of partial redemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 days nor more than 60 days prior to the redemption or purchase date by the Trustee from the outstanding Notes not previously called for redemption or purchase. The Trustee will promptly notify the Issuer Company in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected will be in amounts of $2,000 or whole multiples of $1,0001,000 in excess thereof; except that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed or purchased. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.
Appears in 1 contract
Samples: Indenture (Cleveland-Cliffs Inc.)
Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed pursuant to Section 5.7 or purchased in an Asset Sale Offer pursuant to Section 3.5 or a redemption pursuant to Section 5.95.7, the Trustee will select Notes for redemption or purchase (a) if the Notes are in global form, on a pro rata basis or by lot or such similar method in accordance with the procedures of DTC and (b) if the Notes are in definitive form, on a pro rata basis (subject to adjustments to maintain the authorized Notes denomination requirements) except:
(1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; provided that the Trustee is provided notice of such listing at the time thereof; or
(2) if otherwise required by law. No Notes of $2,000 or less can be redeemed in part. In the event of partial redemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the redemption or purchase date by the Trustee from the outstanding Notes not previously called for redemption or purchase. The Trustee will promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected will be in amounts of $2,000 1.00 or whole multiples of $1,0001.00 in excess thereof; except that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, Holder shall be redeemed or purchased. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.
Appears in 1 contract
Samples: Indenture (DPC Products, Inc.)
Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed pursuant to Section 5.7 or purchased in an Asset Sale Disposition Offer pursuant to Section 3.5 or a redemption pursuant to Section 5.93.5, the Trustee will select Notes for redemption or purchase (a) if the Notes are in global form, on a pro rata basis basis, by lot, or by lot or such similar other method in accordance with the applicable procedures of DTC and (b) if the Notes are in definitive formform in their entirety, on a pro rata basis except:
(1subject to adjustments to maintain the authorized Notes denomination requirements) if the Notes are listed on any national securities exchangeor by lot, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or
(2) except if otherwise required by law. No Notes in an unauthorized denomination or of $2,000 1.00 in aggregate principal amount or less can shall be redeemed in part. In the event of partial redemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 10 days nor more than 60 days prior to the redemption or purchase date by the Trustee from the outstanding Notes not previously called for redemption or purchase; provided that the Issuer shall provide the Trustee with sufficient notice of such partial redemption to enable the Trustee to select the Notes for partial redemption. The Trustee will promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected will be in minimum principal amounts of $2,000 or 1.00 and whole multiples of $1,0001.00 in excess of $1.00; except that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not in a minimum principal amount of $1.00 or a multiple of $1,0001.00 in excess thereof, shall be redeemed or purchased. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.
Appears in 1 contract
Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed pursuant to Section 5.7 or purchased in an Asset Sale Disposition Offer pursuant to Section 3.5 or a redemption pursuant to Section 5.9, the Trustee will select Notes for redemption or purchase (a) if the Notes are in global form, on a pro rata basis or by lot or such similar method in accordance with the procedures of DTC and (b) if the Notes are in definitive form, on a pro rata basis (subject to adjustments to maintain the authorized Notes denomination requirements) except:
(1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or
(2) if otherwise required by law. No Notes in an unauthorized denomination or of $2,000 in aggregate principal amount or less can shall be redeemed in part. In the event of partial redemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the redemption or purchase date by the Trustee from the outstanding Notes not previously called for redemption or purchase. The Trustee will promptly notify the Issuer Company in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected will be in amounts of $2,000 or whole multiples of $1,000; except that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed or purchased. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.
Appears in 1 contract
Samples: Indenture (Townsquare Media, LLC)
Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes of any series are to be redeemed pursuant to Section 5.7 5.07 hereof or purchased in an Asset Sale a Change of Control Offer pursuant to Section 3.5 or a redemption pursuant to Section 5.93.06 hereof, the Trustee will select Notes of such series for redemption or purchase (ai) if the Notes of such series are in global formGlobal Notes, based on a method that most nearly approximates a pro rata selection as required by the applicable rules of DTC, and (ii) if the Notes of such series are Definitive Notes, on a pro rata basis or as required by lot or such similar method in accordance with the procedures rules of DTC and the depositary except:
(ba) if the Notes are in definitive form, on a pro rata basis except:
(1) if the Notes of such series are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes of such series are listed;
(b) to the extent that selection on a pro rata basis is not practicable, by lot or as required by the rules of DTC; or
(2c) if otherwise required by law. No Notes of $2,000 or less can be redeemed in part. In the event of partial redemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, in the case of optional redemption pursuant to Section 5.07(a), not less than 30 nor days, and, in all other cases, not less than 10 days nor, in all cases, more than 60 days prior to the redemption or purchase date by the Trustee from the outstanding Notes of the series to be redeemed not previously called for redemption or purchase. The Trustee will promptly notify the Issuer Company in writing of the Notes of such series selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected will be in amounts of $2,000 or whole multiples of $1,0001,000 in excess thereof; except that if all of the Notes of any series of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes of such series held by such Holder, even if not a multiple of $1,000, shall be redeemed or purchased. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.
Appears in 1 contract
Samples: Indenture (Cleveland-Cliffs Inc.)
Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes of a series are to be redeemed pursuant to Section 5.7 5.6 or purchased in an Asset Sale Disposition Offer pursuant to Section 3.5 or a redemption pursuant to Section 5.93.2, the Trustee will select Notes for redemption or purchase (a) if the Notes are in global form, on a pro rata basis or by lot or such similar method in accordance with the applicable procedures of DTC and (b) if the Notes are in definitive formform in their entirety, by lot or on a pro rata basis except:
(1) if subject to adjustments to maintain the authorized Notes are listed on any national securities exchangedenomination requirements), in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or
(2) except if otherwise required by law. No Notes in an unauthorized denomination or of $2,000 in aggregate principal amount or less can shall be redeemed in part. In the event of partial redemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 10 days nor more than 60 days prior to the redemption applicable Redemption Date or purchase date Purchase Date by the Trustee from the outstanding Outstanding Notes not previously called for redemption or purchase; provided that the Issuer shall provide the Trustee with sufficient notice of such partial redemption to enable the Trustee to select the Notes for partial redemption. The Trustee will promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected will be in minimum principal amounts of $2,000 or and whole multiples of $1,0001,000 in excess of $2,000; except that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not in a minimum principal amount of $2,000 or a multiple of $1,0001,000 in excess thereof, shall be redeemed or purchased. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.
Appears in 1 contract
Samples: Indenture (Macy's, Inc.)
Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed pursuant to Section 5.7 or purchased in an Asset Sale Disposition Offer pursuant to Section 3.5 or a redemption pursuant to Section 5.93.5, the Trustee will select Notes for redemption or purchase (a) if the Notes are in global form, on a pro rata basis basis, by lot, or by lot or such similar other method in accordance with the applicable procedures of DTC and (b) if the Notes are in definitive formform in their entirety, on a pro rata basis except:
(1subject to adjustments to maintain the authorized Notes denomination requirements) if the Notes are listed on any national securities exchangeor by lot, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or
(2) except if otherwise required by law. No Notes in an unauthorized denomination or of $2,000 in aggregate principal amount or less can shall be redeemed in part. In the event of partial redemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 10 days nor more than 60 days prior to the redemption or purchase date by the Trustee from the outstanding Notes not previously called for redemption or purchase; provided that the Issuer shall provide the Trustee with sufficient notice of such partial redemption to enable the Trustee to select the Notes for partial redemption. The Trustee will promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected will be in minimum principal amounts of $2,000 or and whole multiples of $1,0001,000 in excess of $2,000; except provided that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not in a minimum principal amount of $2,000 or a multiple of $1,0001,000 in excess thereof, shall be redeemed or purchased. Except as provided in the preceding sentence, the provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.
Appears in 1 contract
Samples: Indenture (Korn Ferry)
Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed pursuant to Section 5.7 or purchased in an Asset Sale Disposition Offer pursuant to Section 3.5 or a redemption pursuant to Section 5.9, the Trustee will select Notes for redemption or purchase (a) if the Notes are in global form, on a pro rata basis or by lot or such similar method in accordance with the applicable procedures of DTC and (b) if the Notes are in definitive form, on a pro rata basis (subject to adjustments to maintain the authorized Notes denomination requirements) except:
(1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or
(2) if otherwise required by law. No Notes in an unauthorized denomination or of less than $2,000 or less can in aggregate principal amount shall be redeemed in part. In the event of partial redemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 15 days nor more than 60 days prior to the redemption or purchase date by the Trustee from the outstanding Notes not previously called for redemption or purchase; provided that the Company shall provide the Trustee with sufficient notice of such partial redemption to enable the Trustee to select the Notes for partial redemption. The Trustee will promptly notify the Issuer Company in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected will be in amounts of $2,000 or whole multiples of $1,000; except that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed or purchased. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.
Appears in 1 contract
Samples: Indenture (Versum Materials, Inc.)
Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed pursuant to Section 5.7 or purchased in an Asset Sale Disposition Offer pursuant to Section 3.5 or a redemption pursuant to Section 5.93.5, the Trustee will select Notes for redemption or purchase (a) if the Notes are in global form, based on a method that most nearly approximates a pro rata basis or selection, by lot or such similar method in accordance with as required by the applicable procedures of the DTC and (b) if the Notes are in definitive form, on a pro rata basis (subject to adjustments to maintain the authorized Notes denomination requirements) except:
(1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or
(2) if otherwise required by law. The Trustee shall not be liable for any selections made by it in accordance with the preceding paragraph (including the applicable procedures of DTC). No Notes of $2,000 aggregate principal amount or less can be redeemed in part. In Notices of redemption will be delivered electronically or mailed by first- class mail at least 30 but not more than 60 days before the event redemption date to each Holder of partial redemption, the particular Notes to be redeemed at its registered address, with a copy to the Trustee, in accordance with the applicable procedures of DTC, except that redemption notices may be delivered electronically or purchased will be selected, unless otherwise provided herein, not less than 30 nor mailed more than 60 days prior to a redemption date if the redemption notice is issued in connection with a defeasance of the Notes or purchase date by the Trustee from the outstanding Notes not previously called for redemption or purchasea satisfaction and discharge of this Indenture. The Trustee will promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected will be in amounts of $2,000 or whole multiples of $1,000; except that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed or purchased. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.
Appears in 1 contract
Samples: Indenture (Igate Corp)
Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed pursuant to Section 5.7 or purchased in an Asset Sale Offer pursuant to Section 3.5 or a redemption pursuant to Section 5.93.5, the Trustee will select Notes for redemption or purchase (a) if the Notes are in global form, on a pro rata basis basis, by lot, or by lot or such similar other method in accordance with the applicable procedures of DTC and (b) if the Notes are in definitive formform in their entirety, on a pro rata basis except:
(1subject to adjustments to maintain the authorized Notes denomination requirements) if the Notes are listed on any national securities exchangeor by lot, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or
(2) except if otherwise required by law. No Notes in an unauthorized denomination or of $2,000 in aggregate principal amount or less can shall be redeemed in part. In the event of partial redemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 10 days nor more than 60 days prior to the redemption or purchase date by the Trustee from the outstanding Notes not previously called for redemption or purchase; provided that the Issuer shall provide the Trustee with sufficient notice of such partial redemption to enable the Trustee to select the Notes for partial redemption. The Trustee will promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected will be in minimum principal amounts of $2,000 or and whole multiples of $1,0001,000 in excess of $2,000; except that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not in a minimum principal amount of $2,000 or a multiple of $1,0001,000 in excess thereof, shall be redeemed or purchased. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.
Appears in 1 contract
Samples: Indenture (MICROSTRATEGY Inc)
Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed pursuant to Section 5.7 or purchased in an Asset Sale Disposition Offer pursuant to Section 3.5 or a redemption pursuant to Section 5.95.8, the Trustee Registrar will select Notes for redemption or purchase (a) if the Notes are in global form, on a pro rata basis or by lot or such similar method in accordance with the procedures of DTC and (b) if the Notes are in definitive form, on a pro rata basis (subject to adjustments to maintain the authorized Notes denomination requirements) except:
(1) : if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or
(2) or if otherwise required by law. No Notes in an unauthorized denomination or of $2,000 in aggregate principal amount or less can shall be redeemed in part. In the event of partial redemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the redemption or purchase date by the Trustee Agent from the outstanding Notes not previously called for redemption or purchase. The Trustee Agent will promptly notify the Issuer Company in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected will be in amounts of $2,000 or whole multiples of $1,000; except that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed or purchased. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.
Appears in 1 contract
Samples: Indenture (CHURCHILL DOWNS Inc)
Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed pursuant to Section 5.7 or purchased in an Asset Sale Offer pursuant to Section 3.5 or a redemption pursuant to Section 5.93.5, the Trustee will select Notes for redemption or purchase (a) if the Notes are in global form, on a pro rata basis basis, by lot, or by lot or such similar other method in accordance with the applicable procedures of DTC and (b) if the Notes are in definitive formform in their entirety, on a pro rata basis except:
(1subject to adjustments to maintain the authorized Notes denomination requirements) if the Notes are listed on any national securities exchangeor by lot, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or
(2) except if otherwise required by law. No Notes in an unauthorized denomination or of $2,000 in aggregate principal amount or less can shall be redeemed in part. In the event of partial redemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 10 days nor more than 60 days prior to the redemption or purchase date by the Trustee from the outstanding Notes not previously called for redemption or purchase; provided that the Issuer shall provide the Trustee with sufficient notice of such partial redemption to enable the Trustee to select the Notes for partial redemption. The Trustee will promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected will be in minimum principal amounts of $2,000 or and whole multiples of $1,0001,000 in excess of $2,000; except that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not in a minimum principal amount of $2,000 or a multiple of $1,0001,000 in excess thereof, shall be redeemed or purchased. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.
Appears in 1 contract
Samples: Indenture (CPI Card Group Inc.)
Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed pursuant to Section 5.7 hereof or purchased in an Asset Sale Disposition Offer or a Collateral Disposition Offer pursuant to Section 3.5 hereof or a redemption Change of Control Offer pursuant to Section 5.93.10 hereof, the Trustee will select Notes for redemption or purchase (a) if the Notes are in global form, on a pro rata basis or by lot or such similar method in accordance with the procedures of DTC and (b) if the Notes are in definitive form, on a pro rata basis exceptpurchase:
(1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or;
(2) if the Notes are not listed on any national securities exchange, on a pro rata basis to the extent practicable, or, to the extent that selection on a pro rata basis is not practicable for any reason, by lot or by such other method the Trustee shall deem fair and appropriate and in accordance with the rules of DTC; or
(3) as otherwise required by law. No Notes of $2,000 or less can be redeemed in part. In the event of partial redemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 days nor more than 60 days prior to the redemption or purchase date by the Trustee from the outstanding Notes not previously called for redemption or purchase. The Trustee will promptly notify the Issuer Company in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected will be in amounts of $2,000 or whole multiples of $1,0001,000 in excess thereof; except that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed or purchased. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.
Appears in 1 contract
Samples: Indenture (REV Group, Inc.)
Selection of Notes to Be Redeemed or Purchased. If If, in connection with any redemption of the Notes, less than all of the Notes are to be redeemed pursuant to Section 5.7 5.07 hereof or purchased in an Asset Sale Disposition Offer or a Collateral Disposition Offer pursuant to Section 3.5 3.05 hereof or a redemption Change of Control Offer pursuant to Section 5.93.10 hereof, the Trustee will select Notes for redemption or purchase (a) if the Notes are in global form, on a pro rata basis or by lot or such similar method in accordance with the procedures of DTC and (b) if the Notes are in definitive form, on a pro rata basis exceptas follows:
(1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the notes are listed (for the avoidance of doubt, the Trustee shall have no duty to ensure the Notes are listedproperly listed on any securities exchange; or
(2) if otherwise required the Notes are not listed on any national securities exchange, on a pro rata basis (except that any notes represented by lawa Notes in global form will be selected by such method as DTC, or its nominee or successor may require. No Notes of $2,000 or less can be redeemed in part. In the event of partial redemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 20 nor more than 60 days prior to the redemption or purchase date by the Trustee from the outstanding Notes not previously called for redemption or purchase. The Trustee will promptly notify the Issuer Company in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected will be in amounts of $2,000 or whole multiples of $1,000; except that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed or purchased. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.
Appears in 1 contract
Samples: Indenture (EM Holdings LLC)
Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed pursuant to Section 5.7 or purchased in an Asset Sale Disposition Offer pursuant to Section 3.5 or a redemption pursuant to Section 5.95.8, the Trustee Registrar will select Notes for redemption or purchase (a) if the Notes are in global form, on a pro rata basis or by lot or such similar method in accordance with the procedures of DTC and (b) if the Notes are in definitive form, on a pro rata basis (subject to adjustments to maintain the authorized Notes denomination requirements) except:
(1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or
(2) if otherwise required by law. No Notes in an unauthorized denomination or of $2,000 in aggregate principal amount or less can shall be redeemed in part. In the event of partial redemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 10 nor more than 60 days prior to the redemption or purchase date by the Trustee Agent from the outstanding Notes not previously called for redemption or purchase. The Trustee Agent will promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected will be in amounts of $2,000 or whole multiples of $1,000; except that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed or purchased. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.
Appears in 1 contract
Samples: Indenture (Churchill Downs Inc)
Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed pursuant to Section 5.7 or purchased in an Asset Sale Disposition Offer pursuant to Section 3.5 or a redemption pursuant to Section 5.9, the Trustee will select Notes for redemption or purchase (a) if the Notes are in global form, on a pro rata basis or by lot or such similar method in accordance with the applicable procedures of DTC and (b) if the Notes are in definitive form, on a pro rata basis except:
(1subject to adjustments to maintain the authorized Notes denomination requirements) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or
(2) except if otherwise required by law. No Notes in an unauthorized denomination or of $2,000 in aggregate principal amount or less can shall be redeemed in part. In the event of partial redemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 15 days nor more than 60 days prior to the redemption or purchase date by the Trustee from the outstanding Notes not previously called for redemption or purchase; provided that the Issuer shall provide the Trustee with sufficient notice of such partial redemption to enable the Trustee to select the Notes for partial redemption. The Trustee will promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected will be in amounts of $2,000 or whole multiples of $1,000; except that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed or purchased. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.
Appears in 1 contract
Selection of Notes to Be Redeemed or Purchased. If In the event that less than all of the Notes are to be redeemed pursuant to Section 5.7 or purchased in an Asset Sale Offer pursuant to Section 3.5 or a redemption pursuant to Section 5.9at any time, the Trustee will select selection of Notes for redemption or purchase (a) if shall be made by the Notes are in global form, on a pro rata basis or by lot or such similar method in accordance with the procedures of DTC and (b) if the Notes are in definitive form, on a pro rata basis except:
(1) if the Notes are listed on any national securities exchange, Trustee in compliance with the requirements of the principal national securities exchange exchange, if any, on which the Notes are listedlisted or, if the Notes are not listed on a national securities exchange, on a PRO RATA basis, by lot or by such method as the Trustee will deem fair and appropriate; or
(2) if otherwise required by law. No PROVIDED, HOWEVER, that no Notes of a principal amount of $2,000 1,000 or less can shall be redeemed in part; PROVIDED, FURTHER, HOWEVER, that any such redemption made with the net proceeds of a Public Equity Offering shall be made on a PRO RATA basis or on as nearly a PRO RATA basis as practicable (subject to the procedures of The Depository Trust Company or any other depositary). In Notice of redemption will be mailed by first class mail at least 30 but not more than 60 days before the event redemption date to each Holder of partial redemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the redemption or purchase date by the Trustee from the outstanding Notes not previously called for redemption or purchaseat its registered address. The Trustee will promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of If any Note selected for partial is to be redeemed in part only, the notice of redemption or purchase, that relates to such Note will state the portion of the principal amount thereof to be redeemed or purchasedredeemed. Notes and portions of Notes selected A new Note in a principal amount equal to the unredeemed portion thereof will be issued in amounts of $2,000 or whole multiples of $1,000; except that if all the name of the Notes Holder thereof upon cancellation of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed or purchased. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchaseoriginal Note.
Appears in 1 contract
Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed pursuant to Section 5.7 or purchased in an Asset Sale Disposition Offer pursuant to Section 3.5 or a redemption pursuant to Section 5.93.5, the Trustee will select Notes for redemption or purchase (a) if the Notes are in global form, on a pro rata basis basis, by lot, or by lot or such similar other method in accordance with the applicable procedures of DTC and (b) if the Notes are in definitive formform in their entirety, on a pro rata basis except:
(1subject to adjustments to maintain the authorized Notes denomination requirements) if the Notes are listed on any national securities exchangeor by lot, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or
(2) except if otherwise required by law. No Notes in an unauthorized denomination or of $2,000 in aggregate principal amount or less can shall be redeemed in part. In the event of partial redemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 10 days nor more than 60 days prior to the redemption or purchase date by the Trustee from the outstanding Notes not previously called for redemption or purchase; provided that the Company shall provide the Trustee with sufficient notice of such partial redemption to enable the Trustee to select the Notes for partial redemption. The Trustee will promptly notify the Issuer Company in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected will be in minimum principal amounts of $2,000 or and whole multiples of $1,0001,000 in excess of $2,000; except provided that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not in a minimum principal amount of $2,000 or a multiple of $1,0001,000 in excess thereof, shall be redeemed or purchased. Except as provided in the preceding sentence, the provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.
Appears in 1 contract
Samples: Indenture (TripAdvisor, Inc.)