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

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed (i) if the Notes are listed on an exchange, in compliance with the requirements of such exchange or (ii) if the Notes are not listed on an exchange, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reason, by lot or by such other method as the Trustee shall deem fair and appropriate and otherwise in accordance with the Applicable Procedures. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes of $200,000 or less, may be redeemed in part, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 4 contracts

Samples: Indenture (Benefit Holding, Inc.), Indenture (Iqvia Holdings Inc.), Indenture (Iqvia Holdings Inc.)

AutoNDA by SimpleDocs

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall will select the Notes to be redeemed (i) if the Notes are listed on an exchange, in compliance with the requirements of such exchange or (ii) if the Notes are not listed on an exchange, for redemption on a pro rata basis to the extent practicable, (or, if in the case of Notes issued in global form pursuant to Article 2 hereof, by such method as DTC or its nominee or successor may require or, where such nominee or successor is the Trustee, a method that most nearly approximates pro rata basis is not practicable for any reason, by lot or by such other method selection as the Trustee shall deem deems fair and appropriate and unless otherwise required by law) unless otherwise required by law or applicable stock exchange or depositary requirements. Notwithstanding the foregoing, no Notes of $2,000 or less can be redeemed in accordance with the Applicable Procedurespart. In the event of partial redemption by lot, the particular Notes to be redeemed shall will be selected, unless otherwise provided herein, not less than 10 30 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date redemption date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall will promptly notify the Issuer Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes and portions of Notes selected will be in amounts of $200,000 2,000 or less, may be redeemed whole multiples of $1,000 in part, excess thereof; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 4 contracts

Samples: Indenture (Callon Petroleum Co), Indenture (Callon Petroleum Co), Indenture (RSP Permian, Inc.)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed or purchased at any time, the Trustee shall shall, upon prior written request of the Company, select the Notes to be redeemed or purchased (ia) if the Notes are listed on an exchange, in compliance with the requirements of such exchange or (iib) if the Notes are not listed on an exchange, on a pro rata basis to (or in the extent practicablecase of Notes issued in global form, orin accordance with the Depositary’s prescribed method), if the pro rata basis is not practicable for and in any reason, by lot or by such other method as the Trustee shall deem fair and appropriate and otherwise case in accordance with the Applicable ProceduresProcedures to the extent applicable. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 days nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes of $200,000 2,000 or less, may less can be redeemed or purchased in part, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 4 contracts

Samples: Indenture (Crescent Energy Co), Indenture (Crescent Energy Co), Indenture (Crescent Energy Co)

Selection of Notes to Be Redeemed. If Unless otherwise indicated for a particular Series by a Board Resolution, a supplemental indenture or an Officer’s Certificate, if less than all of the Notes of a Series are to be redeemed or purchased in an offer to purchase at any time, the Trustee shall select the Notes to be redeemed or purchased as follows: (i1) if the Company notifies the Trustee in writing that the Notes are listed on an exchange, in compliance with the requirements of such exchange or exchange; or (ii2) if the Notes are not listed on an exchange, on a pro rata basis to the extent practicable, or, if the a pro rata basis is not practicable or permitted for any reason, by lot or by such other method as the Trustee shall deem fair and appropriate and otherwise in accordance with the Applicable Proceduresmay be prescribed by DTC’s applicable procedures. In the event No Notes of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not $2,000 of principal amount or less than 10 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption andor, in the case of any Note selected for partial redemptionSeries of Notes established in denominations less than $2,000, the principal amount thereof to be redeemed. No Notes or less of $200,000 or less, may such denomination) will be redeemed in part, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall make the selection from Outstanding Notes of a Series not previously called for redemption. If any Note is to be redeemed in part only, the notice of redemption that relates to such Note of the same Series and Stated Maturity Date shall state the portion of the principal amount of that Note to be redeemed. A new Note in principal amount equal to the unredeemed portion of the original Note presented for redemption will be issued in the name of the Holder thereof upon cancellation of the original Note. On and after the redemption date, interest ceases to accrue or accrete on Notes or portions of them called for redemption.

Appears in 3 contracts

Samples: Indenture (Glatfelter Corp), Indenture (Vista Outdoor Inc.), Indenture (Vista Outdoor Inc.)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, such Notes shall be selected for redemption by the Trustee shall select the Notes to be redeemed (i1) if the Notes are listed on an exchangeexchange and such listing is known to the Trustee, in compliance with the requirements of such exchange or in the case of Global Notes, in accordance with customary procedures of the Depositary or (ii2) if the Notes are not listed on an exchange, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reason, by lot or by such other method as most nearly approximates a pro rata basis subject to customary procedures of the Trustee shall deem fair and appropriate and otherwise in accordance with the Applicable ProceduresDepositary. In the event of partial redemption by lot, the particular Such Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee redemption date from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes and portions of Notes selected shall be in minimum amounts of $200,000 or whole multiples of $1,000 in excess thereof; no Notes of $200,000 or less, may less can be redeemed in part, except that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes held by such Holder Holder, even if not a multiple of $1,000, shall be redeemedredeemed or purchased. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall not be responsible for any actions taken or not taken by DTC pursuant to its Applicable Procedures.

Appears in 3 contracts

Samples: Indenture (Viasat Inc), Indenture, Indenture

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed (ia) if the Notes are listed on an exchangea securities exchange (and such listing is known to the Trustee), in compliance with the requirements (with notice of such requirements to the Trustee from the Issuer in writing) of such securities exchange on which such Notes are listed or (iib) if the Notes are not listed on an exchange, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reason, by lot or by such other method as the Trustee shall deem fair and appropriate and otherwise in accordance with subject to the Applicable Procedures. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 30 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes and portions of Notes selected shall be in integral multiples of $1,000 (but in a minimum amount of $2,000) and no Notes of $200,000 2,000 or less, may less can be redeemed in part, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemedredeemed or purchased, even if not in a principal amount of at least $2,000. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 3 contracts

Samples: Indenture (Vivint Smart Home, Inc.), Indenture (APX Group Holdings, Inc.), Indenture (APX Group Holdings, Inc.)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed or purchased at any time, the Trustee shall shall, upon prior written request of the Issuers, select the Notes to be redeemed or purchased (ia) if the Notes are listed on an exchange, in compliance with the requirements of such exchange or (iib) if the Notes are not listed on an exchange, on a pro rata basis to (or in the extent practicablecase of Notes issued in global form, orin accordance with the Depositary’s prescribed method), if the pro rata basis is not practicable for and in any reason, by lot or by such other method as the Trustee shall deem fair and appropriate and otherwise case in accordance with the Applicable ProceduresProcedures to the extent applicable. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 days nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes of $200,000 2,000 or less, may less can be redeemed or purchased in part, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 3 contracts

Samples: Indenture (Vine Energy Inc.), Indenture (Vine Energy Inc.), Indenture (Vine Resources Inc.)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed or purchased at any time, the Trustee shall shall, upon prior written request of the Issuers, select the Notes to be redeemed or purchased (ia) if the Notes are listed on an exchange, in compliance with the requirements of such exchange or (iib) if the Notes are not listed on an exchange, on a pro rata basis to the extent practicable, or, if the a pro rata basis is not practicable for any reason, by lot or by such other method as the Trustee shall deem deems fair and appropriate appropriate, and otherwise in any case in accordance with the Applicable ProceduresProcedures to the extent applicable. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes of $200,000 2,000 or less, may less can be redeemed or purchased in part, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 3 contracts

Samples: Indenture (United States Steel Corp), Indenture (Chobani Inc.), Indenture (Chobani Inc.)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed (ia) if the Notes are listed on an exchange, in compliance with the requirements of such exchange or (iib) if the Notes are not listed on an exchange, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reason, by lot or by such other method as the Trustee shall deem fair and appropriate and otherwise in accordance with the Applicable ProceduresProcedures of the Depositary. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 30 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes of $200,000 2,000 or less, less may be redeemed in part, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 3 contracts

Samples: Indenture (J Crew Group Inc), Indenture (J Crew Group Inc), Restructuring Support Agreement (J Crew Group Inc)

Selection of Notes to Be Redeemed. If less than all of the Notes of any series are to be redeemed or purchased at any time, the Trustee Registrar and Paying Agent shall select the Notes of such series to be redeemed or purchased, (i) if the applicable Notes are listed on an exchangelisted, in compliance with the requirements of such the principal national securities exchange on which the applicable Notes are listed, or (ii) if the applicable Notes are not listed on an exchangeso listed, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reasonbasis, by lot or by such other method as the Trustee shall deem fair and appropriate and otherwise in accordance with the Applicable Procedures. In the event of partial redemption by lotredemption, the particular Notes of such series to be redeemed shall be selected, unless otherwise provided herein, not less than 10 30 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee Registrar and Paying Agent from the outstanding Notes of such series not previously called for redemption. The Trustee Paying Agent and Registrar shall promptly notify the Issuer in writing of the Notes of a series selected for redemption and, in the case of any Note of such series selected for partial redemption, the principal amount thereof to be redeemed. No Notes and portions of Notes of such series selected shall be in amounts of $200,000 2,000 or less, may be redeemed whole multiples of $1,000 in part, excess thereof; except that if all of the Notes of such series of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture or the applicable Officer’s Certificate(s) or supplemental indenture(s) that apply to Notes of a series called for redemption also apply to portions of Notes of such series called for redemption.

Appears in 3 contracts

Samples: Senior Indenture (Aptiv Corp), Subordinated Indenture (Delphi Trade Management, LLC), Senior Indenture (Delphi Trade Management, LLC)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed or purchased at any time, the Trustee shall shall, upon prior written request of the Issuer, select the Notes to be redeemed or purchased (ia) if the Notes are listed on an exchange, in compliance with the requirements of such exchange or (iib) if the Notes are not listed on an exchange, on a pro rata basis to the extent practicable, or, if the a pro rata basis is not practicable for any reason, by lot or by such other method as the Trustee shall deem fair lot, and appropriate and otherwise in any case in accordance with the Applicable ProceduresProcedures to the extent applicable. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes of $200,000 2,000 or less, may less can be redeemed or purchased in part, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 3 contracts

Samples: Indenture (Michaels Companies, Inc.), Indenture (Michaels Companies, Inc.), Indenture (PQ Group Holdings Inc.)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed (ia) if the Notes are listed on an exchangeexchange (if such listing is known to the Trustee), in compliance with the requirements of such exchange or (iib) if the Notes are not listed on an exchange (or it is not known to the Trustee that the Notes are listed on an exchange), on a pro rata basis to the extent practicable, or, if the a pro rata basis is not practicable for any reason, reason by lot or by such other method as the Trustee shall deem fair and appropriate and otherwise in accordance with the Applicable ProceduresProcedures to the extent applicable. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes and portions of Notes selected shall be in minimum denominations of $200,000 2,000 and integral multiples of $1,000 in excess thereof and no Notes in denominations of $2,000 or less, may less can be redeemed in part, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemed, even if not in a principal amount of at least $2,000. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 2 contracts

Samples: Indenture (Change Healthcare Inc.), Indenture (Change Healthcare Inc.)

Selection of Notes to Be Redeemed. If less than all of the Notes of a Series are to be redeemed at any time, such Notes shall be selected for redemption by the Trustee shall select the Notes to be redeemed (i1) if the such Notes are listed on an exchangeexchange and such listing is known to the Trustee, in compliance with the requirements of such exchange or (ii) if in the case of Global Notes, in accordance with customary procedures of the Notes are not listed on an exchange, Depositary or (2) on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reason, by lot or by such other method as the Trustee shall deem considers fair and appropriate and otherwise in accordance with methods generally used at the Applicable Procedurestime of selection by indenture trustees in similar circumstances. In the event of partial redemption by lot, the particular Such Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee redemption date from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes and portions of Notes selected shall be in minimum amounts of $2,000 or integral multiples of $1.00 in excess thereof; no Notes of $200,000 2,000 or less, may less can be redeemed in part, except that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes held by such Holder Holder, even if not a multiple of $1.00, shall be redeemedredeemed or purchased. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall not be responsible for any actions taken or not taken by a Notes Depositary pursuant to its Applicable Procedures.

Appears in 2 contracts

Samples: Indenture (American Airlines, Inc.), Indenture (Delta Air Lines, Inc.)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed or purchased at any time, the Trustee shall shall, upon prior written request of the Issuer, select the Notes to be redeemed or purchased (ia) if the Notes are listed on an exchange, in compliance with the requirements of such exchange or (iib) if the Notes are not listed on an exchange, on a pro rata basis to the extent practicable, or, if the a pro rata basis is not practicable for any reason, by lot or by such other method as the Trustee shall deem deems fair and appropriate appropriate, and otherwise in any case in accordance with the Applicable ProceduresProcedures to the extent applicable. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 30 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemption. The In the case of the redemption of Definitive Notes, the Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes of $200,000 2,000 or less, may less can be redeemed or purchased in part, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 2 contracts

Samples: Indenture (Alliant Energy Corp), Indenture (Alliant Energy Corp)

Selection of Notes to Be Redeemed. If Unless otherwise indicated for a particular Series in the Board Resolution, Officer’s Certificate or supplemental indenture under which such Series of Notes is issued or in the form of Note for such Series, if less than all of the Notes of a Series are to be redeemed at any time, the Trustee shall Registrar will select or cause to be selected the Notes of such Series to be redeemed (i) if the Notes are listed on an exchange, in compliance with the requirements of such exchange or (ii) if the Notes are not listed on an exchange, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reason, or by lot basis unless otherwise required by law or by such other method as the Trustee shall deem fair and appropriate and otherwise in accordance with the Applicable Proceduresapplicable stock exchange or Depositary requirements. In the event of partial redemption by lot, the particular Notes of a Series to be redeemed shall will be selected, unless otherwise provided herein, not less than 10 nor days (except in the event the Redemption Date is delayed or such shorter period as a result of any condition precedent to the occurrence thereof not being satisfied or waived may be permitted by the IssuerTrustee) but not more than 60 days prior to the Redemption Date redemption date by the Trustee from the outstanding Notes of such Series not previously called for redemption. The Trustee shall will promptly notify the Issuer in writing of the Notes of a Series selected for redemption and, in the case of any Note of such Series selected for partial redemption, the principal amount thereof to be redeemed. No Notes of a Series and portions of Notes of a Series selected will be in minimum amounts of $200,000 or less2,000 and integral multiples of $1,000 in excess thereof or, may be redeemed with respect to Notes of any Series issuable in partother denominations pursuant to Section 2.02(i), the minimum principal denomination for each Series and integral multiples thereof; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes of such Series held by such Holder Holder, even if not in compliance with the foregoing, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes of a Series called for redemption also apply to portions of Notes of that Series called for redemption.

Appears in 2 contracts

Samples: Indenture (T-Mobile Innovations LLC), Indenture (T-Mobile US, Inc.)

Selection of Notes to Be Redeemed. If In the event that less than all of the Notes are to be redeemed at any time, selection of such Notes for redemption will be made by the Trustee shall select the Notes to be redeemed (i) if the Notes are listed on an exchange, in compliance with the requirements of the principal national securities exchange, if any, on which such exchange or Notes are listed (iisubject to DTC procedures) or, if the such Notes are not then listed on an a national securities exchange, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reasonbasis, by lot or by such other method as the Trustee shall deem fair and appropriate and otherwise appropriate; provided, however, that no Notes of a principal amount of $1,000 or less shall be redeemed in accordance part; provided, further, however, that if a partial redemption is made with the Applicable Proceduresproceeds of a Public Equity Offering, selection of the Notes or portions thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to DTC procedures), unless such method is otherwise prohibited. In Notice of redemption shall 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 by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemptionat its registered address. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of If any Note selected for partial redemptionis to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. No Notes of $200,000 or less, may A new Note in a principal amount equal to the unredeemed portion thereof will be redeemed issued in part, except that if all the name of the Holder thereof upon cancellation of the original Note. On and after the Redemption Date, interest will cease to accrue on Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes or portions thereof called for redemption also apply to portions as long as the Company has deposited with the Paying Agent funds in satisfaction of Notes called for redemptionthe applicable Redemption Price.

Appears in 2 contracts

Samples: Indenture (3003969 Nova Scotia LTD), Indenture (Sickinger Co)

Selection of Notes to Be Redeemed. (a) If less than all of the Notes of a series are to be redeemed at any time, the Trustee shall select the Notes of such series to be redeemed among the Holders of the Notes on a pro rata basis, by lot or in accordance with any other method the Trustee deems fair and appropriate (i) subject to the procedures of DTC or any other Depositary and by maintaining the authorized denominations for the Notes), or, if the Notes of such series are listed on an any securities exchange, in compliance by any other method that complies with the requirements of such exchange or (ii) if the Notes are not listed on an exchange, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reason, by lot or by such other method as the Trustee shall deem fair and appropriate and otherwise in accordance with the Applicable Procedures. In the event of partial redemption by lot, the particular Notes of such series to be redeemed shall be selected, unless otherwise provided herein, not less than 10 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days selected prior to the Redemption Date giving a notice of such redemption by the Trustee from the outstanding Notes of such series not previously called for redemption. . (b) The Trustee shall promptly notify the Issuer Company in writing of the Notes of the applicable series selected for redemption and, in the case of any Note of such series selected for partial redemption, the principal amount at maturity thereof to be redeemed. No Notes of any series in amounts of $200,000 2,000 or less, may less shall be redeemed in part, . The Trustee may select for redemption portions of the principal of Notes of any series that have denominations larger than $1,000. Notes and portions of Notes selected shall be in amounts of $1,000 or whole multiples of $1,000 in excess thereof; except that if all of the a Holder’s Notes of a Holder series are to be redeemed, the entire outstanding amount of Notes of such series held by such Holder Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes of a series called for redemption also apply to portions of Notes of such series called for redemption.

Appears in 2 contracts

Samples: Indenture (California Resources Corp), Indenture (Occidental Petroleum Corp /De/)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed or purchased at any time, the Trustee shall select the Notes to be redeemed or purchased (ia) if the Notes are listed on an exchange, shall be redeemed or purchased in compliance with the requirements of such exchange or (iib) if the Notes are not listed on an exchangeexchange and are Global Notes, shall be redeemed or purchased in accordance with the Applicable Procedures, or (c) if the Notes are Definitive Notes, shall be redeemed or purchased on a pro rata basis to the extent practicable, or, if the a pro rata basis is not practicable for any reason, by lot or by such other method as the Trustee shall deem fair and appropriate and otherwise in accordance with the Applicable Procedureslot. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemption. The In the case of the redemption of Definitive Notes, the Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes of $200,000 2,000 or less, may less can be redeemed or purchased in part, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 2 contracts

Samples: Indenture (Alliant Energy Corp), Indenture (Alliant Energy Corp)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed (ia) if the Notes are listed on an exchangelisted, in compliance with the requirements of such the principal national securities exchange on which the Notes are listed, or (iib) if the Notes are not listed on an exchangeso listed, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reason, by lot or by such other method as the Trustee shall deem fair and appropriate and otherwise in accordance with the Applicable Procedures. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 30 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes of $200,000 2,000 or less, may less can be redeemed in part, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 2 contracts

Samples: Indenture (Carters Inc), Indenture (Carters Inc)

Selection of Notes to Be Redeemed. If less fewer than all of the Notes are to be redeemed at any timeNotes pursuant to Paragraph [ ] of the Notes, the Trustee shall select the Notes to be redeemed (i1) if the Notes are listed on an exchange, in compliance with the requirements of the principal national securities exchange, if any, on which such exchange Notes are listed or (ii2) if the such Notes are not then listed on an a national securities exchange, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reasonbasis, by lot or by in such other method as the Trustee shall deem fair and appropriate manner determined at the discretion of the Trustee; provided that no partial redemption will reduce the principal amount at maturity of a Note not redeemed to less than $1,000; and otherwise in accordance provided, further, that if a partial redemption is made with the Applicable Procedures. In proceeds of an Equity Offering then the event selection of partial the Notes or portions thereof for redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless such method is prohibited. The Trustee shall make the selection from the Notes outstanding Notes and not previously called for redemption. The Trustee redemption and shall promptly notify the Issuer Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof thereof, to be redeemed. No Notes in denominations of $200,000 or less, 1,000 may be redeemed only in part, except that if all whole. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the Notes of a Holder are to be redeemed, the entire outstanding amount principal of Notes held by such Holder shall be redeemedthat have denominations larger than $1,000. Except as provided in the preceding sentence, provisions Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 2 contracts

Samples: Indenture (Golfsmith International Holdings Inc), Credit Agreement (Golfsmith International Holdings Inc)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed (ia) if the Notes are listed on an exchangeany national securities exchange (and such listing is known to the Trustee), in compliance with the requirements of the principal national securities exchange on which such exchange Notes are listed or (iib) if the Notes are not listed on an exchange, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reason, by lot or by such other method as the Trustee shall deem fair and appropriate and otherwise in accordance with the Applicable Procedures. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 30 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes of $200,000 2,000 or less, may less can be redeemed in part, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemedredeemed or purchased, even if not in a principal amount of at least $2,000. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 2 contracts

Samples: Indenture (TC3 Health, Inc.), Indenture (TC3 Health, Inc.)

Selection of Notes to Be Redeemed. (a) If less than all of the Notes are to be so redeemed at any timepursuant to Section 3.07, the Trustee shall select the Notes or portions thereof to be redeemed (i1) if the Notes are listed on an any national securities exchange, in compliance with the requirements of such the principal national securities exchange on which the Notes are listed or (ii2) if the Notes are not listed on an exchangeso listed, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reasonbasis, by lot or by such other method as the Trustee shall deem fair and appropriate and otherwise appropriate, subject to applicable DTC procedures in accordance with the Applicable Procedurescase of Global Notes. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 30 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee redemption date from the then outstanding Notes not previously called for redemption. . (b) The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes and portions of Notes selected shall be in amounts of $2,000 and whole multiples of $1,000 in excess thereof; no Notes of $200,000 2,000 or less, may less shall be redeemed in part, except that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes held by such Holder Holder, even if not $2,000 or a multiple of $1,000 in excess thereof, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. (c) After the redemption date, upon surrender of a Note to be redeemed in part only, a new Note or Notes in principal amount equal to the unredeemed portion of the original Note representing the same Indebtedness to the extent not redeemed shall be issued in the name of the Holder of the Notes upon cancellation of the original Note (or appropriate book entries shall be made to reflect such partial redemption).

Appears in 2 contracts

Samples: Indenture (Square, Inc.), Indenture (Square, Inc.)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall will select the Notes to be redeemed (i) if the Notes are listed on an exchange, in compliance with the requirements of such exchange or (ii) if the Notes are not listed on an exchange, for redemption on a pro rata basis to the extent practicable, (or, if in the case of Notes issued in global form pursuant to Article 2 hereof, by such method as DTC or its nominee or successor may require or, where such nominee or successor is the Trustee, a method that most nearly approximates pro rata basis is not practicable for any reason, by lot or by such other method selection as the Trustee shall deem deems fair and appropriate and unless otherwise required by law) unless otherwise required by law or applicable stock exchange or depositary requirements. Notwithstanding the foregoing, no notes of $2,000 or less can be redeemed in accordance with the Applicable Procedurespart. In the event of partial redemption by lot, the particular Notes to be redeemed shall will be selected, unless otherwise provided herein, not less than 10 30 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date redemption date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall will promptly notify the Issuer Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes and portions of Notes selected will be in amounts of $200,000 2,000 or less, may be redeemed whole multiples of $1,000 in part, excess thereof; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 2 contracts

Samples: Indenture (Jones Energy, Inc.), Indenture (Jones Energy, Inc.)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee Paying Agent shall select the Notes to be redeemed (i) if the Notes are listed on an exchange, in compliance with the requirements of such exchange the principal national securities exchange, if any, on which the Notes are listed as certified to the Paying Agent by the Issuers, or (ii) if the Notes are not so listed on an exchangeor such exchange prescribes no method of selection, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reasonbasis, by lot or by such other method as the Trustee Paying Agent shall deem fair and appropriate and otherwise in accordance such manner as complies with the Applicable Procedures. In Neither the event of partial redemption by lot, Trustee nor the particular Notes to be redeemed Paying Agent shall be selected, unless otherwise provided herein, not less than 10 nor liable for any selection made by it in accordance with this paragraph (except in including the event procedures of the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemptionrelevant depositaries). The Trustee shall promptly notify the Issuer Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes and portions of Notes selected shall be in amounts of $200,000 or less, may and any integral multiple of $1,000 in excess thereof; no Note of less than $200,000 can be redeemed in part, except that that, if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder Holder, even if not a principal amount of at least $200,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 2 contracts

Samples: Indenture (Organon & Co.), Indenture (Organon & Co.)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any timeredeemed, the Trustee shall select the Notes to be redeemed PRO RATA or by lot, or by any other method the Trustee considers fair and appropriate (i) if so long as such method is not prohibited by the rules of any stock exchange on which the Notes are listed on an exchange, in compliance with the requirements of such exchange or (ii) if the Notes are not listed on an exchange, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reason, by lot or by such other method as the then listed). The Trustee shall deem fair and appropriate and otherwise in accordance with make the Applicable Procedures. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, selection at least 35 but not less than 10 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to before the Redemption Date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer in writing may select for redemption portions of the principal amounts of Notes selected for redemption and, that have denominations larger than $1,000. Notes and portions of them the Trustee selects shall be in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes amounts of $200,000 1,000 or less, may be redeemed in part, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemedan integral multiple thereof. Except as provided in the preceding sentence, provisions Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall notify the Company promptly, but not less than 35 days before the Redemption Date, of the Notes or portions of Notes to be redeemed. If any Note selected for partial redemption is thereafter surrendered for conversion in part before termination of the conversion right with respect to the portion of the Note so selected, the converted portion of such Note shall be deemed (so far as may be), solely for purposes of determining the aggregate principal amount of Notes to be redeemed by the Company, to be the portion selected for redemption. Notes that have been converted during a selection of Notes to be redeemed may be treated by the Trustee as outstanding for the purpose of such selection. Nothing in this Section 3.2 shall affect the right of any Holder to convert any Note pursuant to Article XIV before the termination of the conversion right with respect thereto.

Appears in 2 contracts

Samples: Indenture (Dura Pharmaceuticals Inc/Ca), Indenture (Dura Pharmaceuticals Inc/Ca)

Selection of Notes to Be Redeemed. If In the event that less than all of the Notes are to be redeemed at any time, selection of such Notes for redemption will be made by the Trustee shall select in compliance with any applicable requirements of the Notes to be redeemed (i) principal national securities exchange, if any, on which the Notes are listed on an exchangeor, in compliance with the requirements of such exchange or (ii) if the Notes are not then listed on an exchangea national securities exchange (or if the Notes are so listed but the exchange does not impose requirements with respect to the selection of debt securities for redemption), by such method as the Trustee in its sole discretion shall deem fair and appropriate; provided, however, that any redemption pursuant to the provisions relating to redemptions from the proceeds of (a) one or more Public Equity Offerings and/or (b) the sale of Capital Stock (other than Disqualified Stock) to Strategic Equity Investors shall be made on a pro rata basis to the extent practicable, or, if the or on as nearly a pro rata basis is not as practicable for any reason, by lot (subject to the Depository's procedures). No Notes of a principal amount of $1,000 or by such other method as the Trustee less shall deem fair and appropriate and otherwise in accordance with the Applicable Procedures. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemptionpart. The Trustee shall promptly notify the Issuer Company and the Registrar and each co-Registrar in writing of the Notes selected for redemption and, in the case of any Note Notes selected for partial redemption, the principal amount thereof to be redeemed. No For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of $200,000 any Note redeemed or less, may to be redeemed only in part, except that if all to the portion of the Notes principal amount of a Holder are such Note which has been or is to be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 2 contracts

Samples: Indenture (Rhythms Net Connections Inc), Indenture (Rhythms Net Connections Inc)

Selection of Notes to Be Redeemed. If Subject to DTC requirements, if less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed (ia) if the Notes are listed on an exchange, in compliance with the requirements of such exchange or (iib) if the Notes are not listed on an exchange, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reason, by lot or by such other method as the Trustee shall deem fair and appropriate and otherwise in accordance with the Applicable Procedures. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 30 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes of $200,000 2,000 or less, may less can be redeemed in part, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemedredeemed or purchased, even if not in a principal amount of at least $2,000. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 2 contracts

Samples: Indenture (Prestige Brands Holdings, Inc.), Indenture (Prestige Brands Holdings, Inc.)

Selection of Notes to Be Redeemed. If less than all of the Notes of any series, or any Tranche thereof, are to be redeemed at any timeredeemed, the Trustee shall select the particular Notes to be redeemed (i) if shall be selected by the Trustee from the Outstanding Notes are listed on an exchange, in compliance with the requirements of such exchange series or (ii) if the Notes are Tranche not listed on an exchangepreviously called for redemption, on a pro rata basis to the extent practicableby such method as shall be provided for any particular series, or, if in the pro rata basis is not practicable for absence of any reasonsuch provision, by lot or by such other method of random selection as the Trustee shall deem fair and appropriate and otherwise which may, in accordance with any case, provide for the Applicable Procedures. In selection for redemption of portions (equal to the event minimum authorized denomination for Notes of partial redemption by lotsuch series or Tranche or any integral multiple thereof) of the principal amount of Notes of such series or Tranche of a denomination larger than the minimum authorized denomination for Notes of such series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, the particular Company shall have offered to purchase all or any principal amount of the Notes to be redeemed shall be selectedthen Outstanding of any series, unless otherwise provided hereinor any Tranche thereof, not and less than 10 nor (except in the event the Redemption Date is delayed all of such Notes as a result of any condition precedent to which such offer was made shall have been tendered to the occurrence thereof Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Notes which have not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemptionbeen so tendered. The Trustee shall promptly notify the Issuer Note Registrar in writing of the Notes selected for redemption and, in the case of any Note Notes selected for partial redemptionto be redeemed in part, the principal amount thereof to be redeemed. No For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of $200,000 any Notes redeemed or less, may to be redeemed only in part, except that if all to the portion of the principal amount of such Notes of a Holder are which has been or is to be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 2 contracts

Samples: Indenture (For Senior Notes) (Carolina Power & Light Co), Indenture (Southern Indiana Gas & Electric Co)

Selection of Notes to Be Redeemed. (a) If less than all of the Notes are to be redeemed or purchased in an offer to purchase at any time, the Trustee shall select the Notes to be redeemed for redemption or purchase as follows: (i1) if the Notes are listed on an any national securities exchange, in compliance with the requirements of such the principal national securities exchange on which the Notes are listed as certified to the Trustee by the Company, and in compliance with the requirements of DTC; or (ii2) if the Notes are not listed on an any national securities exchange, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reason(based on amounts tendered), by lot or by such other method as the Trustee shall deem deems fair and appropriate and otherwise in accordance with the Applicable ProceduresDTC procedures subject to adjustments so that no Notes in an unauthorized denomination remains outstanding after such redemption. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date redemption date by the Trustee from the outstanding Notes not previously called for redemption. . (b) The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount at maturity thereof to be redeemed. No Notes in amounts of $200,000 2,000 or less, may less shall be redeemed in part, . Notes and portions of Notes selected shall be in amounts of $2,000 or integral multiples of $1,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 2 contracts

Samples: Indenture (Geo Group Inc), Indenture (Geo Group Inc)

Selection of Notes to Be Redeemed. If In the event that less than all of the Notes are to be redeemed at any time, selection of such Notes for redemption will be made by the Trustee shall select the Notes to be redeemed (i) if the Notes are listed on an exchange, in compliance with the requirements of the principal national securities exchange, if any, on which such exchange or (ii) Notes are listed or, if the such Notes are not then listed on an a national securities exchange, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reasonPRO RATA basis, by lot or by such other method as the Trustee shall deem fair and appropriate and otherwise appropriate; PROVIDED, HOWEVER, that no Notes of a principal amount of U.S. $1,000 or less shall be redeemed in accordance part; PROVIDED, FURTHER, that if a partial redemption is made with the Applicable Proceduresproceeds of a Public Equity Offering, selection of the Notes or portions thereof for redemption shall be made by the Trustee only on a PRO RATA basis or on as nearly a PRO RATA basis as is practicable (subject to DTC procedures), unless such method is otherwise prohibited. In Notice of redemption shall 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 by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemptionat its registered address. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of If any Note selected for partial redemptionis to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. No Notes of $200,000 or less, may A new Note in a principal amount equal to the unredeemed portion thereof will be redeemed issued in part, except that if all the name of the Holder thereof upon cancellation of the original Note. On and after the redemption date, interest will cease to accrue on Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes or portions thereof called for redemption also apply as long as the Company has deposited with the Paying Agent funds in satisfaction of the applicable redemption price pursuant to portions of Notes called for redemptionthis Indenture.

Appears in 2 contracts

Samples: Indenture (Power Ten), Indenture (Town Sports International Inc)

Selection of Notes to Be Redeemed. If less than all In case of a partial redemption, selection of the Notes are to or portions thereof for redemption shall be redeemed at any time, made by the Trustee by lot, pro rata or in such --- ---- manner as it shall select deem appropriate and fair and in such manner as complies with any applicable legal requirements; provided, however, that if a partial -------- ------- redemption is made with the proceeds of an Equity Offering, selection of the Notes to or portion thereof for redemption shall be redeemed (i) if made by the Notes are listed on an exchange, in compliance with the requirements of such exchange or (ii) if the Notes are not listed on an exchange, Trustee only on a pro rata basis to the extent practicablebasis, or, if the pro rata basis unless such method is not practicable for any reasonotherwise prohibited. Notes may be --- ---- redeemed in part in multiples of $1,000 principal amount only. Notice of redemption will be sent, by lot or by such other method as the Trustee shall deem fair first-class mail, postage prepaid, at least 30 days and appropriate and otherwise in accordance with the Applicable Procedures. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer in writing of the Notes selected date fixed for redemption and, in to each Holder whose Notes are to be redeemed at the case of last address for such Holder then shown on the registry books. If any Note selected for partial redemptionis to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. No Notes of $200,000 or less, may A new Note in principal amount equal to the unredeemed portion thereof will be redeemed issued in part, except that if all the name of the Holder thereof upon cancellation of the original Note. On and after any redemption date, interest will cease to accrue on the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes or part thereof called for redemption also apply as long as the company has deposited with the Paying Agent funds in satisfaction of the redemption price pursuant to portions of Notes called for redemptionthis Indenture.

Appears in 2 contracts

Samples: Indenture (Therma Wave Inc), Indenture (Therma Wave Inc)

Selection of Notes to Be Redeemed. If less than all of the Notes of any series are to be redeemed or purchased at any time, the Trustee Registrar and Paying Agent shall select the Notes of such series to be redeemed or purchased, (i) if the applicable Notes are listed on an exchangelisted, in compliance with the requirements of such the principal national securities exchange on which the applicable Notes are listed, or (ii) if the applicable Notes are not listed on an exchangeso listed, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reasonbasis, by lot or by such other method as the Trustee shall deem fair and appropriate and otherwise in accordance with the Applicable Procedures. In the event of partial redemption by lotredemption, the particular Notes of such series to be redeemed shall be selected, unless otherwise provided herein, not less than 10 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee Registrar and Paying Agent from the outstanding Notes of such series not previously called for redemption. The Trustee Paying Agent and Registrar shall promptly notify the Issuer Company in writing of the Notes of a series selected for redemption and, in the case of any Note of such series selected for partial redemption, the principal amount thereof to be redeemed. No Notes and portions of Notes of such series selected shall be in amounts of $200,000 or less, may be redeemed whole multiples of $1,000 in part, excess thereof; except that if all of the Notes of such series of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture or the applicable Officer’s Certificate(s) or supplemental indenture(s) that apply to Notes of a series called for redemption also apply to portions of Notes of such series called for redemption.

Appears in 2 contracts

Samples: Senior Indenture (Aptiv Corp), Subordinated Indenture (Aptiv Corp)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed (i) if the Notes are listed on an exchange, in compliance with the requirements of such exchange or (ii) if the Notes are not listed on an exchange, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reason, by lot or by such other method as the Trustee shall deem fair and appropriate and otherwise in accordance with the Applicable Procedures. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes of $200,000 €100,000 or less, may be redeemed in part, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 2 contracts

Samples: Indenture (Iqvia Holdings Inc.), Indenture (Quintiles IMS Holdings, Inc.)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall will select the Notes to be redeemed (i) if the Notes are listed on an exchange, in compliance with the requirements of such exchange or (ii) if the Notes are not listed on an exchange, for redemption on a pro rata basis to the extent practicable, (or, if in the case of Notes issued in global form pursuant to Article 2 hereof, by such method as DTC or its nominee or successor may require or, where such nominee or successor is the Trustee, a method that most nearly approximates pro rata basis is not practicable for any reason, by lot or by such other method selection as the Trustee shall deem deems fair and appropriate and unless otherwise required by law) unless otherwise required by law or applicable stock exchange or depositary requirements. Notwithstanding the foregoing, no Notes of $2,000 or less can be redeemed in accordance with the Applicable Procedurespart. In the event of partial redemption by lot, the particular Notes to be redeemed shall will be selected, unless otherwise provided herein, not less than 10 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date redemption date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall will promptly notify the Issuer Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes and portions of Notes selected will be in amounts of $200,000 2,000 or less, may be redeemed whole multiples of $1,000 in part, excess thereof; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 2 contracts

Samples: Indenture (Callon Petroleum Co), Indenture (Callon Petroleum Co)

Selection of Notes to Be Redeemed. (a) If less than all of the Notes are to be redeemed or purchased at any time, the Trustee shall select the Notes to be redeemed or purchased, (i) if the Notes are listed on an exchangelisted, in compliance with the requirements of such the principal national securities exchange on which the Notes are listed, or (ii) if the Notes are not listed on an exchangeso listed, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reasonbasis, by lot or by such other method as the Trustee shall deem to be fair and appropriate (and otherwise in accordance with the Applicable Proceduresprocedures of Euroclear or Clearstream). In the event of partial redemption by lotredemption, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 30 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee Trustee, unless a shorter notice period shall be agreed to by the Trustee, from the outstanding Notes not previously called for redemption. . (b) The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes and portions of $200,000 Notes selected shall be in amounts of €100,000 or less, may be redeemed in part, whole multiples of €1,000 thereafter; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder Holder, even if not a multiple of €1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 2 contracts

Samples: Indenture (Dana Inc), Indenture (Dana Inc)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed (i) if the Notes are listed on an exchange, in compliance with the requirements of such exchange or (ii) if the Notes are not listed on an exchange, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reason, by lot or by such other method as the Trustee shall deem fair and appropriate and otherwise in accordance with the Applicable Procedures. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes of $200,000 2,000 or less, may be redeemed in part, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 2 contracts

Samples: Indenture (Benefit Holding, Inc.), Indenture (Iqvia Holdings Inc.)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed (ia) if the Notes are listed on an exchangea securities exchange (and such listing is known to the Trustee), in compliance with the requirements of such exchange on which such Notes are listed or (iib) if the Notes are not listed on an exchange, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reason, by lot or by such other method as the Trustee shall deem fair and appropriate and otherwise in accordance with the Applicable ProceduresProcedures in minimum denominations of $2,000 and increments of $1,000 in excess thereof. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 30 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes and portions of Notes selected shall be in integral multiples of $1,000 (but in a minimum amount of $2,000) and no Notes of $200,000 2,000 or less, may less can be redeemed in part, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemed, even if not in a principal amount of at least $2,000. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Indenture (Hilton Worldwide Holdings Inc.)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed for redemption as follows: (i1) if the any Notes are listed on an exchangelisted, in compliance with the requirements of such the principal securities exchange or on which the Notes are listed, as certified to the Trustee by the Company, and in compliance with the requirements of DTC; or (ii1) if the Notes are not so listed on an exchangeor such exchange prescribes no method of selection and the Notes are not held through DTC or DTC prescribes no method of selection, on a pro rata basis basis, subject to the extent practicable, or, if the pro rata basis is not practicable for any reasonadjustment as described below, by lot or by such in accordance with any other method as the Trustee shall deem fair and appropriate and otherwise in accordance with the Applicable Proceduresappropriate. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided hereinin this Indenture, not less than 10 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date redemption date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes and portions of Notes selected shall be in amounts of $200,000 2,000 or less, may be redeemed whole multiples of $1,000 in part, excess thereof; except that if all of the a Holder’s Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Supplemental Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Third Supplemental Indenture (W R Grace & Co)

Selection of Notes to Be Redeemed. (a) Within ten (10) days after receipt by the Trustee of the Company Redemption Notice, the Trustee, in the Company's name and at the Company's expense, shall notify each then record holder of Notes (each, a "RECORD HOLDER") of the Company's proposal to redeem up to the Proposed Redemption Amount and shall instruct, in reasonable detail, each such Record Holder to cause the Trustee to be notified within the twenty (20) days after such Record Holder's receipt of the Trustee Notification (such 20-day period, the "ACCEPTANCE PERIOD"), in accordance with the applicable procedures of the Depository (which may necessitate the establishment by the Company of a Record Date), as to (A) whether each beneficial owner of Notes in respect of whom such Record Holder holds Notes in street name or otherwise (each, a "Beneficial Holder" and, collectively, the "Beneficial Holders") objects to such redemption, and (B) if such Beneficial Holder does not so object, the maximum aggregate principal amount of Notes held of record by such Beneficial Holder that such Beneficial Holder would voluntarily have redeemed by the Company in connection with such Company Redemption Notice (the "VOLUNTARY REDEMPTION AMOUNT"(such notice from the Trustee to the Record Holders, the "TRUSTEE NOTIFICATION"). (b) If the Proposed Redemption Amount is less than all the aggregate principal amount of the Notes are to be redeemed at any timethen outstanding, the Trustee shall select the Notes to be redeemed (i) if the Notes are listed on an exchange, in compliance with the requirements of such exchange or (ii) if the Notes are not listed on an exchange, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reason, by lot or by such other method as the Trustee shall deem fair and appropriate and otherwise in accordance with the Applicable Procedures. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify redemption as follows: (i) if the Issuer sum of all Voluntary Redemption Amounts (such sum, the "TOTAL VOLUNTARY REDEMPTION AMOUNT") in writing respect of the Notes selected for applicable redemption andexceeds the Proposed Redemption Amount, then, in respect of each Beneficial Holder, such amount of such Beneficial Holder's then outstanding Notes as is equal to the case product of any Note selected for partial redemption(x) the Proposed Redemption Amount multiplied by (y) a fraction, the principal numerator of which is such Beneficial Holder's Voluntary Redemption Amount and the denominator of which is the Total Voluntary Redemption Amount; and (ii) if the Total Voluntary Redemption Amount is less than the Proposed Redemption Amount, then, in respect of each Beneficial Holder, (A) first, such Beneficial Holder's Voluntary Redemption Amount, if any, and (B) then, such amount thereof of such Beneficial Holder's then remaining outstanding Notes (the "REMAINING NOTES AMOUNT"), if any, as is equal to be redeemed. No Notes the product of $200,000 or less, may be redeemed in part, except that if all of (x) the Notes of Proposed Redemption Amount less the Total Voluntary Redemption Amount multiplied by (y) a Holder are to be redeemedfraction, the entire outstanding amount numerator of which is such Beneficial Holder's Remaining Notes held by such Holder shall be redeemedAmount, if any, and the denominator or which is the sum of all Remaining Notes Amounts in respect of all Beneficial Holders). Except as provided in the preceding sentence, provisions Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall notify the Company promptly of the Notes or portions of Notes to be redeemed. (c) For purposes of Section 3.02(a), the Trustee Notification shall be deemed to have been received on the fifth Business Day after deposit in the mails, pursuant to the requirements of Section 12.02, and each Beneficial Holder not responding within the Acceptance Period or whose response shall not clearly provide the information required in such response shall be conclusively deemed to have objected to the applicable redemption.

Appears in 1 contract

Samples: Indenture (Loral Orion Inc)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed in an offer to purchase at any time, the Trustee Registrar shall select the Notes to be redeemed (ia) if the such Notes are listed on an any national securities exchange, in compliance with the requirements of the principal national securities exchange on which such exchange Notes are listed or (iib) if the Notes are not listed on an exchange, on a pro rata basis to the extent practicable, practicable or, if to the extent that selection on a pro rata basis is not practicable for any reason, by lot or by such other method as the Trustee Registrar shall deem fair and appropriate and otherwise in accordance with or as required by the Applicable ProceduresProcedures of the Depositary. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 15 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee Registrar from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes and portions of Notes selected shall be in amounts of $2,000 or integral multiples of $1,000; no Notes of $200,000 2,000 or less, may less can be redeemed in part, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder Holder, even if not in a principal amount of at least $2,000 or an integral multiple of $1,000, shall be redeemed. 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.

Appears in 1 contract

Samples: Indenture (RR Donnelley & Sons Co)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall shall, unless otherwise set forth herein, select the Notes to be redeemed (i) if among the Holders of the Notes are listed on an exchange, in compliance with the requirements of such exchange or (ii) if the Notes are not listed on an exchange, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reasonrata, by lot or by such other in accordance with a method as which the Trustee shall deem considers to be fair and appropriate (and otherwise in accordance such manner as complies with the Applicable Proceduresapplicable legal, principal national securities exchanges and depositary requirements, if any). In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 30 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date redemption date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer Company and the Registrar (if other than the Trustee) in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount at maturity thereof to be redeemed. No Notes and portions of them selected shall be in face amounts of $200,000 1,000 or less, may be redeemed in part, except that if all whole multiples of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemed$1,000. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. In the event the Company is required to make an Asset Sale Offer pursuant to Section 3.9 and Section 4.14, and the amount of the Net Proceeds from the Asset Sale is not evenly divisible by $1,000, the Trustee shall promptly refund to the Company the portion of such Excess Proceeds that is not necessary to purchase the immediately lesser principal amount of Notes that is so divisible.

Appears in 1 contract

Samples: Indenture (Telehub Communications Corp)

Selection of Notes to Be Redeemed. If the Company elects to redeem less than all of the Notes are pursuant to be redeemed at any timethe optional redemption provisions of Section 11.08 hereof, the Trustee shall select the Notes to be redeemed (i) if the Notes are listed on an exchange, in compliance with the requirements of such exchange or (ii) if the Notes are not listed on an exchange, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reason, by lot or by such other method as the Trustee shall deem fair and appropriate and otherwise in accordance with the Applicable Procedures. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selectedpro rata or by lot or in accordance with any other method the Trustee considers fair and appropriate (and in such manner as complies with applicable legal and stock exchange requirements, unless otherwise if any), provided herein, not less than 10 nor (except that in the event the Redemption Date is delayed that a Holder would be required to hold Notes with an aggregate principal amount of less than $100,000 but more than an aggregate principal amount of zero as a result of a redemption of the Notes in part, the Company shall redeem Notes of each such Holder so that after such redemption such Holder shall hold Notes either with an aggregate principal amount of at least $100,000 or such Holder no longer holds any condition precedent to Notes, and provided, further, that any such proration may be made on the occurrence basis of the aggregate principal amount of Notes held by each Holder thereof and may be made by making such adjustments as the Company deems fair and appropriate in order that only Notes in denominations of $1,000 or integral multiples thereof shall be redeemed. The Trustee shall make the selection not being satisfied or waived by the Issuer) more less than 60 30 days prior to before the Redemption Date by the Trustee from the outstanding Notes Outstanding not previously called for redemption. The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes and portions of Notes selected shall be in the amount of $200,000 1,000 or lesswhole multiples thereof. For all purposes of this Indenture, may unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, except that if all to the portion of the Notes principal of a Holder are such Note which has been or is to be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Indenture (Hawthorne Financial Corp)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed or purchased at any time, the Trustee shall shall, upon prior written request of the Issuer, select the Notes to be redeemed or purchased (ia) if the Notes are listed on an exchange, in compliance with the applicable requirements of such exchange or (iib) if the Notes are not listed on an exchange, on a pro rata basis to the extent practicable, or, if the a pro rata basis is not practicable for any reason, by lot or by such other method as the Trustee shall deem deems fair and appropriate appropriate, and otherwise in any case in accordance with the Applicable Procedures, unless otherwise required by law or applicable stock exchange or depository requirements. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes of $200,000 €100,000 or less, may less can be redeemed or purchased in part, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Indenture (Superior Industries International Inc)

Selection of Notes to Be Redeemed. If less than all of the --------------------------------- Notes are to be redeemed at any timeredeemed, the Trustee shall select the Notes to be redeemed (i) if the Notes are listed on an exchange, in compliance with the requirements of such exchange or (ii) if the Notes are not listed on an exchange, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reason, by lot provided that no Notes of $1,000 or by such other method as the less shall be redeemed in part. The Trustee shall deem fair and appropriate and otherwise in accordance with make the Applicable Procedures. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, selection not less than 10 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to and not less than 30 days before the Redemption Date by the Trustee redemption date from the Notes outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer in writing Notes and portions of the Notes them selected for redemption and, shall be in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes amounts of $200,000 1,000 or less, may be redeemed in part, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemedintegral multiples thereof. Except as provided in the preceding sentence, provisions Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall notify the Company promptly of the Notes or portions of Notes to be called for redemption. If any Note selected for partial redemption is converted in part after such selection, the converted portion of such Note shall be deemed (so far as may be) to be the portion to be selected for redemption. The Notes (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Note is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Notes, the Company and the Trustee may treat as outstanding any Notes surrendered for conversion during the period 15 days next preceding the mailing of a notice of redemption and need not treat as outstanding any Note authenticated and delivered during such period in exchange for the unconverted portion of any Note converted in part during such period.

Appears in 1 contract

Samples: Indenture (Charming Shoppes Inc)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall will select the Notes to be redeemed (i) if the Notes are listed on an exchange, in compliance with the requirements of such exchange or (ii) if the Notes are not listed on an exchange, for redemption on a pro rata basis to the extent practicable, (or, if in the case of Notes issued in global form pursuant to Article 2 hereof, by such method as DTC or its nominee or successor may require or, where such nominee or successor is the Trustee, a method that most nearly approximates pro rata basis is not practicable for any reason, by lot or by such other method selection as the Trustee shall deem deems fair and appropriate and unless otherwise required by law) unless otherwise required by law or applicable stock exchange or depositary requirements. Notwithstanding the foregoing, no Notes of $2,000 or less can be redeemed in accordance with the Applicable Procedurespart. In the event of partial redemption by lot, the particular Notes to be redeemed shall will be selected, unless otherwise provided herein, not less than 10 30 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date redemption date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall will promptly notify the Issuer Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes and portions of Notes selected will be in amounts of minimum denominations of $200,000 2,000 or less, may be redeemed whole multiples of $1,000 in part, excess thereof; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Indenture (Comstock Resources Inc)

Selection of Notes to Be Redeemed. If less than all of the Dollar Notes and/or Euro Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed (ia) if the Notes are listed on an exchangea securities exchange (and such listing is known to the Trustee), in compliance with the requirements of such exchange on which such Notes are listed or (iib) if the Notes are not listed on an exchange, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reason, by lot or by such other method as the Trustee shall deem fair and appropriate and otherwise in accordance with the Applicable Procedures. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 30 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Dollar Notes and portions of Dollar Notes selected shall be in integral multiples of $1,000 (but in a minimum amount of $2,000) and no Dollar Notes of $200,000 2,000 or less, may less can be redeemed in part, except that if all of the Dollar Notes of a Holder are to be redeemed, the entire outstanding amount of Dollar Notes held by such Holder shall be redeemed, even if not in a principal amount of at least $2,000. Euro Notes and portions of Euro Notes selected shall be in integral multiples of €1,000 (but in a minimum amount of €100,000) and no Euro Notes of €100,000 or less can be redeemed in part, except that if all of the Euro Notes of a Holder are to be redeemed, the entire outstanding amount of Euro Notes held by such Holder shall be redeemed, even if not in a principal amount of at least €100,000. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Indenture (Gates Industrial Corp PLC)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any timepursuant to an Optional Redemption, subject to Applicable Procedures, the Trustee shall select the Notes to be redeemed (i) if such that the remaining amount of the Notes are listed on not so redeemed is equal to $200,000 or an exchangeintegral multiple of $1,000 in excess thereof) by lot, in compliance with the requirements of such exchange or (ii) if the Notes are not listed on an exchange, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reason, by lot or by such any other method as the Trustee shall deem considers fair and appropriate and otherwise in accordance with (so long as such method is not prohibited by the Applicable Procedures. In rules of The Nasdaq Global Select Market or any stock exchange on which the event shares of partial redemption by lotCommon Stock or other shares of Capital Stock of the Company are then listed, the particular Notes to as applicable); provided however that no Note of a Principal Amount of $200,000 or less shall be redeemed in part. The Trustee shall be selected, unless otherwise provided herein, not less than 10 nor (except in make the event selection within 7 days from its receipt of the Notice of Optional Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the Company delivered pursuant to Section 5.03 from outstanding Notes not previously called for redemption. The If the Trustee shall promptly notify the Issuer in writing selects a portion of the Notes for partial redemption and the Holder exchanges a portion of the Notes, the exchanged portion will be deemed to be from the portion selected for redemption andredemption, in except to the case extent of the excess, if any, of such exchanged portion over such portion selected for redemption. In the event of any Note selected for partial redemptionredemption in part, the principal amount thereof Company shall not be required to (i) issue, register the transfer of or exchange any Notes during a period beginning at the Open of Business 15 days before any selection for redemption of Notes and ending at the Close of Business on the earliest date on which the relevant Notice of Redemption is deemed to have been given to all Holders of Notes to be redeemed. No , or (ii) register the transfer of or exchange any Notes of $200,000 so selected for redemption, in whole or less, may be redeemed in part, except that if all the unredeemed portion of the any Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemed. Except as provided being redeemed in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemptionpart.

Appears in 1 contract

Samples: Indenture (Oclaro, Inc.)

Selection of Notes to Be Redeemed. If less than all of the Notes of any series are to be redeemed or purchased at any time, the Trustee Registrar and Paying Agent shall select the Notes or such series to be redeemed or purchased, (i) if the applicable Notes are listed on an exchangelisted, in compliance with the requirements of such the principal national securities exchange on which the applicable Notes are listed, or (ii) if the applicable Notes are not listed on an exchangeso listed, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reasonbasis, by lot or by such other method as the Trustee Registrar and Paying Agent in its sole discretion shall deem to be fair and appropriate and otherwise in accordance with the Applicable Proceduresappropriate. In the event of partial redemption by lotredemption, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 30 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee Registrar and Paying Agent from the outstanding Notes not previously called for redemption. The Trustee Paying Agent and Registrar shall promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes and portions of Notes selected shall be in amounts of $200,000 2,000 or less, may be redeemed whole multiples of $1,000 in part, excess thereof; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Indenture Agreement (Delphi Automotive PLC)

Selection of Notes to Be Redeemed. If less than all of the Notes of any series are to be redeemed or purchased at any time, the Trustee Registrar and Paying Agent shall select the Notes of such series to be redeemed or purchased, (i) if the applicable Notes are listed on an exchangelisted, in compliance with the requirements of such the principal national securities exchange on which the applicable Notes are listed, or (ii) if the applicable Notes are not listed on an exchangeso listed, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reasonbasis, by lot or by such other method as the Trustee shall deem fair and appropriate and otherwise in accordance with the Applicable Procedures. In the event of partial redemption by lotredemption, the particular Notes of such series to be redeemed shall be selected, unless otherwise provided herein, not less than 10 30 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee Registrar and Paying Agent from the outstanding Notes of such series not previously called for redemption. The Trustee Paying Agent and Registrar shall promptly notify the Issuer in writing of the Notes of a series selected for redemption and, in the case of any Note of such series selected for partial redemption, the principal amount thereof to be redeemed. No Notes and portions of Notes of such series selected shall be in amounts of $200,000 2,000 or less, may be redeemed whole multiples of $1,000 in part, excess thereof; except that if all of the Notes of such series of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder Holder, even if not a multiple of $1,000, shall be redeemed. Except as otherwise provided in the preceding sentencethis Article 3, provisions of this Indenture or the applicable Officer’s Certificate(s) or supplemental indenture(s) that apply to Notes of a series called for redemption also apply to portions of Notes of such series called for redemption.

Appears in 1 contract

Samples: Senior Indenture (Delphi Automotive PLC)

Selection of Notes to Be Redeemed. (a) If less than all of the Notes are to be redeemed or purchased at any time, the Trustee shall select the Notes to be redeemed or purchased, (i) if the Notes are listed on an exchangelisted, in compliance with the requirements of such the principal national securities exchange on which the Notes are listed, or (ii) if the Notes are not listed on an exchangeso listed, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reasonbasis, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate (and otherwise in accordance with the Applicable ProceduresDepository’s procedures). In the event of partial redemption by lotredemption, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 30 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee Trustee, unless a shorter notice period shall be agreed to by the Trustee, from the outstanding Notes not previously called for redemption. . (b) The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes and portions of Notes selected shall be in amounts of $200,000 2,000 or less, may be redeemed in part, whole multiples of $1,000 thereafter; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this the Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Indenture (Dana Holding Corp)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed (ia) if the Notes are listed on an exchange, in compliance with the requirements of such exchange or (iib) if the Notes are not listed on an exchange, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reason, by lot or by such other method as the Trustee shall deem fair and appropriate and otherwise in accordance with the Applicable Procedures. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 30 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes of $200,000 2,000 or less, may less can be redeemed in part, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Indenture (IMS Health Holdings, Inc.)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed (i) if the Notes are listed on an exchange, in compliance with the requirements of such exchange or (ii) if the Notes are not listed on an exchange, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reason, by lot or by such other method as the Trustee shall deem fair and appropriate and otherwise in accordance with the Applicable Procedures. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 30 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes of $200,000 €100,000 or less, may be redeemed in part, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Indenture (Quintiles IMS Holdings, Inc.)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, or less than all of the Notes of a particular series are to be redeemed, in each case, the Trustee shall will select the Notes to be redeemed (i) if the Notes are listed on an exchange, in compliance with the requirements of such exchange or (ii) if the Notes are not listed on an exchange, on a for redemption pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reasonrata, by lot or by such other method as the Trustee shall deem fair and appropriate and and, if applicable, with such adjustments that may be deemed appropriate by the Trustee so that only Notes in denominations of $100,000 or whole multiples of $1,000 in excess thereof will be purchased unless otherwise required by law or applicable stock exchange requirements; provided that if only Notes of a particular series are to be redeemed, such selection by the Trustee shall be limited to Notes of such series. No Notes of $100,000 or less can be redeemed in accordance with the Applicable Procedurespart. In the event of partial redemption by lotredemption, the particular Notes to be redeemed shall will be selected, unless otherwise provided herein, not less than 10 ten (10) nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 sixty (60) days prior to the Redemption Date redemption or purchase date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall will promptly notify the Issuer Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes and portions of Notes selected will be in amounts of $200,000 100,000 or less, may be redeemed whole multiples of $1,000 in part, excess thereof; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder Holder, even if not in the amount of $100,000 or a whole multiple of $1,000 thereof, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Indenture (Cheniere Corpus Christi Holdings, LLC)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall will select the Notes to be redeemed (i) if the Notes are listed on an exchange, in compliance with the requirements of such exchange or (ii) if the Notes are not listed on an exchange, for redemption on a pro rata basis to the extent practicable, (or, if in the case of Notes issued in global form pursuant to Article II hereof, by such method as DTC or its nominee or successor may require or, where such nominee or successor is the Trustee, a method that most nearly approximates pro rata basis is not practicable for any reason, by lot or by such other method selection as the Trustee shall deem deems fair and appropriate and appropriate) unless otherwise in accordance with the Applicable Proceduresrequired by law or applicable stock exchange or depositary requirements. In the event of partial redemption by lot, the particular Notes to be redeemed shall will be selected, unless otherwise provided herein, not less than 10 30 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date redemption date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall will promptly notify the Issuer Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes and portions of Notes selected will be in amounts of $200,000 1,000 or less, may be redeemed whole multiples of $1,000 in part, excess thereof; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Indenture (Vanguard Natural Resources, LLC)

Selection of Notes to Be Redeemed. If In the event that less than all of the Notes are to be redeemed at any time, selection of such Notes, or portions thereof, for redemption will be made by the Trustee shall select the Notes to be redeemed (i) if the Notes are listed on an exchange, in compliance with the requirements of such exchange or (ii) the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not then listed on an a national securities exchange, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reasonbasis, by lot or by such other method as the Trustee shall deem fair and appropriate appropriate; provided, however, that no Notes of a principal amount of $1,000 or less shall be redeemed in part; and provided, further, that if a partial redemption is made with the proceeds of an Equity Offering, selection of the Notes or portions thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of DTC), unless such method is otherwise prohibited. Notice of redemption shall be mailed by first-class mail in accordance with the Applicable Proceduresprovisions of Section 3.04. In the event of partial redemption by lot, the particular Notes If any Note is to be redeemed in part only, the notice of redemption that relates to such Note shall be selected, unless otherwise provided herein, not less than 10 nor (except in state the event the Redemption Date is delayed as a result portion of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes of $200,000 or less, may A new Note in a principal amount equal to the unredeemed portion thereof will be redeemed issued in part, except that if all the name of the Holder thereof upon cancellation of the original Note. On and after the applicable Redemption Date, interest will cease to accrue on Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes or portions thereof called for redemption also apply to portions as long as the Issuers have deposited with the Paying Agent for the Notes funds in satisfaction of Notes called for redemptionthe applicable Redemption Price.

Appears in 1 contract

Samples: Indenture (Canadian Abraxas Petroleum LTD)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed (i) if the Notes are listed on an exchange, in compliance with the requirements of such exchange or (ii) if the Notes are not listed on an exchange, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reason, by lot or by such other method as the Trustee shall deem fair and appropriate and otherwise in accordance with the Applicable Procedures. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being 84111084_1 fbeing satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes of $200,000 €100,000 or less, may be redeemed in part, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Indenture (Iqvia Holdings Inc.)

Selection of Notes to Be Redeemed. (a) If less than all of the Notes are to be redeemed or purchased at any time, the Trustee shall select the Notes to be redeemed or purchased, (i) if the Notes are listed on an exchangelisted, in compliance with the requirements of such the principal national securities exchange on which the Notes are listed, or (ii) if the Notes are not listed on an exchangeso listed, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reasonbasis, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate (and otherwise in accordance with the Applicable ProceduresDepository’s procedures). In the event of partial redemption by lotredemption, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 30 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee Trustee, unless a shorter notice period shall be agreed to by the Trustee, from the outstanding Notes not previously called for redemption. . (b) The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes and portions of Notes selected shall be in amounts of $200,000 2,000 or less, may be redeemed in part, whole multiples of $1,000 thereafter; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Indenture (Dana Inc)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed (i) if among the Notes are listed on an exchange, Holders in compliance with the requirements of such exchange or (ii) the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not listed on an exchangeso listed, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reasonbasis, by lot or by such in accordance with any other method as the Trustee shall deem deems fair and appropriate (and otherwise in accordance compliance with applicable legal requirements). However, no Notes of a principal amount of €50,000 or less shall be redeemed in part, and, if a partial redemption of Notes is made with the Applicable Proceduresproceeds of a public offering of common equity securities of Hxxxx, selection of the Notes or portions of the Notes for redemption shall be made by the Trustee only on a proportional basis or on as nearly a proportional basis as is practicable, unless that method is otherwise prohibited. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 30 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date redemption date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes and portions of $200,000 Notes selected shall be in amounts of €50,000 or less, may be redeemed integral multiples of €1,000 in partexcess thereof, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder Holder, even if not an integral multiple of €1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Indenture (Hli Operating Co Inc)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed (ia) if the Notes are listed on an exchange, in compliance with the requirements of such exchange and the Depositary, or (iib) if the Notes are not listed on an exchange, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reason, by lot or by such other method as the Trustee shall deem fair and appropriate and otherwise in accordance with the Applicable Proceduresapplicable procedures of DTC, in each case in integral multiples of $1,000 provided that no Notes of less than $2,000 shall be redeemed in part. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 nor (15, nor, except as set forth in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the IssuerSection 3.07(f) hereof, more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes of $200,000 2,000 or less, may less can be redeemed or purchased in part, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Indenture (SunOpta Inc.)

Selection of Notes to Be Redeemed. (a) If less than all of the Notes of a series are to be redeemed at any time, the Trustee shall select the Notes of such series to be redeemed among the Holders of the Notes on a pro rata basis, by lot or in accordance with any other method the Trustee deems fair and appropriate (i) subject to the procedures of DTC or any other Depositary and by maintaining the authorized denominations for the Notes), or, if the Notes of such series are listed on an any securities exchange, in compliance by any other method that complies with the requirements of such exchange or (ii) if the Notes are not listed on an exchange, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reason, by lot or by such other method as the Trustee shall deem fair and appropriate and otherwise in accordance with the Applicable Procedures. In the event of partial redemption by lot, the particular Notes of such series to be redeemed shall be selected, unless otherwise provided herein, not less than 10 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days selected prior to the Redemption Date giving a notice of such redemption by the Trustee from the outstanding Notes of such series not previously called for redemption. . (b) The Trustee shall promptly notify the Issuer Company in writing of the Notes of the applicable series selected for redemption and, in the case of any Note of such series selected for partial redemption, the principal amount at maturity thereof to be redeemed. No Notes of either series in amounts of $200,000 2,000 or less, may less shall be redeemed in part, . The Trustee may select for redemption portions of the principal of Notes of either series that have denominations larger than $1,000. Notes and portions of Notes selected shall be in amounts of $1,000 or whole multiples of $1,000 in excess thereof; except that if all of the a Holder’s Notes of a Holder series are to be redeemed, the entire outstanding amount of Notes of such series held by such Holder Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes of a series called for redemption also apply to portions of Notes of such series called for redemption.

Appears in 1 contract

Samples: Indenture (Continental Resources, Inc)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, such Notes shall be selected for redemption by the Trustee shall select the Notes to be redeemed (i1) if the Notes are listed on an exchangeexchange and such listing is known to the Trustee, in compliance with the requirements of such exchange or in the case of Global Notes, in accordance with customary procedures of the Depositary or (ii2) if the Notes are not listed on an exchange, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reason, by lot or by such other method as most nearly approximates a pro rata basis subject to customary procedures of the Trustee shall deem fair and appropriate and otherwise in accordance with the Applicable ProceduresDepositary. In the event of partial redemption by lot, the particular Such Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes and portions of Notes selected shall be in minimum amounts of $200,000 or whole multiples of $1,000 in excess thereof; no Notes of $200,000 or less, may less can be redeemed in part, except that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes held by such Holder Holder, even if not a multiple of $1,000, shall be redeemedredeemed or purchased. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall not be responsible for any actions taken or not taken by DTC pursuant to its Applicable Procedures.

Appears in 1 contract

Samples: Indenture (Viasat Inc)

AutoNDA by SimpleDocs

Selection of Notes to Be Redeemed. If In the event that less than all of the Notes are to be redeemed at any time, selection of such Notes for redemption will be made by the Trustee shall select in compliance with any applicable requirements of the Notes to be redeemed (i) principal national securities exchange, if any, on which the Notes are listed on an exchangeor, in compliance with the requirements of such exchange or (ii) if the Notes are not then listed on an exchangea national securities exchange (or if the Notes are so listed but the exchange does not impose requirements with respect to the selection of debt securities for redemption), on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reasonbasis, by lot or by such other method as the Trustee in its sole discretion shall deem fair and appropriate and otherwise in accordance with appropriate; provided, however, that any redemption pursuant to the Applicable Proceduresprovisions relating to redemptions from the proceeds of one or more Public Equity Offerings of Common Stock and/or (b) the sale of Capital Stock (other than Disqualified Stock) to Strategic Equity Investors shall be made on a pro rata basis or on as nearly a pro rata basis as practicable (subject to the Depository's procedures). In the event No Notes of partial redemption by lot, the particular Notes to a principal face amount of $1,000 or less shall be redeemed shall be selected, unless otherwise provided herein, not less than 10 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemptionpart. The Trustee shall promptly notify the Issuer Company and the Registrar in writing of the Notes selected for redemption and, in the case of any Note Notes selected for partial redemption, the principal amount thereof to be redeemed. No For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the case of $200,000 any Note redeemed or less, may to be redeemed only in part, except that if all to the portion of the Notes Accreted Value of a Holder are such Note which has been or is to be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Indenture (Wam Net Inc)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee (or the registrar, as applicable) shall select the Notes to be redeemed (i) if among the Notes are listed on an exchange, in compliance with the requirements of such exchange or (ii) if the Notes are not listed on an exchange, applicable Holders on a pro rata basis to the extent practicable, or by lot (or, if in the case of Notes issued in global form based on a method that most nearly approximates a pro rata basis is not practicable for any reason, by lot or by such other method selection as the Trustee shall deem deems fair and appropriate and otherwise in accordance with the Applicable ProceduresDepository guidelines) unless otherwise required by law or applicable stock exchange or depositary requirements, provided that no Notes of $2,000 or less shall be redeemed in part. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date redemption date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall shall, promptly notify the Issuer and the paying agent in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes and portions of Notes selected shall be in amounts of $200,000 2,000 or less, may be redeemed in part, whole multiples of $1,000 to the extent above $2,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. Any such redemption or notice may, at the Issuer’s discretion, be subject to one or more conditions precedent, and if so conditioned, the redemption date for such Notes may be extended by the Issuer pending achievement of such condition precedent.

Appears in 1 contract

Samples: Senior Notes Indenture (Iron Mountain Inc)

Selection of Notes to Be Redeemed. If Subject to DTC requirements, if less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed (ia) if the Notes are listed on an exchange, in compliance with the requirements of such exchange or (iib) if the Notes are not listed on an exchange, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reason, by lot or by such other method as the Trustee shall deem fair and appropriate and otherwise in accordance with the Applicable Procedures. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 15 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes of $200,000 2,000 or less, may less can be redeemed in part, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemedredeemed or purchased, even if not in a principal amount of at least $2,000. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Indenture (Prestige Brands Holdings, Inc.)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed (ia) if the Notes are listed on an exchange, in compliance with the requirements of such exchange or (iib) if the Notes are not listed on an exchange, on a pro rata basis to the extent practicable, or, if the a pro rata basis is not practicable for any reason, by lot or by such other method as the Trustee shall deem deems fair and appropriate and otherwise in accordance with the Applicable Procedures. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes of $200,000 2,000 or less, may less can be redeemed in part, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Indenture (Staples Inc)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed for redemption as follows: (i1) if the any Notes are listed on an exchangelisted, in compliance with the requirements of such the principal securities exchange on which the Notes are listed, as certified to the Trustee by the Company, and in compliance with the requirements of DTC; or CH\1921617.11 (ii2) if the Notes are not so listed on an exchangeor such exchange prescribes no method of selection and the Notes are not held through DTC or DTC prescribes no method of selection, on a pro rata basis basis, subject to the extent practicable, or, if the pro rata basis is not practicable for any reasonadjustment as described below, by lot or by such in accordance with any other method as the Trustee shall deem fair and appropriate and otherwise in accordance with the Applicable Proceduresappropriate. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 30 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date redemption date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes and portions of Notes selected shall be in amounts of $200,000 2,000 or less, may be redeemed whole multiples of $1,000 in part, excess thereof; except that if all of the a Holder’s Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Supplemental Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: First Supplemental Indenture (W R Grace & Co)

Selection of Notes to Be Redeemed. If less than all of the Notes of a series are to be redeemed at any time, the Trustee shall will select the Notes to be redeemed (i) if the Notes are listed on an exchange, in compliance with the requirements of such exchange or (ii) if the Notes are not listed on an exchange, series for redemption on a pro rata basis to the extent practicable, (or, if in the case of Notes issued in global form pursuant to Article 2 hereof, by such method as DTC or its nominee or successor may require or, where such nominee or successor is the Trustee, a method that most nearly approximates pro rata basis is not practicable for any reason, by lot or by such other method selection as the Trustee shall deem deems fair and appropriate and unless otherwise required by law) unless otherwise required by law or applicable stock exchange or depositary requirements. Notwithstanding the foregoing, no Notes of $2,000 or less can be redeemed in accordance with part. The Issuer may elect, in its sole discretion, to redeem only the Applicable Procedures2026 Notes, only the 2029 Notes, or any combination thereof. In the event of partial redemption by lot, the particular Notes to be redeemed shall will be selected, unless otherwise provided herein, not less than 10 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date redemption date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall will promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes and portions of Notes selected will be in amounts of $200,000 2,000 or less, may be redeemed whole multiples of $1,000 in part, excess thereof; except that if all of the Notes of any series of a Holder are to be redeemed, the entire outstanding amount of Notes of such series held by such Holder shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Indenture (Chesapeake Energy Corp)

Selection of Notes to Be Redeemed. If In the event that less than all of the Notes are to be redeemed at any time, the Trustee shall select selection of the Notes to be redeemed (i) if shall be made by the Notes are listed on an exchange, Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such exchange or (ii) Notes are listed or, if the such Notes are not then listed on an a national securities exchange, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reasonbasis, by lot or by such other method as the Trustee shall deem fair and appropriate and otherwise appropriate; provided, however, that no Notes of a principal amount of $1,000 or less shall be redeemed in accordance part; provided, further, that if a partial redemption is made with the Applicable Proceduresproceeds of a Public Equity Offering, selection of the Notes or portions thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to DTC procedures), unless such method is otherwise prohibited. In Notice of redemption shall 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 by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemptionat its registered address. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of If any Note selected for partial redemptionis to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. No Notes of $200,000 or less, may A new Note in a principal amount equal to the unredeemed portion thereof will be redeemed issued in part, except that if all the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the redemption date, interest will cease to accrue on Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes or portions thereof called for redemption also apply as long as the Company has deposited with the Paying Agents in New York and Luxembourg funds in satisfaction of the applicable redemption price pursuant to portions of Notes called for redemptionthis Indenture.

Appears in 1 contract

Samples: Indenture (Tokheim Corp)

Selection of Notes to Be Redeemed. If less than all of the Notes of a series are to be redeemed at any time, the Trustee shall select the Notes of such series to be redeemed (ia) if the Notes of such series are listed on an exchangea securities exchange (and such listing is known to the Trustee), in compliance with the requirements of such exchange on which the Notes of such series are listed or (iib) if the Notes are not listed on an exchange, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reason, by lot or by such other method as the Trustee shall deem fair and appropriate and otherwise in accordance with the Applicable ProceduresProcedures in minimum denominations of $2,000 and increments of $1,000 in excess thereof. In the event of partial redemption by lot, the particular Notes of such series to be redeemed shall be selected, unless otherwise provided herein, not less than 10 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes of such series not previously called for redemption. The Trustee shall promptly notify the Issuer in writing of the Notes of a series selected for redemption and, in the case of any Note of such series selected for partial redemption, the principal amount thereof to be redeemed. No Notes and portions of Notes selected shall be in integral multiples of $1,000 (but in a minimum amount of $2,000) and no Notes of $200,000 2,000 or less, may less can be redeemed in part, except that if all of the applicable Notes of a Holder are to be redeemed, the entire outstanding amount of Notes of such series held by such Holder shall be redeemed, even if not in a principal amount of at least $2,000. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. For the avoidance of doubt, the Issuer may elect, at its sole discretion, to redeem only 2029 Notes, only 2031 Notes, or any combination thereof.

Appears in 1 contract

Samples: Indenture (Hilton Worldwide Holdings Inc.)

Selection of Notes to Be Redeemed. If In the event that less than all of the Notes are to be redeemed at any time, selection of such Notes for redemption will be made by the Trustee shall select the Notes to be redeemed (i) if the Notes are listed on an exchange, in compliance with the requirements of the principal national securities exchange, if any, on which such exchange or (ii) Notes are listed or, if the such Notes are not then listed on an a national securities exchange, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reasonPRO RATA basis, by lot or by such other method as the Trustee shall deem fair and appropriate and otherwise appropriate; PROVIDED, HOWEVER, that no Notes of original principal amount of U.S. $1,000 or less shall be redeemed in accordance part; PROVIDED, FURTHER, that if a partial redemption is made with the Applicable Proceduresproceeds of a Public Equity Offering, selection of the Notes or portions thereof for redemption shall be made by the Trustee only on a PRO RATA basis or on as nearly a PRO RATA basis as is practicable (subject to DTC procedures), unless such method is otherwise prohibited. In Notice of redemption shall 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 by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemptionat its registered address. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of If any Note selected for partial redemptionis to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. No Notes of $200,000 or less, may A new Note in a principal amount equal to the unredeemed portion thereof will be redeemed issued in part, except that if all the name of the Holder thereof upon cancellation of the original Note. On and after the Redemption Date, interest will cease to accrue on Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes or portions thereof called for redemption also apply as long as the Issuer has deposited with the Paying Agent funds in satisfaction of the applicable redemption price pursuant to portions of Notes called for redemptionthis Indenture.

Appears in 1 contract

Samples: Indenture (Williams Scotsman of Canada Inc)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed (ia) if the Notes are listed on an exchangea securities exchange (and such listing is known to the Trustee), in compliance with the requirements of such exchange on which such Notes are listed or (iib) if the Notes are not listed on an exchange, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reason, by lot or by such other method as the Trustee shall deem fair and appropriate and otherwise in accordance with the Applicable Procedures. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 15 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes and portions of Notes selected shall be in integral multiples of $1,000 (but in a minimum amount of $2,000) and no Notes of $200,000 2,000 or less, may less can be redeemed in partpart and all redemptions shall be made in increments of $1,000, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemed, even if not in a principal amount of at least $2,000. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Indenture (Emdeon Inc.)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed (ia) if the Notes are listed on an a national securities exchange, in compliance with the requirements of such the principal national securities exchange on which the Notes are listed, or (iib) if the Notes are not listed on an exchangeso listed, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reason, by lot or by such other method as the Trustee shall deem fair and appropriate and otherwise in accordance with the Applicable Procedures. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 30 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes of $200,000 2,000 or less, may less can be redeemed in part, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Indenture (Foot Locker, Inc.)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed (i) if among the Holders of the Notes are listed on an exchange, in compliance with the requirements of such exchange or (ii) the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not listed on an exchangeso listed, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reasonbasis, by lot or by such in accordance with any other method as the Trustee shall deem deems fair and appropriate (and otherwise in accordance compliance with applicable legal requirements); provided, however, that if a partial redemption is made with the Applicable Proceduresproceeds of an Equity Offering, selection of the notes or portions thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly as a pro rata basis as is practicable (subject to the Depository Trust Company's procedures) unless such method is otherwise prohibited. However, no Notes of a principal amount of $1,000 or less shall be redeemed in part. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 30 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date redemption date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes and portions of Notes selected shall be in amounts of $200,000 1,000 or less, may be redeemed in partintegral multiples of $1,000, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder Holder, even if not an integral multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Indenture (Aerojet Ordnance Tennessee Inc)

Selection of Notes to Be Redeemed. If less than all (a) In the case of a partial redemption pursuant to Section 3.07, selection of the Notes are to for redemption will be redeemed at any time, the Trustee shall select the Notes to be redeemed (i) if the Notes are listed on an exchange, in compliance with the requirements of such exchange or (ii) if the Notes are not listed on an exchange, on a made pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reasonrata, by lot or by such other method as the Trustee shall deem fair and deems appropriate and otherwise fair. For so long as the Notes are held by DTC (or another Depositary), the redemption of the Notes shall be done in accordance with the Applicable Procedurespolicies and procedures of the Depositary. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 30 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee redemption date from the then outstanding Notes not previously called for redemption. . (b) The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes and portions of Notes selected shall be in amounts of $2,000 and whole multiples of $1,000 in excess thereof; no Notes of $200,000 2,000 or less, may less shall be redeemed in part, except that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes held by such Holder Holder, even if not $2,000 or a multiple of $1,000 in excess thereof, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. (c) After the redemption date, upon surrender of a Note to be redeemed in part only, a new Note or Notes in principal amount equal to the unredeemed portion of the original Note representing the same Indebtedness to the extent not redeemed shall be issued in the name of the Holder of the Notes upon cancellation of the original Note (or appropriate book entries shall be made to reflect such partial redemption).

Appears in 1 contract

Samples: Indenture (Block, Inc.)

Selection of Notes to Be Redeemed. If less than all of the Notes of any series are to be redeemed at any time, the Trustee shall select the Notes of such series to be redeemed (i) if the such Notes are listed on an exchange, in compliance with the requirements of such exchange or (ii) if the such Notes are not listed on an exchange, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reason, by lot or by such other method as the Trustee shall deem fair and appropriate and otherwise in accordance with the Applicable Procedures. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes of $200,000 €100,000 or less, may be redeemed in part, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Indenture (Iqvia Holdings Inc.)

Selection of Notes to Be Redeemed. (a) If less than all of the Notes are to be redeemed at any timeredeemed, unless the procedures of the Depositary provide otherwise, the Trustee shall select the Notes to be redeemed (i) if the Notes are listed on an exchange, in compliance with the requirements of such exchange or (ii) if the Notes are not listed on an exchangeby lot, on a pro rata basis to the extent practicablebasis, or, if the pro rata basis is not practicable for any reason, by lot at random or by such other another method as the Trustee shall deem considers fair and appropriate (so long as such method is not prohibited by the rules of any stock exchange or quotation association on which the Notes are then traded or quoted). (b) Notes and otherwise in accordance with portions of Notes that the Applicable Procedures. In the event of partial redemption by lot, the particular Notes to be redeemed Trustee selects shall be selected, unless otherwise provided herein, not less than 10 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes amounts of $200,000 1,000 or less, may be redeemed in part, except that if all an integral multiple of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemed$1,000. Except as provided in the preceding sentence, provisions Provisions of this Supplemental Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall notify the Company promptly of the Notes or portions of the Notes selected to be redeemed and, in the case of any Notes selected for partial redemption, the method it has chosen for the selection of the Note. (c) If any Note selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Note so selected, the converted portion of such Note shall be deemed (so far as may be) to be the portion selected for redemption. Notes that have been converted during a selection of Notes to be redeemed may be treated by the Trustee as outstanding for the purpose of such selection.

Appears in 1 contract

Samples: Supplemental Indenture (Bristow Group Inc)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed or purchased in an offer to purchase at any time, the Trustee shall select the Notes to be redeemed (i) or purchased among the Holders of the Notes in compli- ance with the requirements of the principal national securities exchange, if any, on which the Notes are listed on an exchangeor, in compliance with the requirements of such exchange or (ii) if the Notes are not listed on an exchangeso listed, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reasonPRO RATA basis, by lot or by such other method as the Trustee shall deem fair and appropriate and otherwise in accordance with any other method the Applicable ProceduresTrustee considers fair and appropriate. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 30 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date redemption date by the Trustee from the outstanding Notes not previously called for redemption. Further, in the event of a partial redemption in accordance with Sections 3.07(a) or (b) hereof, selection of the Notes or portions thereof for redemption shall be made by the Trustee only on a PRO RATA basis or on as nearly a PRO RATA basis as is practicable (subject to the procedures of The Depository Trust Company), unless such method is otherwise prohibited. The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes and portions of Notes selected shall be in amounts of $200,000 1,000 or less, may be redeemed in part, whole multiples of $1,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture Agreement that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Indenture (Transmontaigne Inc)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed (i) if among the Notes are listed on an exchange, Holders in compliance with the requirements of such exchange or (ii) the principal na- tional securities exchange, if any, on which the Notes are listed or, if the Notes are not listed on an exchangeso listed, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reasonbasis, by lot or by such other method as the Trustee shall deem fair and appropriate and otherwise in accordance with any other method the Applicable ProceduresTrustee considers fair and appropriate; provided that if a partial redemption is made with the proceeds of any Equity Offering, selection of the Notes or portions thereof for redemption shall be made by the Trustee on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless such method is otherwise prohibited. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 30 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes and portions of Notes selected shall be in amounts of $200,000 1,000 or less, may be redeemed in partintegral multiples of $1,000, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder Holder, even if not an integral multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Indenture (Raceland Truck Plaza & Casino LLC)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee Paying Agent shall select the Notes to be redeemed (i) if the Notes are listed on an exchange, in compliance with the requirements of such exchange the principal national securities exchange, if any, on which the Notes are listed, or (ii) if the Notes are not so listed on an exchangeor such exchange prescribes no method of selection, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reasonbasis, by lot or by such other method as the Trustee Paying Agent shall deem fair and appropriate and otherwise in accordance such manner as complies with the Applicable Procedures. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes and portions of Notes selected shall be in amounts of €100,000 and any integral multiple of €1,000 in excess thereof; no Notes of $200,000 or less, may less than €100,000 can be redeemed in part, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder Holder, even if not a principal amount of at least €100,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Indenture (Catalent, Inc.)

Selection of Notes to Be Redeemed. (a) Within ten (10) days after receipt by the Trustee of the Company Redemption Notice, the Trustee, in the Company's name and at the Company's expense, shall notify each then record holder of Notes (each, a "RECORD HOLDER") of the Company's proposal to redeem up to the Proposed Redemption Amount and shall instruct, in reasonable detail, each such Record Holder to cause the Trustee to be notified within the twenty (20) days after such Record Holder's receipt of the Trustee Notification (such 20-day period, the "ACCEPTANCE PERIOD"), in accordance with the applicable procedures of the Depository (which may necessitate the establishment by the Company of a Record Date), as to (A) whether each beneficial owner of Notes in respect of whom such Record Holder holds Notes in street name or otherwise (each, a "Beneficial Holder" and, collectively, the "Beneficial Holders") objects to such redemption, and (B) if such Beneficial Holder does not so object, the maximum aggregate principal amount of Notes held of record by such Beneficial Holder that such Beneficial Holder would voluntarily have redeemed by the Company in connection with such Company Redemption Notice (the "VOLUNTARY REDEMPTION AMOUNT"(such notice from the Trustee to the Record Holders, the "TRUSTEE NOTIFICATION"). (b) If the Proposed Redemption Amount is less than all the aggregate principal amount of the Notes are to be redeemed at any timethen outstanding, the Trustee shall select the Notes to be redeemed (i) if the Notes are listed on an exchange, in compliance with the requirements of such exchange or (ii) if the Notes are not listed on an exchange, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reason, by lot or by such other method as the Trustee shall deem fair and appropriate and otherwise in accordance with the Applicable Procedures. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify redemption as follows: (i) if the Issuer sum of all Voluntary Redemption Amounts (such sum, the "TOTAL VOLUNTARY REDEMPTION AMOUNT") in writing respect of the Notes selected for applicable redemption andexceeds the Proposed Redemption Amount, then, in respect of each Beneficial Holder, such amount of such Beneficial Holder's then outstanding Notes as is equal to the case product of any Note selected for partial redemption(x) the Proposed Redemption Amount multiplied by (y) a fraction, the principal numerator of which is such Beneficial Holder's Voluntary Redemption Amount and the denominator of which is the Total Voluntary Redemption Amount; and (ii) if the Total Voluntary Redemption Amount is less than the Proposed Redemption Amount, then, in respect of each Beneficial Holder, (A) first, such Beneficial Holder's Voluntary Redemption Amount, if any, and (B) then, such amount thereof of such Beneficial Holder's then remaining outstanding Notes (the "REMAINING NOTES AMOUNT"), if any, as is equal to be redeemed. No Notes the product of $200,000 or less, may be redeemed in part, except that if all of (x) the Notes of Proposed Redemption Amount less the Total Voluntary Redemption Amount multiplied by (y) a Holder are to be redeemedfraction, the entire outstanding amount numerator of which is such Beneficial Holder's Remaining Notes held by such Holder shall be redeemedAmount, if any, and the denominator or which is the sum of all Remaining Notes Amounts in respect of all Beneficial Holders). Except as provided in the preceding sentence, provisions Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall notify the Company promptly of the Notes or portions of Notes to be redeemed. (c) For purposes of Section 3.02(a), the Trustee Notification shall be deemed to have been received on the fifth Business Day after deposit in the mails, pursuant to the requirements of Section 12.02, and each Beneficial Holder not responding within the Acceptance Period or whose response shall not clearly provide the information required in such response shall be conclusively deemed to have objected to the applicable redemption. (d) The Company shall comply, to the extent applicable, with the requirements of Section 14(e) of the Exchange Act and any other securities laws or regulations in connection with the redemption of Notes pursuant to this Article 3. To the extent that the provisions of any securities laws or regulations conflict with provisions of this Article 3, the Company shall comply with the applicable securities laws and regulations and shall not be deemed to have breached its obligations under this Article 3 by virtue of its compliance with such securities laws or regulations.

Appears in 1 contract

Samples: Indenture (Loral Space & Communications Inc.)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed (ia) if the Notes are listed on an any national securities exchange, in compliance with the requirements of such the principal national securities exchange or (ii) if on which the Notes are not listed on an exchange, or (b) on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reason, by lot or by such other method as the Trustee shall deem fair and appropriate and otherwise in accordance with the Applicable Proceduresappropriate. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 30 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of any Note Notes selected for partial redemption, the principal amount thereof to be redeemed. No Notes and portions of Notes selected shall be in amounts of $2,000 or whole multiples of $1,000 in excess thereof or, if a PIK Payment has occurred, in amounts of $1.00 or whole multiples of $1.00 thereof; no Notes of less than $200,000 or less, may 2,000 can be redeemed in part, except that if all of the a PIK Payment has occurred, Notes of a Holder are to less than $2,000 but not less than $1.00 can be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemedredeemed in part. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Senior Subordinated Notes Indenture (Claires Stores Inc)

Selection of Notes to Be Redeemed. If In the event that less than all of the Notes are to be redeemed at any time, selection of such Notes, or portions thereof, for redemption will be made by the Trustee shall select the Notes to be redeemed (i) if the Notes are listed on an exchange, in compliance with the requirements of such exchange or (ii) the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not then listed on an a national securities exchange, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reasonbasis, by lot or by such other method as the Trustee shall deem fair and appropriate appropriate; provided, however, that no Notes of a principal amount of $1,000 or less shall be redeemed in part; and provided, further, that if a partial redemption is made with the proceeds of an Equity Offering, selection of the Notes or portions thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless such method is otherwise prohibited. Notice of redemption shall be mailed by first-class mail in accordance with the Applicable Proceduresprovisions of Section 3.04. In the event of partial redemption by lot, the particular Notes If any Note is to be redeemed in part only, the notice of redemption that relates to such Note shall be selected, unless otherwise provided herein, not less than 10 nor (except in state the event the Redemption Date is delayed as a result portion of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes of $200,000 or less, may A new Note in a principal amount equal to the unredeemed portion thereof will be redeemed issued in part, except that if all the name of the Holder thereof upon cancellation of the original Note. On and after the applicable Redemption Date, interest will cease to accrue on Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes or portions thereof called for redemption also apply as long as the Issuers have deposited with the Paying Agent for the Notes funds in satisfaction of the applicable Redemption Price plus accrued and unpaid interest, if any, thereon to portions of Notes called for redemptionthe Redemption Date.

Appears in 1 contract

Samples: Indenture (Canadian Abraxas Petroleum LTD)

Selection of Notes to Be Redeemed. If In the event that less than all of the Notes are to be redeemed at any time, the Trustee shall select selection of the Notes to be redeemed (i) if shall be made by the Notes are listed on an exchange, Trustee in compliance with the requirements of the principal securities exchange, if any, on which such exchange or (ii) Notes are listed or, if the such Notes are not then listed on an a national securities exchange, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reasonPRO RATA basis, by lot or by such other method as the Trustee shall deem fair and appropriate and otherwise in accordance with the Applicable Procedures. In the event appropriate; PROVIDED, HOWEVER, that no Notes of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes of $200,000 1,000 or less, may less shall be redeemed in part; PROVIDED, except FURTHER, that if all a partial redemption is made with the proceeds of any Equity Offering, selection of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder or portions thereof for redemption shall be redeemedmade by the Trustee only on a PRO RATA basis or on as nearly a PRO RATA basis as is practicable (subject to the procedures of the Depository), unless such method is otherwise prohibited. Except as provided A new Note in a principal amount equal to the unredeemed portion thereof will be issued in the preceding sentencename of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the Redemption Date, provisions of this Indenture that apply interest will cease to accrue on Notes or portions thereof called for redemption also apply as long as the Company has deposited with the Paying Agents in U.S. legal tender in satisfaction of the applicable Redemption Price pursuant to portions of Notes called for redemptionthis Indenture.

Appears in 1 contract

Samples: Indenture (Buslease Inc /New/)

Selection of Notes to Be Redeemed. If less fewer than all of the Notes are to be redeemed at any timeredeemed, the Trustee shall select the particular Notes to be redeemed (i) if the Notes are listed on an exchange, in compliance with the requirements of such exchange by lot or (ii) if the Notes are not listed on an exchange, on a pro rata basis or in accordance with any other method the Trustee considers fair and appropriate. Notes and portions thereof that the Trustee selects shall be in principal amounts equal to $1,000 or any whole multiple thereof. If any Note selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Note so selected, the converted portion of such Note shall be deemed (to the extent practicableit may be) to be the portion selected for redemption (provided, orhowever, if that the pro rata basis is Holder of such Note so converted and deemed redeemed shall not practicable for be entitled to any reason, by lot or by additional interest payment as a result of such other method as the Trustee shall deem fair and appropriate and deemed redemption than such Holder would have otherwise in accordance with the Applicable Proceduresbeen entitled to receive upon conversion of such Note). In the event Notes that have been converted during a selection of partial redemption by lot, the particular Notes to be redeemed shall may be selected, unless otherwise provided herein, not less than 10 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date treated by the Trustee from as outstanding for the outstanding Notes not previously called for redemptionpurpose of such selection. The Trustee shall promptly notify the Issuer Company and the Registrar in writing of the Notes selected for redemption and, in the case of any Note Notes selected for partial redemption, the principal amount thereof to be redeemed. No For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of $200,000 any Notes redeemed or less, may to be redeemed only in part, except that if all to the portion of the principal amount of such Notes of a Holder are which has been or is to be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Indenture (Openwave Systems Inc)

Selection of Notes to Be Redeemed. (a) If less than all of the Notes are to be redeemed at any timeredeemed, the Notes Trustee shall select the Notes to be redeemed (i) if among the Notes are listed on an exchange, in compliance with the requirements of such exchange or (ii) if the Notes are not listed on an exchange, Noteholders on a pro rata basis, by lot or in accordance with any other method the Notes Trustee considers fair and appropriate (and in such manner as complies with applicable legal and stock exchange requirements, if any); PROVIDED, HOWEVER, that if a partial redemption is made with the proceeds of an Equity Offering, selection of the Notes or portion thereof for redemption shall be made by the Notes Trustee only on a PRO RATA basis to the extent practicable, or, if the pro rata basis unless such method is not practicable for any reason, by lot or by such other method as the Trustee shall deem fair and appropriate and otherwise in accordance with the Applicable Proceduresprohibited. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 45 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date redemption date by the Notes Trustee from the outstanding Notes not previously called for redemption. . (b) The Notes Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes of $200,000 or less, may be redeemed in part, except that if all part in multiples of the Notes of a Holder are to be redeemed, the entire outstanding $1,000 principal amount of Notes held by such Holder shall be redeemedonly. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. (c) Notice of redemption will be sent, by first class mail, postage prepaid, at least 30 days prior to the date fixed for redemption, to each Holder whose Notes are to be redeemed at the last address for such Holder then shown on the Notes Register.

Appears in 1 contract

Samples: Indenture (Bluegreen Corp)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed in an offer to purchase at any time, the Trustee shall select the Notes to be redeemed (ia) if the Notes are listed on an exchange, in compliance with the requirements of such exchange exchange, or (iib) if the Notes are not listed on an exchange, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reason, by lot or by such other method as the Trustee shall deem fair and appropriate and otherwise appropriate, in accordance with the Applicable Procedureseach case in integral multiples of $1,000 provided that no Notes of less than $2,000 shall be redeemed in part. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 30 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes of $200,000 2,000 or less, may less can be redeemed or purchased in part, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Senior Secured Notes Indenture (Cambium Learning Group, Inc.)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed or purchased in an offer to purchase at any time, the Trustee shall select the Notes to be redeemed (i) if or purchased among the Holders of the Notes are listed on an exchange, in compliance with the requirements of such exchange or (ii) the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not listed on an exchangeso listed, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reasonbasis, by lot or by such in accordance with any other method as the Trustee considers fair and appropriate provided, that if less than all of the Notes are redeemed or purchased pursuant to Section 3.07 hereof, then the Trustee shall deem fair and appropriate and otherwise in accordance with select the Applicable ProceduresNotes to be redeemed or purchased among the Holders of the Notes on a pro rata basis or on as nearly a pro rata basis as is practicable subject to DTC procedures. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 30 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 90 days prior to the Redemption Date redemption date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount at maturity thereof to be redeemed. No Notes and portions of Notes selected shall be in amounts of $200,000 1,000 or less, may be redeemed in part, whole multiples of $1,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Indenture (Consolidated Container Co LLC)

Selection of Notes to Be Redeemed. If Unless otherwise provided by a Notes Supplemental Indenture for a particular Series of Notes, if less than all of the Notes of a Series are to be redeemed at any time, such Notes shall be selected for redemption by the Trustee shall select the Notes to be redeemed (i1) if the Notes of a Series are listed on an exchangeexchange and such listing is known to the Trustee, in compliance with the requirements of such exchange or (ii) if in the case of Global Notes, in accordance with customary procedures of the Notes are not listed on an exchange, Depositary or (2) on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reason, by lot or by such other method as most nearly approximates a pro rata basis subject to customary procedures of the Trustee shall deem fair and appropriate and otherwise in accordance with the Applicable ProceduresNotes Depositary. In the event of partial redemption by lot, the particular Such Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 days nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee redemption date from the outstanding Notes not previously called for redemption. The Unless otherwise provided by a Notes Supplemental Indenture for a particular Series of Notes, the Trustee shall promptly notify the Issuer in writing of the Notes of a Series selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes and portions of Notes selected shall be in minimum amounts of US$1.00 or integral multiples of US$1.00 in excess thereof; no Notes of $200,000 US$1.00 or less, may less can be redeemed in part, except that if all of the Notes of a Series of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes of that Series held by such Holder Holder, even if not a multiple of US$1.00, shall be redeemedredeemed or purchased. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall not be responsible for any actions taken or not taken by DTC pursuant to its Applicable Procedures.

Appears in 1 contract

Samples: Indenture (Azul Sa)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed (i) if among the Notes are listed on an exchange, Holders in compliance with the requirements of such exchange or (ii) the principal national securities exchange, if any, on which the Notes are listed in the United States, or, if the Notes are not listed on an exchangelisted, on a pro rata basis basis, or, to the extent practicable, or, if that the Trustee shall have determined that selection on a pro rata basis is not practicable for any reasonfeasible, by lot or by such other method as the Trustee shall deem fair and appropriate and otherwise in accordance with any other method the Applicable ProceduresTrustee considers fair and appropriate. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 15 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date redemption date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof outstanding to be redeemed. No If fewer than all Notes are to be redeemed at any time, Notes and portions of Notes selected shall be in integral multiples of $200,000 or less, may be redeemed in part, 1.00; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of the Notes held by such Holder Holder, even if not a multiple of $1.00, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Indenture (Komag Inc /De/)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes or portions thereof to be redeemed (i) if among the Holders of the Notes are listed on an exchange, in compliance with the requirements of such exchange or (ii) the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not listed on an exchangeso listed, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reasonbasis, by lot or by such other method as the Trustee shall deem fair and appropriate and otherwise in accordance with any other method the Applicable ProceduresTrustee considers fair and appropriate, provided that Notes in denominations of $1,000 or less may not be redeemed in part. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 30 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes and portions of Notes in denominations of larger than $1,000 selected shall be in amounts of $200,000 1,000 or less, may be redeemed in part, integral multiples of $1,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder Holder, even if not an integral multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Indenture (TWC Holding Corp.)

Selection of Notes to Be Redeemed. If In the event that less than all of the Notes are to be redeemed at any time, the Trustee shall select selection of the Notes to be redeemed (i) if shall be made by the Notes are listed on an exchange, Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such exchange or Notes are listed (iiif such listing is known to the Trustee) or, if the such Notes are not then listed on an a national security exchange, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reasonbasis, by lot or by such other method as the Trustee shall deem fair and appropriate and otherwise in accordance with the Applicable Procedures. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer in writing applicable procedures of the Depository Trust Company (“DTC”); provided, however, that no Notes selected for redemption and, in the case of any Note selected for partial redemption, the a principal amount thereof to be redeemed. No Notes of $200,000 2,000 or less, may less shall be redeemed in part; provided, except further, that if all a partial redemption is made with the proceeds of any Qualified Equity Offering, selection of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder or portions thereof for redemption shall be redeemedmade by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (for the avoidance of doubt any redemption for all and less than all Notes shall be subject to the applicable procedures of DTC unless such method is otherwise prohibited). Except as provided A new Note in a principal amount equal to the unredeemed portion thereof will be issued in the preceding sentencename of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the Redemption Date, provisions of this Indenture that apply interest will cease to accrue on Notes or portions thereof called for redemption also apply as long as the Issuers have deposited with the Paying Agents funds in U.S. legal tender in satisfaction of the applicable Redemption Price pursuant to portions of Notes called for redemptionthis Indenture.

Appears in 1 contract

Samples: Indenture (Stonemor Partners Lp)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, the Trustee shall select the Notes to be redeemed (i) if the Notes are listed on an exchange, in compliance with the requirements of such exchange or (ii) if the Notes are not listed on an exchange, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reason, by lot or by such other method as the Trustee shall deem fair and appropriate and otherwise in accordance with the Applicable Procedures. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 30 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes of $200,000 €100,000 or less, less may be redeemed in part, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Indenture (IMS Health Holdings, Inc.)

Selection of Notes to Be Redeemed. (a) If less than all of the New Second Lien Non-Convertible Notes or the New Second Lien Convertible Notes are to be redeemed at any time, the applicable Second Lien Trustee shall select the New Second Lien Secured Notes to be redeemed for redemption by lot (ior as nearly pro rata basis as practicable) unless otherwise required by law or the rules of the principal national securities exchange, if any, on which the New Second Lien Secured Notes are listed on an exchange, in compliance with the requirements of such exchange or (ii) if the Notes are not listed on an exchange, on a pro rata basis but only to the extent practicablethat the applicable Second Lien Trustee has been notified in writing of such listing by the Company) provided that the selection of the New Second Lien Secured Notes of the applicable series for redemption shall not result in a Holder of the applicable series of New Second Lien Secured Notes owning less than $2,000 in principal amount of New Second Lien Secured Notes of the applicable series; provided further that if New Second Lien Secured Notes of the applicable series are Global Notes, or, if interests such Global Notes will be selected for redemption by the pro rata basis is not practicable for any reason, by lot or by such other method as the Trustee shall deem fair and appropriate and otherwise Depository in accordance with the Applicable Procedures. In the event of partial redemption by lot, the particular New Second Lien Non-Convertible Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 ten (10) nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 sixty (60) days prior to the Redemption Date redemption date, and the particular New Second Lien Convertible Notes to be redeemed shall be selected, unless otherwise provided herein, not less than forty-five (45) nor more than sixty-five (65) days prior to the redemption date, by the applicable Second Lien Trustee from the outstanding New Second Lien Secured Notes not previously called for redemption. If all of the New Second Lien Secured Notes of the applicable series are Global Notes, interests in the New Second Lien Secured Notes of the applicable series to be redeemed will be selected for redemption by the Depositary in accordance with the Applicable Procedures. The applicable Second Lien Trustee shall promptly notify the Issuer Company in writing of the New Second Lien Secured Notes selected for redemption and, in the case of any New Second Lien Secured Note selected for partial redemption, the principal amount thereof to be redeemed. No New Second Lien Secured Notes in amounts of $200,000 2,000 or less, may less shall be redeemed in part, . New Second Lien Secured Notes and portions of New Second Lien Secured Notes of a given series selected shall be in amounts of $2,000 or integral multiples of $1,000; except that if all of the New Second Lien Secured Notes of a given series of a Holder are to be redeemed, the entire outstanding amount of New Second Lien Secured Notes of such series held by such Holder Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Second Lien Indenture that apply to New Second Lien Secured Notes called for redemption also apply to portions of New Second Lien Secured Notes called for redemption. (b) The applicable Second Lien Trustee shall promptly notify the Company in writing of the New Second Lien Secured Notes selected for redemption and, in the case of any New Second Lien Secured Note selected for partial redemption, the principal amount thereof to be redeemed. Except as provided in the Section 3.02(a), provisions of this Second Lien Indenture that apply to New Second Lien Secured Notes called for redemption also apply to portions of New Second Lien Secured Notes called for redemption.

Appears in 1 contract

Samples: Second Lien Indenture (Bed Bath & Beyond Canada L.P.)

Selection of Notes to Be Redeemed. If In the event that less than all of the Notes are to be redeemed at any time, selection of such Notes for redemption will be made by the Trustee shall select the Notes to be redeemed (i) if the Notes are listed on an exchange, in compliance with the requirements of the principal national securities exchange, if any, on which such exchange or (ii) Notes are listed as certified to the Trustee by the Company, or, if the such Notes are not then listed on an a national securities exchange, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reasonbasis, by lot or by such other method as the Trustee shall deem fair and appropriate and otherwise appropriate; provided, however, that no Notes of a principal amount of U.S. $1,000 or less shall be redeemed in accordance part; provided, further, that if a partial redemption is made with the Applicable Proceduresproceeds of a Public Equity Offering, selection of the Notes or portions thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to DTC procedures), unless such method is otherwise prohibited. In Notice of redemption shall 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 by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemptionat its registered address. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of If any Note selected for partial redemptionis to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. No Notes of $200,000 or less, may A new Note in a principal amount equal to the unredeemed portion thereof will be redeemed issued in part, except that if all the name of the Holder thereof upon cancellation of the original Note. On and after the redemption date, interest will cease to accrue on Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes or portions thereof called for redemption also apply as long as the Company has deposited with the Paying Agent funds in satisfaction of the applicable redemption price pursuant to portions of Notes called for redemptionthis Indenture.

Appears in 1 contract

Samples: Indenture (Penn National Gaming Inc)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any timetime (other than pursuant to Section 3.09 hereof), the Trustee shall select the Notes to be redeemed among the Holders (i1) if the Notes are listed on an exchange, in compliance with the requirements of such exchange or the principal national securities exchange, if any, on which the Notes are listed or, (ii2) if the Notes are not listed on an exchangeso listed, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reasonbasis, by lot or by such other method as the Trustee shall deem fair and appropriate and otherwise in accordance with any other method the Applicable ProceduresTrustee considers fair and appropriate; provided that (x) no Notes of $1,000 or less will be redeemed in part and (y) if a partial redemption is made with the proceeds of any Equity Offering, the Trustee will select the Notes only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless such method is otherwise prohibited. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 30 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes and portions of Notes selected shall be in amounts of $200,000 1,000 or less, may be redeemed in partintegral multiples of $1,000, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder Holder, even if not an integral multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Indenture (New Pier Operating Co Inc)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, such Notes shall be selected for redemption by the Trustee shall select the Notes to be redeemed (i1) if the Notes are listed on an exchangeexchange and such listing is known to the Trustee, in compliance with the requirements of such exchange or (ii) if in the case of Global Notes, in accordance with customary procedures of the Notes are not listed on an exchange, Depositary or (2) on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reason, by lot or by such other method as most nearly approximates a pro rata basis subject to customary procedures of the Trustee shall deem fair and appropriate and otherwise in accordance with the Applicable ProceduresNotes Depositary. In the event of partial redemption by lot, the particular Such Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 days nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee redemption date from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer Co-Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes and portions of Notes selected shall be in minimum amounts of $1.00 or integral multiples of $1.00 in excess thereof; no Notes of $200,000 1.00 or less, may less can be redeemed in part, except that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes held by such Holder Holder, even if not a multiple of $1.00, shall be redeemedredeemed or purchased. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall not be responsible for any actions taken or not taken by DTC pursuant to its Applicable Procedures.

Appears in 1 contract

Samples: Indenture (Spirit Airlines, Inc.)

Selection of Notes to Be Redeemed. (a) If less than all of the Notes are to be redeemed at any timeredeemed, the Trustee shall select the Notes to be redeemed among the Noteholders on a pro rata basis, by lot or in accordance with any other method the Trustee considers fair and appropriate (i) and in such manner as complies with applicable legal and stock exchange requirements, if any); provided, however, that if a partial redemption is made with the proceeds of a Public Equity Offering, selection of the Notes are listed on an exchange, in compliance with or portion thereof for redemption shall be made by only the requirements of such exchange or (ii) if the Notes are not listed on an exchange, Trustee on a pro rata basis to the extent practicable, or, if the pro rata basis unless such method is not practicable for any reason, by lot or by such other method as the Trustee shall deem fair and appropriate and otherwise in accordance with the Applicable Proceduresprohibited. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 45 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date redemption date by the Trustee from the outstanding Notes not previously called for redemption. . (b) The Trustee shall promptly notify the Issuer Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes of $200,000 or less, may be redeemed in part, except that if all part in multiples of the Notes of a Holder are to be redeemed, the entire outstanding $1,000 principal amount of Notes held by such Holder shall be redeemedonly. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Indenture (Resort at Summerlin Inc)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, selection of Notes for redemption shall be made by the Trustee shall select the Notes to be redeemed (i) if the Notes are listed on an exchange, in compliance with the requirements of such exchange or (ii) the principal national securities exchange, if any, on which the Notes are listed, or, if the Notes are not listed on an exchangeso listed, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reasonbasis, by lot or by such other method as the Trustee shall deem fair and appropriate and appropriate. In the event of a partial redemption pursuant to Section 3.07(a) hereof, selection of the Notes or portions thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of The Depository Trust Company), unless that method is otherwise in accordance with the Applicable Proceduresprohibited. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 45 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 75 days prior to the Redemption Date redemption date by the Trustee (unless a shorter time period shall be satisfactory to the Trustee) from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes and portions of Notes selected shall be in amounts of $200,000 1,000 or less, may be redeemed in part, whole multiples of $1,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Indenture (Team Health Inc)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed or purchased in an offer to purchase at any time, the Trustee shall select the Notes to be redeemed (i) if or purchased among the Holders of the Notes are listed on an exchange, in compliance with the requirements of such exchange or (ii) the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not listed on an exchangeso listed, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reasonbasis, by lot or by such in accordance with any other method as the Trustee considers fair and appropriate. Notwithstanding the foregoing, if less than all of the Notes are to be redeemed pursuant to Section 3.07(b) or purchased pursuant to Section 3.09, the Trustee shall deem fair and appropriate and otherwise in accordance with select the Applicable ProceduresNotes to be redeemed among the Holders of the Notes on a pro rata basis or on as nearly apro rata basis as is practicable. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 30 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date redemption date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes and portions of Notes selected shall be in amounts of $200,000 1,000 or less, may be redeemed in part, except that if all whole multiples of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder shall be redeemed$1,000. Except as provided in the preceding sentence, The provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Indenture (Etesting Labs Inc)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed in an offer to purchase at any time, the Trustee shall select the Notes to be redeemed (ia) if the Issuer notifies the Trustee that Notes are listed on an exchange, in compliance with the requirements of such exchange or (iib) if the Notes are not listed on an exchange, on a pro rata basis to the extent practicable, or, if the pro rata basis is not practicable for any reason, by lot or by such other method as the Trustee shall deem fair and appropriate and or otherwise in accordance with the Applicable Proceduresprocedures of DTC. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 30 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Issuer) more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes of $200,000 1.00 or less, may less can be redeemed or purchased in part, except that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes held by such Holder shall even if not in a principal amount of at least $1.00 or an integral multiple thereof, may be redeemedredeemed 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 redemptionredemption or purchase.

Appears in 1 contract

Samples: Indenture (Campbell Alliance Group Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!