Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed, the Trustee shall select Notes to be so redeemed in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not listed on a national securities exchange, by lot, pro rata or in such other fair and appropriate manner chosen at the discretion of the Trustee. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount of each certificate selected for redemption.
Appears in 6 contracts
Samples: Indenture (Vertis Inc), Indenture (Vertis Inc), Indenture (Vertis Inc)
Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemedredeemed at any time, selection of such Notes, or portions thereof, for redemption will be made by the Trustee shall select Notes to be so redeemed either in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not then listed or admitted to trading on a national securities exchange, by lot, on a pro rata basis, by lot or in by such other method as the Trustee shall deem fair and appropriate manner chosen at the discretion appropriate. No Notes of the Trustee. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption. Notes in denominations a principal amount of $1,000 2,000 or less may only shall be redeemed in wholepart. The Trustee may select for Notice of redemption portions (equal shall be mailed by first-class mail at least 30 but not more than 60 days before the Redemption Date to $1,000 or each Holder of Notes to be redeemed at its registered address. If any integral multiple thereof) Note is 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. A new Note in a principal amount equal to the unredeemed portion thereof will be issued in 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 that have denominations larger than $1,000. Provisions of this Indenture that apply to Notes or portions thereof called for redemption also apply to portions of Notes called for redemption. The Trustee unless the Issuer shall promptly notify the Company default in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount of each certificate selected for redemptionpayment thereof.
Appears in 6 contracts
Samples: Indenture (GMX Resources Inc), Indenture (Chaparral Energy, Inc.), Indenture (GMX Resources Inc)
Selection of Notes to Be Redeemed. If less fewer than all of the Notes are to be redeemedredeemed at any time, the Trustee shall select the Notes to be so redeemed (a) if the Notes are listed on any national securities exchange, in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, exchange on which the Notes are listed or, or (b) if the Notes are not listed on a national securities exchange, by lotso listed, pro rata to the extent practicable, or, if pro rata is not practicable for any reason, by lot or in by such other methods the Trustee shall deem fair and appropriate manner chosen at the discretion of the Trusteeappropriate. The Trustee shall make the selection from the outstanding Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,0002,000. Provisions Notes and portions of them the Trustee selects shall be in principal amounts of $2,000 or a whole multiple of $1,000 in excess thereof; no Notes in principal amounts of less than $2,000 can be redeemed 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. The Trustee shall promptly notify the Company in writing Issuers promptly of the Notes selected for redemption and, in the case or portions of any Note selected for partial redemption, the principal amount of each certificate selected for redemptionNotes to be redeemed.
Appears in 6 contracts
Samples: Indenture (Bz Intermediate Holdings LLC), Indenture (Bz Intermediate Holdings LLC), Indenture (Bz Intermediate Holdings LLC)
Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemedredeemed at any time, subject to DTC procedures, the Trustee shall select the Notes to be so redeemed in compliance with applicable legal requirements and the requirements requirements, as certified to it by the Company, of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not listed on a national securities exchangeexchange or automated quotation system, by lot, pro rata lot or in by such other method as the Trustee in its sole discretion shall deem fair and appropriate manner chosen at the discretion appropriate; provided that no Note of the Trustee$2,000 in principal amount or less shall be redeemed in part. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less 2,000 in principal amount may only be redeemed in whole. The Trustee may select for redemption portions (equal to $2,000 in principal amount or multiples of $1,000 or any integral multiple in excess thereof) of the principal of Notes that have denominations larger than $1,0002,000 in principal amount. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company and the Registrar promptly in writing of the Notes selected for redemption and, in the case or portions of any Note selected for partial redemption, the principal amount of each certificate selected Notes to be called for redemption.
Appears in 5 contracts
Samples: Guaranty Agreement (Steel Dynamics Inc), Indenture (Steel Dynamics Inc), Indenture (Steel Dynamics Inc)
Selection of Notes to Be Redeemed. If less than all In the case of any partial redemption, selection of the Notes are to for redemption will be redeemed, made by the Trustee shall select Notes to be so redeemed in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the Notes are listed or(as notified to the Trustee in writing by the Issuers), or if the Notes are not listed so listed, on a national securities exchange, by lot, pro rata basis to the extent practicable or in by lot or by such other method as the Trustee shall deem fair and appropriate (and, in such manner chosen at that complies with the discretion requirements of the TrusteeDepository, if applicable); provided that no Notes of $2,000 (and integral multiples of $1,000 in excess thereof) or less shall be redeemed in part. The Trustee shall make the selection from the outstanding Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,0002,000. Notes and portions of them the Trustee selects shall be in amounts of $2,000 or integral multiples of $1,000 in excess thereof. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company in writing Issuers promptly of the Notes selected for redemption and, in the case or portions of any Note selected for partial redemption, the principal amount of each certificate selected for redemptionNotes to be redeemed.
Appears in 4 contracts
Samples: Indenture (EP Energy Corp), Indenture (EP Energy Corp), Indenture (EP Energy Corp)
Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemedredeemed at any time, the Trustee shall will select Notes to be so redeemed for redemption as follows:
(1) if the Notes are listed on any national securities exchange, in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, exchange on which the Notes are listed listed; or,
(2) if the Notes are not listed on a any national securities exchange, by lot, on a pro rata basis, by lot or in such other fair and method as the Trustee shall deem appropriate manner chosen at (or, in the discretion case of Notes in global form, the TrusteeTrustee will select Notes for redemption based on DTC’s operational arrangements). The Trustee shall make the selection from the Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall will promptly notify the Company 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. Notes and portions of each certificate Notes selected will be in amounts of $2,000 or whole multiples of $1,000 in 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 (Delek Logistics Partners, LP), Indenture (Delek Logistics Partners, LP), Indenture (Tallgrass Energy Partners, LP)
Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemedredeemed at any time, the Trustee shall select the Notes to be so redeemed in compliance with applicable legal requirements and the requirements requirements, as certified to it by the Company, of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not listed on a national securities exchange, by lot, pro rata lot or in such other fair and appropriate manner chosen at method as the Trustee in its sole discretion shall deem to be appropriate; provided that no Notes of the TrusteeU.S.$100,000 in principal amount or less shall be redeemed in part. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereofmultiples of U.S.$1,000) of the principal of Notes that have denominations larger than U.S.$100,000 in principal amount, provided that the unredeemed portion of any Note shall be a minimum of U.S. $1,000100,000 in principal amount. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company and the Registrar promptly in writing of the Notes selected for redemption and, in the case or portions of any Note selected for partial redemption, the principal amount of each certificate selected Notes to be called for redemption.
Appears in 4 contracts
Samples: Indenture (Kansas City Southern De Mexico, S.A. De C.V.), Indenture (Kansas City Southern), Indenture (Kansas City Southern De Mexico, S.A. De C.V.)
Selection of Notes to Be Redeemed. If less than all In the case of any partial redemption, selection of the Notes are to for redemption will be redeemed, made by the Trustee shall select Notes to be so redeemed in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the Notes are listed or(and the Issuers shall notify the Trustee of any such listing), or if the Notes are not listed so listed, on a national securities exchange, by lot, pro rata basis to the extent practicable or in by lot or by such other method as the Trustee shall deem fair and appropriate (and, in such manner chosen at that complies with the discretion requirements of the TrusteeDepository, if applicable); provided that no Notes of $2,000 (and integral multiples of $1,000 in excess thereof) or less shall be redeemed in part. The Trustee shall make the selection from the outstanding Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,0002,000. Notes and portions of them the Trustee selects shall be in amounts of $2,000 or integral multiples of $1,000 in excess thereof. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company in writing Issuers promptly of the Notes selected for redemption and, in the case or portions of any Note selected for partial redemption, the principal amount of each certificate selected for redemptionNotes to be redeemed.
Appears in 4 contracts
Samples: Indenture (ADT Inc.), Indenture (ADT, Inc.), Indenture (ADT, Inc.)
Selection of Notes to Be Redeemed. If less than all In the case of any partial redemption, selection of the Notes are to for redemption will be redeemed, made by the Trustee shall select Notes to be so redeemed in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the Notes are listed or(and the Company shall notify the Trustee of any such listing), or if the Notes are not listed so listed, on a national securities exchange, by lot, pro rata basis to the extent practicable or in by lot or by such other method as the Trustee shall deem fair and appropriate (and, in such manner chosen at that complies with the discretion requirements of the TrusteeDepository, if applicable); provided that no Notes of $2,000 (and integral multiples of $1,000 in excess thereof) or less shall be redeemed in part. The Trustee shall make the selection from the outstanding Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,0002,000. Notes and portions of them the Trustee selects shall be in amounts of $2,000 or integral multiples of $1,000 in excess thereof. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company in writing promptly of the Notes selected for redemption and, in the case or portions of any Note selected for partial redemption, the principal amount of each certificate selected for redemptionNotes to be redeemed.
Appears in 4 contracts
Samples: Indenture (Enpro Industries, Inc), Indenture (Enpro Industries, Inc), Indenture (Rayonier Advanced Materials Inc.)
Selection of Notes to Be Redeemed. If less than all In the case of any partial redemption, selection of the Notes are to for redemption will be redeemed, made by the Trustee shall select Notes to be so redeemed in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the Notes are listed or(and the Issuers shall notify the Trustee in writing of any such listing), or if the Notes are not listed so listed, on a national securities exchange, by lot, pro rata basis to the extent practicable or in by lot or by such other method as the Trustee shall deem fair and appropriate (and, in each case, in such manner chosen at that complies with the discretion requirements of the TrusteeDepository, if applicable); provided that no Notes of $2,000 or less shall be redeemed in part. The Trustee shall make the selection from the outstanding Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,0002,000. Notes and portions of them the Trustee selects shall be in amounts of $2,000 or integral multiples of $1,000 in excess thereof. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Upon selection, the Trustee shall promptly notify the Company in writing Issuers promptly of the Notes selected for redemption and, in the case or portions of any Note selected for partial redemption, the principal amount of each certificate selected for redemptionNotes to be redeemed.
Appears in 3 contracts
Samples: Exchange Agreement (Talos Energy Inc.), Exchange Agreement (SAILFISH ENERGY HOLDINGS Corp), Exchange Agreement (Stone Energy Corp)
Selection of Notes to Be Redeemed. If less than all In the case of any partial redemption of the Notes, and the Notes are to Global Notes, they will be redeemedselected for redemption in accordance with DTC procedures. If the Notes are not Global Notes, the Trustee shall will select the Notes to be so redeemed for redemption:
(i) in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the Notes are listed listed; or,
(ii) if the Notes are not listed on a national securities exchangelisted, by lot, pro rata lot or in by such other method as the Trustee in its sole discretion deems to be fair and appropriate manner chosen at the discretion appropriate. However, no Note of the Trustee$1,000 in principal amount or less shall be redeemed in part. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less in principal amount may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 in principal amount or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,0001,000 in principal amount. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company and the Registrar promptly in writing of the Notes selected for redemption and, in the case or portions of any Note selected for partial redemption, the principal amount of each certificate selected Notes to be called for redemption.
Appears in 3 contracts
Samples: Indenture (Tw Telecom Inc.), Indenture (Tw Telecom Inc.), Indenture (Tw Telecom Inc.)
Selection of Notes to Be Redeemed. If less than all In the case of any partial redemption, selection of the Notes are to for redemption will be redeemed, made by the Trustee shall select Notes to be so redeemed in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the Notes are listed or(and the Issuer shall notify the Trustee in writing of any such listing), or if the Notes are not listed so listed, on a national securities exchange, by lot, pro rata basis to the extent practicable or in by lot or by such other method as the Trustee shall deem fair and appropriate (and, in each case, in such manner chosen at that complies with the discretion requirements of the TrusteeDepository, if applicable); provided that no Notes of $2,000 or less shall be redeemed in part. The Trustee shall make the selection from the outstanding Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,0002,000. Notes and portions of them the Trustee selects shall be in amounts of $2,000 or integral multiples of $1,000 in excess thereof. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Upon selection, the Trustee shall promptly notify the Company in writing Issuer promptly of the Notes selected for redemption and, in the case or portions of any Note selected for partial redemption, the principal amount of each certificate selected for redemptionNotes to be redeemed.
Appears in 3 contracts
Samples: Indenture (Talos Energy Inc.), Indenture (Talos Energy Inc.), Indenture (Talos Energy Inc.)
Selection of Notes to Be Redeemed. If less than all In the case of any partial redemption, selection of the Notes are to for redemption will be redeemed, made by the Trustee shall select Notes to be so redeemed in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the Notes are listed or(and the Issuer shall notify the Trustee of any such listing), or if the Notes are not listed so listed, on a national securities exchange, by lot, pro rata basis to the extent practicable or by lot (and, in such other fair and appropriate manner chosen at that complies with the discretion requirements of the TrusteeDepository, if applicable); provided that no Notes of $2,000 (and integral multiples of $1,000 in excess thereof) or less shall be redeemed in part. The Trustee shall make the selection from the outstanding Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,0002,000. Notes and portions of them the Trustee selects shall be in amounts of $2,000 or integral multiples of $1,000 in excess thereof. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company in writing Issuer promptly of the Notes selected for redemption and, in the case or portions of any Note selected for partial redemption, the principal amount of each certificate selected for redemptionNotes to be redeemed.
Appears in 3 contracts
Samples: Indenture (Trimas Corp), Indenture (Installed Building Products, Inc.), Indenture (Trimas Corp)
Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemedredeemed at any time, the Trustee shall will select Notes for redemption on a pro rata basis (or, in the case of Notes issued in global form pursuant to Article 2, based on a 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 selection as the Trustee deems fair and appropriate) unless otherwise required by law or applicable stock exchange or depositary requirements. In the event of partial redemption by lot, the particular Notes to be so redeemed in compliance with applicable legal requirements and will be selected, unless otherwise provided herein, not less than 15 nor more than 60 days prior to the requirements of redemption date by the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not listed on a national securities exchange, by lot, pro rata or in such other fair and appropriate manner chosen at the discretion of the Trustee. The Trustee shall make the selection from the outstanding Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall will promptly notify the Company 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. Notes and portions of each certificate Notes selected will be in amounts of $2,000 or integral multiples of $1,000 in excess thereof. 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 (Range Resources Corp), Indenture (Range Resources Corp), Indenture (Range Resources Corp)
Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemedredeemed or purchased in an offer to purchase at any time, the Trustee shall select the Notes to be so redeemed or purchased among the Holders of the Notes in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not listed so listed, on a national securities exchangepro rata basis, by lot or in accordance with any other method the Trustee considers fair and appropriate. In the event of partial redemption by lot, pro rata or in such other fair and appropriate manner chosen at the discretion of particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the Trustee. The redemption date by the Trustee shall make the selection from the outstanding Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount to be redeemed. Notes and portions of each certificate Notes selected shall be in amounts of $1,000 or whole multiples of $1,000 (in the case of Dollar Notes) and in amounts of €1,000 or whole multiples of €1,000 (in the case of Euro Notes). The 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 (Polypore International, Inc.), Indenture (Daramic, LLC), Indenture (Polypore International, Inc.)
Selection of Notes to Be Redeemed. If less than all In the case of any partial redemption, selection of the Notes are to for redemption will be redeemed, made by the Trustee shall select Notes to be so redeemed in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the Notes are listed or(and the Issuer shall notify the Trustee of any such listing), or if the Notes are not listed so listed, on a national securities exchange, by lot, pro rata basis to the extent practicable or by lot (or, if applicable, in such other fair and appropriate manner chosen at that complies with the discretion requirements of the TrusteeDepository or other applicable clearing system in accordance with customary procedures); provided that no Notes of $2,000 or less shall be redeemed in part. The Trustee shall make the selection from the outstanding Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,0002,000. Notes and portions of them the Trustee selects shall be in amounts of $2,000 or integral multiples of $1,000 in excess thereof. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company in writing Issuer promptly of the Notes selected for redemption andor portions of Notes to be redeemed to, in the case of any Note selected for partial redemptionbut not including, the principal amount date of each certificate selected for redemption.
Appears in 3 contracts
Samples: Indenture (TopBuild Corp), Indenture (TopBuild Corp), Indenture (TopBuild Corp)
Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemedredeemed at any time, the Trustee shall select the Notes to be so redeemed in compliance with applicable legal requirements and the requirements requirements, as certified to it by FelCor LP, of the principal national securities exchange, if any, on which the Notes are listed or, on a pro rata basis, by lot or by such other method as the Trustee in its sole discretion shall deem fair and appropriate; provided that no Notes of $1,000 in principal amount at maturity shall be redeemed in part. Notwithstanding the foregoing, if less than all the Notes are not listed to be redeemed with the proceeds of an Equity Offering, the Trustee shall select the Notes to be redeemed on a national securities exchange, by lot, pro rata basis or in such other fair and appropriate manner chosen at on as nearly a pro rata basis as practicable (subject to the discretion procedures of the TrusteeDepositary) unless such method is otherwise prohibited. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less in principal amount at maturity may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 in principal amount at maturity or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,0001,000 in principal amount at maturity. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall notify FelCor LP and the Registrar promptly notify the Company in writing of the Notes selected for redemption and, in the case or portions of any Note selected for partial redemption, the principal amount of each certificate selected Notes to be called for redemption.
Appears in 3 contracts
Samples: Indenture (FelCor Lodging Trust Inc), Indenture (FelCor Lodging LP), Indenture (FelCor Lodging Trust Inc)
Selection of Notes to Be Redeemed. If less than all of the Notes of any series are to be redeemedredeemed at any time, the Trustee shall select the Notes of that series to be so redeemed in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the Notes of that series are listed or, if the Notes of that series are not listed on a national securities exchangeexchange or automated quotation system, on a pro rata basis, by lot, pro rata lot or in by such other method as the Trustee in its sole discretion shall deem fair and appropriate manner chosen at the discretion appropriate; PROVIDED that no Note of the Trustee$1,000 in principal amount or less shall be redeemed in part. The Trustee shall make the selection from the Notes of that series outstanding and not previously called for redemption. Notes in denominations of $1,000 or less in principal amount may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 in principal amount or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,0001,000 in principal amount. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company and the Registrar promptly in writing of the Notes selected for redemption and, in the case or portions of any Note selected for partial redemption, the principal amount of each certificate selected Notes to be called for redemption.
Appears in 3 contracts
Samples: Indenture (Stone Container Corp), Indenture (Stone Container Corp), Indenture (Jsce Inc)
Selection of Notes to Be Redeemed. (a) If less than all of the Notes are to be redeemed, the Trustee shall select the Notes to be so redeemed among the Holders in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not listed so listed, on a national securities exchangepro rata basis (or, in the case of Global Notes, on as nearly a pro rata basis as is practicable, subject to the procedures of DTC or any other Depositary). In the event of partial redemption by lot, pro rata or in such other fair and appropriate manner chosen at the discretion of particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than three Business Days (unless a shorter period shall be agreeable to the Trustee. The ) prior to the giving of notice of redemption pursuant to Section 3.03 by the Trustee shall make the selection from the Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less may only be redeemed in whole. The Trustee may select for redemption portions Notes.
(equal to $1,000 or any integral multiple thereofb) of the principal of Notes that have denominations larger than $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the 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 in amounts of each certificate $2,000 or less shall be redeemed in part. The Trustee may select for redemption portions of the principal of Notes that have denominations larger than $2,000. Notes and portions of Notes selected for redemptionshall be in minimum amounts of $2,000 or whole multiples of $1,000 in excess thereof. Redemptions pursuant to Section 3.07(b) shall be made on a pro rata basis or on as nearly a pro rata basis as practicable (subject to the provisions of DTC or other Depositary).
Appears in 2 contracts
Samples: Indenture (Vital Energy, Inc.), Indenture (Vital Energy, Inc.)
Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed, the Trustee shall select the Notes to be so redeemed among the Holders of the Notes on a pro rata basis, by lot or in compliance accordance with any other method the Trustee considers fair and appropriate (and in such manner as complies with applicable legal requirements and the requirements of the principal national securities exchangestock exchange requirements, if any, on which the Notes are listed or, if the Notes are not listed on a national securities exchange, by lot, pro rata or in such other fair and appropriate manner chosen at the discretion of the Trustee. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption). The Trustee shall promptly notify the 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. The Trustee may select for redemption portions of each certificate the principal of Notes that have denominations larger than $1,000. Notes and portions of Notes selected shall be in Authorized Denominations; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not an Authorized Denomination, 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 (Reeves Industries Inc /De/), Indenture (Reeves Inc)
Selection of Notes to Be Redeemed. If the Issuer is redeeming less than all of the Notes are to be redeemedissued by it at any time, the Trustee shall select the Notes to be so redeemed (a) if the Notes are listed on any securities exchange, in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, exchanges on which the Notes are listed or, (b) if the Notes are not listed on a national securities exchange, by lot, on a pro rata basis to the extent practicable, or in by lot or by such other method as the Trustee in its sole discretion shall deem fair and appropriate manner chosen at appropriate; provided that no such partial redemption shall reduce the discretion portion of the Trusteeprincipal amount of a Note not redeemed to less than $1,000. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 in principal amount or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company Issuer and the Registrar promptly in writing of the Notes selected for redemption and, in the case or portions of any Note selected for partial redemption, the principal amount of each certificate selected Notes to be called for redemption.
Appears in 2 contracts
Samples: Indenture (Digicel Group LTD), Indenture (Digicel Group LTD)
Selection of Notes to Be Redeemed. If less fewer than all of the Notes are to be redeemed, the Trustee shall select Notes to be so redeemed in compliance with applicable legal requirements at any time and the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the such Notes are not listed on a any national securities exchange, by lotthe Trustee, in its sole discretion, shall select (or cause to be selected) the Notes to be redeemed on a pro rata basis, by lot or in such accordance with any other method the Trustee considers fair and appropriate manner chosen at appropriate. If such Notes are listed on any national securities exchange, the discretion Trustee will select such Notes for redemption in compliance with the requirements of such exchange. In the Trustee. The event of partial redemption, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the redemption date by the Trustee shall make the selection from the outstanding Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company 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. Notes and portions of each certificate Notes selected shall be in amounts of $2,000 or integral multiples of $1,000 in excess thereof. 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 (GameStop Corp.), Indenture (GameStop Corp.)
Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemedredeemed at any time, the Trustee shall will select Notes for redemption on a pro rata basis (or, in the case of Notes issued in global form pursuant to Article 2 hereof, based on a 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 selection as the Trustee deems fair and appropriate) unless otherwise required by law or applicable stock exchange or depositary requirements. In the event of partial redemption by lot, the particular Notes to be so redeemed in compliance with applicable legal requirements and will be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the requirements of redemption date by the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not listed on a national securities exchange, by lot, pro rata or in such other fair and appropriate manner chosen at the discretion of the Trustee. The Trustee shall make the selection from the outstanding Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall will promptly notify the Company 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. Notes and portions of each certificate Notes selected will be in amounts of $2,000 or whole multiples of $1,000 in excess thereof. 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 (Memorial Production Partners LP), Indenture (Memorial Production Partners LP)
Selection of Notes to Be Redeemed. (a) If less than all of the Notes are to be redeemedredeemed at any time, the Trustee shall select Notes to be so redeemed in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, for redemption on which the Notes are listed a pro rata basis (or, if in the Notes are not listed case of Global Notes, based on a national securities exchange, by lot, method that most nearly approximates a pro rata or in such other selection as the Trustee deems fair and appropriate manner chosen at the discretion of the Trusteeappropriate) unless otherwise required by law or applicable stock exchange or depositary requirements. The Trustee shall make the selection from the outstanding Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less may only be redeemed in whole. The Trustee may select for redemption portions .
(equal to $1,000 or any integral multiple thereofb) of the principal of Notes that have denominations larger than $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the 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. Notes and portions of each certificate Notes selected will be in amounts of $2,000 or integral multiples of $1,000 in excess thereof, and no Notes of $2,000 or less shall be redeemed in part; provided that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such 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.
Appears in 2 contracts
Samples: Indenture (Office Depot Inc), Indenture (Acco Brands Corp)
Selection of Notes to Be Redeemed. If less fewer than all of the Notes are to be redeemedredeemed pursuant to Paragraph 5 of the Notes, the Trustee shall select the Notes to be so redeemed (1) in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the such Notes are listed or, or (2) if the such Notes are not then listed on a national securities exchange, by lot, on a pro rata basis, by lot or in by such other method as the Trustee may reasonably determine is fair and appropriate manner chosen at appropriate, provided that no partial redemption will reduce the discretion principal amount of a Note to less than $1,000; and provided, further, that if a partial redemption is made with the proceeds of an Equity Offering then the selection of the TrusteeNotes 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 prohibited. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption and shall promptly notify the 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. Notes in denominations of $1,000 or less may only be redeemed only in whole. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount of each certificate selected for redemption.
Appears in 2 contracts
Samples: Indenture (Nationsrent Companies Inc), Indenture (Nationsrent Companies Inc)
Selection of Notes to Be Redeemed. If less fewer than all of the Notes are to be redeemedredeemed at any time, the Trustee shall select the Notes to be so redeemed in compliance by a method that complies with applicable legal requirements and the requirements requirements, as certified to it by the Issuer, of the principal national securities exchange, if any, on which the Notes are listed orat such time, if and in compliance with the Notes are not listed on a national securities exchangeapplicable procedures of DTC; provided, by lothowever, pro rata or in that no such other fair and appropriate manner chosen at partial redemption shall reduce the discretion portion of the Trusteeprincipal amount of a Note not redeemed to less than $2,000. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 or in principal amount and any integral multiple thereof) ; provided that no Notes of the $2,000 in principal of Notes that have denominations larger than $1,000amount or less may be redeemed in part. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company Issuer promptly in writing of the Notes selected or portions of Notes to be called for redemption. The Trustee shall not be liable for selections made in accordance with the provisions of this Section 3.03 or for selections made by DTC. Any redemption andand notice may, in the case Issuer’s discretion, be subject to the satisfaction of any Note selected for partial redemption, the principal amount of each certificate selected for redemptionone or more conditions precedent.
Appears in 2 contracts
Samples: Indenture (Royal Caribbean Cruises LTD), Indenture (Royal Caribbean Cruises LTD)
Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemedredeemed at any time, the Trustee shall will select Notes for redemption on a pro rata basis (or, 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 selection 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 so redeemed in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not listed on a national securities exchange, by lot, pro rata or in such other fair and appropriate manner chosen at the discretion of the Trusteepart. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall will promptly notify the 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. Notes and portions of each certificate Notes selected will be in minimum amounts of $2,000 or whole multiples of $1,000 in 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 (Permian Resources Corp), Indenture (Permian Resources Corp)
Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemedredeemed at any time, the Trustee shall select the Notes to be so redeemed in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not listed on a national securities exchange, pro rata, by lot, pro rata lot or in by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate manner chosen at the discretion appropriate; provided that no Notes of the Trustee$2,000 in principal amount or less shall be redeemed in part. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less may only be redeemed in whole. The Trustee may select for redemption portions (equal to integral multiples of $1,000 or any integral multiple thereof1,000) of the principal of Notes that have denominations larger than $1,0002,000 in principal amount; provided that the unredeemed portion of any Note shall be a minimum of $2,000 in principal amount. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company Issuer and the Registrar promptly in writing of the Notes selected for redemption and, in the case or portions of any Note selected for partial redemption, the principal amount of each certificate selected Notes to be called for redemption.
Appears in 2 contracts
Samples: Indenture (Kansas City Southern), Indenture (Kansas City Southern)
Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemedredeemed at any time, the Trustee shall select Notes to be so redeemed for redemption as follows:
(1) in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the Notes are listed or, listed;
(2) if the Notes are not listed so listed, on a national securities exchangepro rata basis, by lot, pro rata lot or in by such other method as the Trustee deems fair and appropriate manner chosen at appropriate; or
(3) otherwise in accordance with the discretion procedures of Depositary; provided, however, that no such partial redemption shall reduce the portion of the Trusteeprincipal amount of a Note not redeemed to less than $2,000. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 in principal amount or any integral multiple of $1,000 in excess thereof) ; provided, however, that no such redemption shall reduce the portion of the principal amount of Notes that have denominations larger a Note not redeemed to less than $1,0002,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company Issuers and the Registrar promptly in writing of the Notes selected for redemption and, in the case or portions of any Note selected for partial redemption, the principal amount of each certificate selected Notes to be called for redemption.
Appears in 2 contracts
Samples: Indenture (Sealed Air Corp/De), Indenture (Sealed Air Corp/De)
Selection of Notes to Be Redeemed. If less fewer than all of the Notes are to be redeemed, the Trustee shall select the Notes to be so redeemed in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not listed on a national securities exchangePRO RATA basis, by lot, pro rata lot or in such other fair and appropriate reasonable manner chosen at the discretion of the Trustee; 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 Trustee only on a PRO RATA basis, unless such method is otherwise prohibited. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption and shall promptly notify the 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. Notes in denominations of $1,000 or less may only be redeemed only in whole. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount of each certificate selected for redemption.
Appears in 2 contracts
Samples: Indenture (Dade Behring Holdings Inc), Indenture (Dade Behring Inc)
Selection of Notes to Be Redeemed. If In the event that less than all of the Notes are to be redeemedredeemed at any time, selection of such Notes for redemption shall be made by the Trustee shall select Notes to be so redeemed in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the such Notes are listed or, if the such Notes are not then listed on a national securities exchange, by lot, on a pro rata basis, by lot or in by such other method as the Trustee shall deem fair and appropriate manner chosen at appropriate; provided, however, that if a partial redemption is made with the discretion proceeds of a Public Equity Offering, selection of the TrusteeNotes 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 Depository procedures), unless such method is otherwise prohibited. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption and shall promptly notify the 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. Notes in denominations of $1,000 or less may only be redeemed only in whole. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount of each certificate selected for redemption.
Appears in 2 contracts
Samples: Indenture (PSS Holding Inc), Indenture (Everest One Ipa Inc)
Selection of Notes to Be Redeemed. If less fewer than all of the Notes are to be redeemed, selection of the Trustee shall select Notes to for redemption will be so redeemed made in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not listed but are in global form, then by lot or otherwise in accordance with the procedures of the Depositary or if the Notes are not listed and not in global form on a national securities exchangepro rata basis, by lot, pro rata lot or in by such other method as the U.S. Trustee in its sole discretion will deem to be fair and appropriate manner chosen at the discretion appropriate, although no note of the Trustee. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption$2,000 in original principal amount or less will be redeemed in part. Notes and portions of them selected for redemption shall be in denominations principal amounts of $2,000 or a whole multiple of $1,000 in excess thereof, to the extent practicable. The Company will redeem Notes in principal amounts of $2,000 or less may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,000whole and not in part. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The If the Notes are being redeemed other than on a pro rata basis, the U.S. Trustee shall promptly notify the Company in writing promptly of the Notes selected for redemption and, in the case or portions of any Note selected for partial redemption, the principal amount of each certificate selected for redemptionNotes to be redeemed.
Appears in 2 contracts
Samples: Indenture (Open Text Corp), Indenture (Open Text Corp)
Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemedredeemed at any time, the Trustee shall select the Notes to be so redeemed as follows:
(a) if the Notes are listed on any securities exchange, in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, exchange on which the Notes are listed listed; or,
(b) if the Notes are not listed on a national any securities exchange, by lot, on a pro rata or in basis, provided, however, that no such other fair and appropriate manner chosen at partial redemption shall reduce the discretion portion of the Trusteeprincipal amount of a Note not redeemed to less than €1,000. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less may only be redeemed in whole. The Trustee may select for redemption portions (equal to $€1,000 in principal amount or any integral multiple of €1 in excess thereof) of the principal of Notes that have denominations larger than $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company Issuer and the Registrar promptly in writing of the Notes selected or portions of Notes to be called for redemption. The Trustee shall not be liable for selections made in accordance with the provisions of this Section 3.03. Any redemption andand notice may, in the case Issuer's discretion, be subject to the satisfaction of any Note selected for partial redemption, the principal amount of each certificate selected for redemptionone or more conditions precedent.
Appears in 2 contracts
Selection of Notes to Be Redeemed. If less fewer than all of the Notes are to be redeemedredeemed pursuant to Paragraph 5 of the Notes, the Trustee shall select the Notes to be so redeemed redeemed:
(1) in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the such Notes are listed or,
(2) if the such Notes are not then listed on a national securities exchange, by lot, on a pro rata basis by lot or in by such other method as the Trustee may reasonably determine is fair and appropriate manner chosen at appropriate; provided that no partial redemption will reduce the discretion principal amount of a Note not redeemed to less than $1,000; and provided further, that if a partial redemption is made with the proceeds of an Equity Offering then the selection of the TrusteeNotes 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 prohibited. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption and shall promptly notify the 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. Notes in denominations of $1,000 or less in principal amount at maturity may only be redeemed only in whole. The Trustee may select for redemption portions (equal to $1,000 in principal amount at maturity or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount of each certificate selected for redemption.
Appears in 2 contracts
Samples: Indenture (Sand Springs Railway CO), Indenture (Hawk Corp)
Selection of Notes to Be Redeemed. (a) If the Company has elected to redeem less than all of the Notes are pursuant to Section 4.01 of this Indenture, the Trustee shall, within five (5) Business Days after receiving the notice specified in Section 4.02, select the Notes to be redeemed, on a pro rata basis or in accordance with any other method the Trustee shall select Notes to be so redeemed in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not listed on a national securities exchange, by lot, pro rata or in such other considers reasonably fair and appropriate manner chosen at the discretion of the Trusteeappropriate. The Trustee shall make the such selection from the Notes then outstanding and not already to be redeemed by virtue of having been previously called for redemption. Notes in denominations of $1,000 or less may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal amount of Notes that have denominations larger than $1,0001,000 principal amount. Provisions Notes and portions of this Indenture that apply to Notes called them the Trustee selects for redemption also apply to portions shall be in amounts of Notes called for redemption$1,000 principal amount or integral multiples of $1,000 principal amount. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, and the principal amount thereof to be redeemed.
(b) The Registrar need not register the transfer of each certificate or exchange any Notes that have been selected for redemption, except the unredeemed portion of the Notes being redeemed in part. The Registrar need not issue, authenticate, register the transfer of or exchange any Note for a period of fifteen (15) days before selecting, pursuant to this Section 4.03, the Notes to be redeemed.
Appears in 2 contracts
Samples: Indenture (Wright Medical Group Inc), Indenture (Wright Medical Group Inc)
Selection of Notes to Be Redeemed. If less than all In the case of any partial redemption, selection of the Notes are to for redemption will be redeemed, made by the Trustee shall select Notes to be so redeemed in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the Notes are listed or(and the Issuer shall notify the Trustee of such listing), or if the Notes are not listed so listed, on a national securities exchange, by lot, pro rata basis to the extent practicable or in by lot or by such other method as the Trustee shall deem fair and appropriate (and, in such manner chosen at that complies with the discretion requirements of the TrusteeDepository, if applicable); provided that no Notes of $2,000 (and integral multiples of $1,000 in excess thereof) or less shall be redeemed in part. The Trustee shall make the selection from the outstanding Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,0002,000. Notes and portions of them the Trustee selects shall be in amounts of $2,000 or integral multiples of $1,000 in excess thereof. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company in writing Issuer promptly of the Notes selected for redemption and, in the case or portions of any Note selected for partial redemption, the principal amount of each certificate selected for redemptionNotes to be redeemed.
Appears in 2 contracts
Samples: Amended and Restated Indenture (Cott Corp /Cn/), Indenture (DS Services of America, Inc.)
Selection of Notes to Be Redeemed. If less fewer than all of the Notes are to be redeemed, the Trustee shall select the Notes to be so redeemed in compliance with applicable legal requirements and the requirements of the principal national securities exchange, (a) if any, on which the Notes are listed oron an exchange, in compliance with the requirements of such exchange or (b) if the Notes are not listed on a national securities an exchange, by lot, on a pro rata basis to the extent practicable, or in otherwise, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate manner chosen at consistent with the discretion procedures of the TrusteeDepositary. The Trustee shall make the selection from the outstanding Notes outstanding and not previously called for redemption. Notes and portions of Notes the Trustee selects shall be in denominations principal amounts of $1,000 2,000 or less may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 or any integral a whole multiple thereof) of the principal of Notes that have denominations larger than $1,000, to the extent practicable. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company in writing Issuer promptly of the Notes selected for redemption and, in the case or portions of any Note selected for partial redemption, the principal amount of each certificate selected for redemptionNotes to be redeemed.
Appears in 2 contracts
Samples: Indenture (Graftech International LTD), Indenture (Graftech International LTD)
Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemedredeemed at any time, the Trustee shall will select Notes to be for redemption on a by lot basis (or, in the case of Notes issued in global form, based on a method that most nearly approximates a by lot selection) unless otherwise required by law or applicable stock exchange requirements; provided, however, that so redeemed long as DTC serves as a Depositary for Notes issued in compliance global form, any redemption will comply with the applicable legal requirements and the procedural requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not listed on a national securities exchange, by lot, pro rata or in such other fair and appropriate manner chosen at the discretion of the Trustee. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less may only be redeemed in whole. The Trustee may select for redemption portions (equal DTC with respect to $1,000 or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall will promptly notify the Company 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. Notes and portions of each certificate Notes selected will be in minimum amounts of $2,000 or whole multiples of $1,000 in 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 or purchase also apply to portions of Notes called for redemption.
Appears in 2 contracts
Samples: Indenture (Sunnova Energy International Inc.), Indenture (Sunnova Energy International Inc.)
Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemedredeemed at any time, the Trustee shall select the Notes to be so redeemed in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not listed on a national securities exchangepro rata basis, by lot or by such other method the Trustee deems fair and appropriate. In the event of partial redemption by lot, pro rata or in such other fair and appropriate manner chosen at the discretion of particular Notes to be redeemed shall be selected, unless other- wise provided herein, not less than 30 nor more than 60 days prior to the Trustee. The redemption date by the Trustee shall make the selection from the outstanding Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company 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. Notes and portions of each certificate Notes selected shall be in minimum amounts of $2,000 or integral multiples of $1,000 in excess thereof; no Notes of $2,000 or 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, 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 redemptionredemption also apply to portions of Notes called for re- demption.
Appears in 2 contracts
Selection of Notes to Be Redeemed. If less fewer than all of the Notes are to be redeemedredeemed pursuant to Section 6 of the Notes, the selection of the Notes for redemption will be made by the Trustee shall select Notes to be so redeemed either:
(1) in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the such Notes are listed or,
(2) if the such Notes are not then listed on a national securities exchange, by lot, on a pro rata basis, by lot or in by such other method as the Trustee may reasonably determine is fair and appropriate manner chosen at appropriate; provided that no partial redemption will reduce the discretion principal amount of the Trusteea Note not redeemed to less than $1,000. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption and shall promptly notify the 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. Notes in denominations of $1,000 or less in principal amount at maturity may only be redeemed only in whole. The Trustee may select for redemption portions (equal to $1,000 in principal amount at maturity or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount of each certificate selected for redemption.
Appears in 2 contracts
Samples: Indenture (CitiSteel PA, Inc.), Indenture (CitiSteel PA, Inc.)
Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemedredeemed at any time, the Trustee shall select Notes to be so redeemed for redemption as follows:
(1) in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the Notes are listed or, listed;
(2) if the Notes are not listed so listed, on a national securities exchangepro rata basis, by lot, pro rata lot or in by such other method as the Trustee deems fair and appropriate manner chosen at appropriate; or
(3) otherwise in accordance with the discretion procedures of DTC; provided, however, that no such partial redemption shall reduce the portion of the Trusteeprincipal amount of a Note not redeemed to less than $2,000. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 in principal amount or any integral multiple of $1,000 in excess thereof) ; provided, however, that no such redemption shall reduce the portion of the principal amount of Notes that have denominations larger a Note not redeemed to less than $1,0002,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company and the Registrar promptly in writing of the Notes selected for redemption and, in the case or portions of any Note selected for partial redemption, the principal amount of each certificate selected Notes to be called for redemption.
Appears in 2 contracts
Samples: Indenture (Sealed Air Corp/De), Indenture (Sealed Air Corp/De)
Selection of Notes to Be Redeemed. If less than all In the case of any partial redemption, selection of the Notes are to for redemption will be redeemed, made by the Trustee shall select Notes to be so redeemed in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the Notes are listed or(and the Issuers shall notify the Trustee in writing of any such listing), or if the Notes are not listed so listed, on a national securities exchange, by lot, pro rata basis to the extent practicable or in by lot or by such other method as the Trustee shall deem fair and appropriate (and, in each case, in such manner chosen at that complies with the discretion requirements of the TrusteeDepository, if applicable); provided that no Notes of $2,000 or less shall be redeemed in part. The Trustee shall make the selection from the outstanding Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,0002,000. Notes and portions of them the Trustee selects shall be in amounts of $2,000 or integral multiples of $1.00 in excess thereof. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Upon selection, the Trustee shall promptly notify the Company in writing Issuers promptly of the Notes selected for redemption and, in the case or portions of any Note selected for partial redemption, the principal amount of each certificate selected for redemptionNotes to be redeemed.
Appears in 1 contract
Samples: Indenture (Talos Energy Inc.)
Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemedredeemed at any time, the Trustee shall will select Notes to be so redeemed the Notes, or portions thereof, for redemption in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not listed on a national securities exchange, by lot, on a pro rata basis, by lot or in by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate manner chosen at the discretion of the Trustee. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption. Notes in denominations appropriate; provided that no Note of $1,000 in principal amount or less may only shall be redeemed in wholepart. The Trustee may select for If any Note is to be redeemed in part only, the notice of redemption portions (equal relating to $1,000 or any integral multiple thereof) such Note shall state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of Notes that have denominations larger than $1,000the Holder thereof upon cancellation of the original Note. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company and the Registrar promptly in writing of the Notes selected for redemption and, in the case or portions of any Note selected for partial redemption, the principal amount of each certificate selected Notes to be called for redemption.
Appears in 1 contract
Samples: Indenture (Powertel Inc /De/)
Selection of Notes to Be Redeemed. If less fewer than all of the Notes are to be redeemed, selection of the Trustee shall select Notes to be so redeemed will be made by the Trustee in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not then listed on a national securities exchange, by lot, on a pro rata basis, by lot or in such other fair and appropriate reasonable manner chosen at the discretion of the Trustee. The Company shall promptly notify the Trustee and the Paying Agent in writing of the date of listing and the name of the securities exchange if and when the Notes are listed on a principal national securities exchange. The Trustee shall make 112 -39- the selection from the Notes outstanding and not previously called for redemption and shall promptly notify the 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. Notes in denominations of $1,000 or less may only be redeemed only in whole. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount of each certificate selected for redemption.
Appears in 1 contract
Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemedredeemed pursuant to paragraph 5 of the Notes, the Trustee shall select the Notes to be so redeemed in compliance with applicable legal requirements and the requirements of the principal national securities exchangerequirements, if any, of any securities exchange on which the Notes are listed or, if the Notes are not listed on a national securities exchangepro rata basis, by lot, pro rata lot or in such other manner as the Trustee shall deem fair and appropriate manner chosen at the discretion appropriate. Selection of the TrusteeNotes to be redeemed pursuant to paragraph 6 of the Notes 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) based on the aggregate principal amount of Notes held by each Holder. The Trustee shall make the selection from the Notes outstanding then outstanding, subject to redemption and not previously called for redemption. Notes in denominations of $1,000 or less may only be redeemed in whole. The Trustee may select for redemption pursuant to paragraph 5 or 6 of the Notes, portions (equal to $1,000 or any integral multiple thereof) of the principal amount of Notes that have denominations equal to or larger than $1,0001,000 principal amount. Notes and portions of them the Trustee so selects shall be in amounts of $1,000 principal amount or integral multiples thereof. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount of each certificate selected for redemption.
Appears in 1 contract
Samples: Indenture (Bedding Experts Inc)
Selection of Notes to Be Redeemed. (a) If less than all of the Notes are to be redeemedredeemed at any time, the Trustee shall select the Notes to be so redeemed among the Holders as follows: (1) if the Notes are listed on any national securities exchange, in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, exchange on which the Notes are listed or, listed; or (2) if the Notes are not listed on a any national securities exchange, by lot, on a pro rata basis (except that any Notes represented by a Global Note will be selected by such method as DTC or in such other fair and appropriate manner chosen at the discretion of the Trustee. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 its nominee or less successor may only be redeemed in whole. The Trustee may select for redemption portions require).
(equal to $1,000 or any integral multiple thereofb) of the principal of Notes that have denominations larger than $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company 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. Notes and portions of each certificate Notes selected shall be in minimum amounts of at least $2,000 or integral multiples of $1,000 in excess of $2,000; provided, however, that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not $2,000 or a multiple of $1,000, shall be redeemed. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.
Appears in 1 contract
Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemedredeemed at any time, Notes will be selected for redemption as follows: (1) if the Notes are listed on any national securities exchange, by the Trustee shall select Notes to be so redeemed in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, exchange on which the Notes are listed or, listed; or (2) if the Notes are not listed on a any national securities exchange, by lot, the Trustee on a pro rata or basis (or, in such other fair and appropriate manner chosen at the discretion case of Global Notes, shall be selected for redemption by the TrusteeDepositary based on the Depositary’s applicable procedures). The Trustee shall make the selection from the Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall will promptly notify the Company 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. Notes and portions of each certificate Notes selected will be in minimum amounts of $2,000 or whole multiples of $1,000 in 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 (Exterran Corp)
Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemedredeemed at any time, the Trustee shall select the Notes to be so redeemed (a) if the Notes are listed on any national securities exchange, in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, exchange on which the Notes are listed or, if the Notes are not listed or (b) on a national securities exchange, pro rata basis or by lot, pro rata or in by such other method in accordance with the procedures of DTC the Trustee shall deem fair and appropriate manner chosen at appropriate. In the discretion event of partial redemption by lot, the Trustee. The particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the Redemption Date by the Trustee shall make the selection from the outstanding Notes outstanding and not previously called for redemption. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption and, in denominations the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts of $2,000 or whole multiples of $1,000 or in excess thereof; no Notes of less may only than $2,000 can be redeemed in wholepart. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of Except as provided in the principal of Notes that have denominations larger than $1,000. Provisions 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 promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount of each certificate selected for redemption.
Appears in 1 contract
Samples: Senior Secured First Lien Notes Indenture (Claires Stores Inc)
Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemedredeemed at any time, the Trustee shall will select Notes for redemption on a pro rata basis (or, 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, by pro rata selection or by lot 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 so redeemed in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not listed on a national securities exchange, by lot, pro rata or in such other fair and appropriate manner chosen at the discretion of the Trusteepart. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall will promptly notify the 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. Notes and portions of each certificate Notes selected will be in minimum amounts of $2,000 or whole multiples of $1,000 in 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 (Penn Virginia Corp)
Selection of Notes to Be Redeemed. If less than all of the --------------------------------- Notes are to be redeemedredeemed at any time, the Trustee shall select the Notes to be so redeemed in compliance with applicable legal requirements and the requirements requirements, as certified to it by the Obligors, of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not listed on a national securities exchange, by lot, pro rata lot or in by such other method as the Trustee in its sole discretion shall deem fair and appropriate manner chosen appropriate; provided that no Notes of $1,000 in principal amount at the discretion of the Trusteematurity or less shall be redeemed in part. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less in principal amount at maturity may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 in principal amount at maturity or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,0001,000 in principal amount at maturity. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company Obligors and the Registrar promptly in writing of the Notes selected for redemption and, in the case or portions of any Note selected for partial redemption, the principal amount of each certificate selected Notes to be called for redemption.
Appears in 1 contract
Selection of Notes to Be Redeemed. If less fewer than all of the Notes are to be redeemed, selection of the Trustee shall select Notes to be so redeemed will be made by the Trustee in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not then listed on a national securities exchange, by lot, on a pro rata basis, by lot or in such other fair and appropriate reasonable manner chosen at the discretion of the Trustee. The Company shall promptly notify the Trustee and the Paying Agent in writing of the date of listing and the name of the securities exchange if and when the Notes are listed on a principal national securities exchange. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption and shall promptly notify the 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. Notes in denominations of $1,000 or less may only be redeemed only in whole. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount of each certificate selected for redemption.
Appears in 1 contract
Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemedredeemed at any time, the Trustee shall will select Notes for redemption on a pro rata basis unless otherwise required by law or applicable stock exchange requirements. If a pro rata redemption is not permitted as provided above, then the particular Notes to be redeemed will be selected by lot and, unless otherwise provided herein, shall be so redeemed in compliance with applicable legal requirements and selected, not less than 30 nor more than 60 days prior to the requirements of redemption date by the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not listed on a national securities exchange, by lot, pro rata or in such other fair and appropriate manner chosen at the discretion of the Trustee. The Trustee shall make the selection from the outstanding Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall will promptly notify the 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. Notes and portions of each certificate Notes selected will be in amounts of $2,000 and whole multiples of $1,000 in 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, 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 (Wca Waste Corp)
Selection of Notes to Be Redeemed. If less than all In the case of any partial redemption, selection of the Notes are to for redemption will be redeemed, made by the Trustee shall select Notes to be so redeemed in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the Notes are listed or(and the Issuer shall notify the Trustee of any such listing), or if the Notes are not listed so listed, on a national securities exchange, by lot, pro rata basis to the extent practicable or in by lot or by such other method as the Trustee shall deem fair and appropriate (and, in such manner chosen at that complies with the discretion requirements of the TrusteeDepository, if applicable); provided that no Notes of $2,000 (and integral multiples of $1,000 in excess thereof) or less shall be redeemed in part. The Trustee shall make the selection from the outstanding Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,0002,000. Notes and portions of them the Trustee selects shall be in amounts of $2,000 or integral multiples of $1,000 in excess thereof. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company in writing Issuer promptly of the Notes selected for redemption and, in the case or portions of any Note selected for partial redemption, the principal amount of each certificate selected for redemptionNotes to be redeemed.
Appears in 1 contract
Selection of Notes to Be Redeemed. If less than all of the Dollar Notes and/or Euro Notes are to be redeemedredeemed or purchased in an offer to purchase at any time, selection of such series for redemption will be made by the Trustee on a pro rata basis, by lot or by such method as the Trustee shall select deem fair and appropriate. In the event of partial redemption, the particular Notes to be so redeemed in compliance with applicable legal requirements and shall be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the requirements of Redemption Date by the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not listed on a national securities exchange, by lot, pro rata or in such other fair and appropriate manner chosen at the discretion of the Trustee. The Trustee shall make the selection from the outstanding Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the 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 Dollar Notes of each certificate selected a principal amount of $100,000 or less and no Euro Notes of a principal amount of €50,000 or less shall be redeemed in part, 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 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
Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemedredeemed at any time, the Trustee shall select the Notes to be so redeemed in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not listed on a national securities exchange, pro rata basis or by lot, pro rata or in by such other method in accordance with the procedures of DTC the Trustee shall deem fair and appropriate manner chosen at appropriate. In the discretion event of partial redemption by lot, the Trustee. The Trustee particular Notes to be redeemed shall make be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the selection Redemption Date from the outstanding Notes outstanding and not previously called for redemption. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption and, in denominations the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts of $2,000 or whole multiples of $1,000 or in excess thereof; no Notes of less may only than $2,000 can be redeemed in wholepart. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of Except as provided in the principal of Notes that have denominations larger than $1,000. Provisions 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 promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount of each certificate selected for redemption.
Appears in 1 contract
Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemedredeemed or purchased in an offer to purchase at any time, the Trustee shall select the Notes to be so redeemed or purchased among the Holders of the Notes in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not listed so listed, on a national securities exchangepro rata basis, by lot, pro rata lot or in such accordance with any other method the Trustee considers fair and appropriate manner chosen at the discretion of the Trusteeappropriate. The Trustee shall make the selection from the No Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less may only shall be redeemed in wholepart. The In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the redemption date by the Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of from the principal of outstanding Notes that have denominations larger than $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes not previously called for redemption. The Trustee shall promptly notify the 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. Notes and portions of each certificate Notes selected for redemption.shall be in amounts of $1,000 or whole multiples of $1,000; except that if all of the Notes of a
Appears in 1 contract
Samples: Indenture (Advance Paradigm Inc)
Selection of Notes to Be Redeemed. If less fewer than all of the Notes are to be redeemed, the Trustee shall select the Notes to be so redeemed in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not listed on a national securities exchangepro rata --- ---- basis, by lot, pro rata lot or in such other fair and appropriate reasonable manner chosen at the discretion of the Trustee; 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 Trustee only on a pro rata --- ---- basis, unless such method is otherwise prohibited. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption and shall promptly notify the 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. Notes in denominations of $1,000 or less may only be redeemed only in whole. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount of each certificate selected for redemption.
Appears in 1 contract
Samples: Indenture (Dade International Inc)
Selection of Notes to Be Redeemed. If less fewer than all of the Notes are to be redeemed, selection of the Trustee shall select Notes to be so redeemed will be made by the Trustee on a pro rata basis, by lot or in such other fair and reasonable manner chosen at the discretion of the Trustee; provided, however, that if a partial redemption is made with the proceeds of a public equity offering, selection of the Notes or portion thereof for redemption shall be made by the Trustee only on a pro rata basis, unless such method is otherwise prohibited, or, in all cases, notice is given to the Trustee that redemption must be in compliance with applicable legal requirements and the requirements of the principal national securities Securities exchange, if any, on which the Notes are listed orlisted. selected for redemption and, if in the Notes are not listed on a national securities exchangecase of any Note selected for partial redemption, by lot, pro rata or in such other fair and appropriate manner chosen at the discretion of the Trustee. The Trustee shall make the selection from the Notes outstanding and not previously called for redemptionprincipal amount thereof to be redeemed. Notes in denominations of $1,000 or less may only be redeemed only in whole. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount of each certificate selected for redemption.
Appears in 1 contract
Samples: Indenture (Express Scripts Inc)
Selection of Notes to Be Redeemed. If less fewer than all of the Notes are to be redeemedredeemed pursuant to Paragraph 6 of the Notes, the Trustee shall select the Notes to be so redeemed redeemed:
(1) in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the such Notes are listed or,
(2) if the such Notes are not then listed on a national securities exchange, by lot, pro rata or in such other fair and appropriate manner chosen at ; provided that no partial redemption will reduce the discretion principal amount of the Trusteea Note not redeemed to less than $1,000. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption and shall promptly notify the 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. Notes in denominations of $1,000 or less in principal amount at maturity may only be redeemed only in whole. The Trustee may select for redemption portions (equal to $1,000 in principal amount at maturity or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount of each certificate selected for redemption.
Appears in 1 contract
Samples: Indenture (Tcby of Australia, Inc.)
Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemedredeemed or purchased at any time, the Trustee shall shall, upon prior written request of the Issuers, select the Notes to be so redeemed in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not listed or purchased on a national securities exchangepro rata basis, and in any case in accordance with the Applicable Procedures to the extent applicable. In the event of partial redemption by lot, pro rata or in such other fair and appropriate manner chosen at the discretion of particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 10 days nor more than 60 days prior to the Trustee. The Redemption Date by the Trustee shall make the selection from the outstanding Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company 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 each certificate selected $2,000 or 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 (Magnolia Oil & Gas Corp)
Selection of Notes to Be Redeemed. If less fewer than all of the Notes are to be redeemed, selection of the Notes or portions thereof for redemption shall be made by the Trustee shall select Notes to be so redeemed in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not listed on a national securities exchange, by lot, pro rata or in such other manner as it shall deem appropriate and fair and appropriate in such manner chosen at as complies with any applicable legal requirements; provided, however, that if a partial redemption is made with the discretion proceeds of a Public Equity Offering, selection is made with the proceeds of a Public Equity Offering, selection of the TrusteeNotes or portions thereof for redemption shall be made by the Trustee only on a pro rata basis, unless such method is otherwise prohibited. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption and 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. Notes in denominations of $1,000 or less may only be redeemed only in whole. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount of each certificate selected for redemption.
Appears in 1 contract
Selection of Notes to Be Redeemed. If less fewer than all of the Notes are to be redeemed, selection of the Trustee shall select Notes to be so redeemed will be made by the Trustee in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not then listed on a national securities exchange, by lot, on a pro rata basis, by lot or in such other fair and appropriate reasonable manner chosen at the discretion of the Trustee; provided, however, that if a partial redemption is made with the proceeds of a Public Equity Offering, selection of the Notes or portion thereof for redemption shall be made by the Trustee only on a pro rata basis, unless such method is otherwise prohibited. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption and shall promptly notify the 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. Notes in denominations of $1,000 or less may only be redeemed only in whole. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount of each certificate selected for redemption.
Appears in 1 contract
Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemedredeemed or purchased in an offer to purchase at any time, the Trustee shall select the Notes to be so redeemed in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not listed or purchased on a national securities exchangepro rata basis, by lot, pro rata lot or in by such other method as the Trustee shall deem fair and appropriate manner chosen at appropriate. In the discretion event of partial redemption, the Trustee. The particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the Redemption Date by the Trustee shall make the selection from the outstanding Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company 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 each certificate selected principal amount of $2,000 or less shall 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 Second Supplemental Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.
Appears in 1 contract
Selection of Notes to Be Redeemed. If less fewer than all of the Notes are to be redeemed, the Trustee shall select the Notes to be so redeemed in compliance on a pro rata basis, by lot or by such other method as the Trustee shall determine to be fair and appropriate; provided, however, that if a partial redemption is made with applicable legal requirements and the requirements proceeds of a Public Equity Offering, selection of the principal national securities exchange, if any, on which Notes or portion thereof for redemption shall be made by the Notes are listed or, if the Notes are not listed Trustee only on a national securities exchange, by lot, pro rata or in basis, unless such other fair and appropriate manner chosen at the discretion of the Trusteea method is prohibited. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption and shall promptly notify the 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. Notes in denominations of $1,000 or less may only be redeemed only in whole. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount of each certificate selected for redemption.
Appears in 1 contract
Samples: Indenture (Sheffield Steel Corp)
Selection of Notes to Be Redeemed. If less than all In the case of any partial redemption of the Notes, selection of the Notes are to for redemption will be redeemed, made by the Trustee shall select (i) if the Company gives written notice to the Trustee that the Notes to be so redeemed are listed in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, exchange on which the Notes are listed or, or (ii) if the Company does not give written notice to the Trustee that the Notes are not listed listed, on a national securities exchange, by lot, pro rata or basis (or, in such other fair and appropriate manner chosen at the discretion case of Notes in global form, the TrusteeNotes represented thereby will be selected in accordance with the Depositary’s prescribed method). The Trustee shall make the selection from the outstanding Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,000U.S.$2,000. Notes and portions of them the Trustee selects for redemption shall be in minimum amounts of U.S.$2,000 or a whole multiple of U.S.$1,000 in excess thereof. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company in writing promptly of the Notes selected or portions of Notes to be redeemed. The Trustee may rely upon information provided by the Registrar for redemption and, purposes of this Section 3.2. The Trustee shall not be liable for the selection made in the case of any Note selected for partial redemption, the principal amount of each certificate selected for redemptionaccordance with this Section 3.2.
Appears in 1 contract
Samples: Indenture (Baytex Energy Corp.)
Selection of Notes to Be Redeemed. (a) If less than all of the Notes are to be redeemedredeemed at any time, the Trustee shall select the Notes to be so redeemed among the Holders as follows: (1) if the Notes are listed on any national securities exchange, in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, exchange on which the Notes are listed or, listed; or (2) if the Notes are not listed on a any national securities exchange, by lot, on a pro rata basis (except that any Notes represented by a Global Note will be selected by such method as DTC or in its nominee or successor may require or, where such other fair and appropriate manner chosen at the discretion of nominee or successor is the Trustee. The Trustee shall make the , a method that most nearly approximate pro rata selection from the Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less may only be redeemed in whole. The Trustee may select for redemption portions unless otherwise required by law).
(equal to $1,000 or any integral multiple thereofb) of the principal of Notes that have denominations larger than $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company 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. Notes and portions of each certificate Notes selected shall be in minimum amounts of at least $2,000 or integral multiples of $1,000 in excess of $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, even if not $2,000 or a multiple of $1,000, shall be redeemed. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.
Appears in 1 contract
Selection of Notes to Be Redeemed. If less than all the --------------------------------- Notes are to be redeemed at any time, selection of the Notes to be redeemed shall be made by the Trustee, on a pro rata basis or by lot or by any other means the Trustee determines to be fair and appropriate and that complies with applicable legal and securities exchange requirements, provided that the Trustee may select for redemption in part only Notes in denominations larger than US$1,000. In selecting Notes to be redeemed pursuant to this Section 3.03, the Trustee shall make such adjustments, reallocations and eliminations as it shall deem proper so that the principal amount of each Note to be redeemed shall be US$1,000 or an integral multiple thereof, by increasing, decreasing or eliminating any amount less than US$1,000 which would be allocable to any Holder. The Trustee in its discretion may determine the particular Notes (if there are more than one) registered in the name of any Holder which are to be redeemed, the Trustee shall select Notes to be so redeemed in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not listed on a national securities exchange, by lot, pro rata whole or in such other fair and appropriate manner chosen at the discretion of the Trustee. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,000part. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company in writing promptly of the Notes selected for redemption and, in the case or portions of any Note selected for partial redemption, the principal amount of each certificate selected for redemptionNotes to be redeemed.
Appears in 1 contract
Samples: Indenture (Azteca Holdings Sa De Cv)
Selection of Notes to Be Redeemed. If
(a) In the event that less than all of the Notes are to be redeemedredeemed at any time, the Indenture Trustee shall select the particular Notes to be so redeemed in compliance with applicable legal requirements and the requirements of the principal national securities exchangeexchange or market, if any, on which the Notes are then listed or, if the Notes are not then listed on a national securities exchangeexchange or market, on a pro rata basis, by lot, pro rata lot or in such by any other method as the Indenture Trustee shall deem fair and appropriate manner chosen at (or such other basis as required by the discretion applicable depositary for the Notes). No Notes of the Trustee. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption. Notes in denominations a principal amount of $1,000 U.S.$200,000 or less may only be redeemed in whole. part and Notes of a principal amount in excess of U.S.$200,000 may be redeemed in multiples of U.S.$1,000 only.
(b) The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company 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. Provisions of each certificate selected this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. At least five days prior to the date any notice of partial redemption is to be delivered to the Holders, the Issuer shall provide notice thereof to the Indenture Trustee in order for it to make such selection.
Appears in 1 contract
Samples: Indenture
Selection of Notes to Be Redeemed. If less than all of the Notes of any series are to be redeemedredeemed at any time, the Trustee shall select the Notes of that series to be so redeemed in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the Notes of that series are listed or, if the Notes of that series are not listed on a national securities exchangeexchange or automated quotation system, on a pro rata basis, by lot, pro rata lot or in by such other method as the Trustee in its sole discretion shall deem fair and appropriate manner chosen at the discretion appropriate; PROVIDED that no Note of the Trustee$1,000 in principal amount or less shall be redeemed in part. The Trustee shall make the selection from the Notes of that series outstanding and not previously called for redemption. Notes in denominations of $1,000 or less in principal amount may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 in principal amount or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,0001,000 in principal amount. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company Issuer and the Registrar promptly in writing of the Notes selected for redemption and, in the case or portions of any Note selected for partial redemption, the principal amount of each certificate selected Notes to be called for redemption.
Appears in 1 contract
Samples: Indenture (Stone Container Finance CO of Canada II)
Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed, the Trustee shall select the Notes to be so redeemed in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not listed on a national securities exchangepro rata basis, by lot, pro rata lot or in by such other method as the Trustee shall deem fair and appropriate manner chosen at . In any proration, the discretion Trustee shall make such adjustments, reallocations and eliminations as it shall deem proper to the end that the principal amount of each Note so prorated shall be equal to an authorized denomination, by increasing or decreasing or eliminating the Trusteeamount which would be allocable to any Note on the basis of exact proportion by an amount not exceeding $1,000. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption. The Trustee shall promptly notify the Company in writing of such Notes selected for redemption and, in denominations the case of $1,000 or less may only Notes selected for partial redemption, the principal amount to be redeemed in wholeredeemed. The Trustee may select for redemption portions (of the principal amount of Notes that have denominations equal to $1,000 or any integral multiple multiples thereof) of the principal of Notes that have denominations larger than $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount of each certificate selected for redemption.
Appears in 1 contract
Samples: Indenture (Home Holdings Inc)
Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemedredeemed at any time, the Trustee shall select the Notes to be so redeemed in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the Notes are listed or, or if the Notes are not listed on a national securities exchange, by lot, pro rata lot or in by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate manner chosen appropriate; provided that no Notes of DM 1,000 in principal amount at the discretion of the Trusteematurity or less shall be redeemed in part. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption. Notes in denominations of $DM 1,000 or less in principal amount at maturity may only be redeemed in whole. The Trustee may select for redemption portions (equal to $DM 1,000 in principal amount at maturity or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,000DM 1,000 in principal amount at maturity. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company and the Registrar promptly in writing of the Notes selected for redemption and, in the case or portions of any Note selected for partial redemption, the principal amount of each certificate selected Notes to be called for redemption.
Appears in 1 contract
Selection of Notes to Be Redeemed. (a) If less than all of the Notes are to be redeemedredeemed at any time, the Trustee shall select the Notes to be so redeemed among the Holders as follows: (1) if the Notes are listed on any national securities exchange, in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, exchange on which the Notes are listed or, listed; or (2) if the Notes are not listed on a any national securities exchange, by lot, on a pro rata basis (except that any Notes represented by a Global Note will be selected by such method as DTC or in its nominee or successor may require or, where such other fair and appropriate manner chosen at the discretion of nominee or successor is the Trustee. The Trustee shall make the , a method that most nearly approximates pro rata selection from the Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less may only be redeemed in whole. The Trustee may select for redemption portions unless otherwise required by law).
(equal to $1,000 or any integral multiple thereofb) of the principal of Notes that have denominations larger than $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company 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. Notes and portions of each certificate Notes selected shall be in minimum amounts of at least $2,000 or integral multiples of $1,000 in excess of $2,000; provided, however, that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not $2,000 or a multiple of $1,000, shall be redeemed. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.
Appears in 1 contract
Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed, the Trustee shall select the Notes to be so redeemed in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the Notes being redeemed are listed or, if the Notes are not listed on a national securities exchange, by lot, on a pro rata basis, provided that no Notes of a principal amount of $1.00 or less shall be redeemed in such other fair and appropriate manner chosen at the discretion of the Trusteepart. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption. The Trustee shall promptly notify the Issuers in writing of such Notes selected for redemption and, in denominations the case of $1,000 or less may only Notes selected for partial redemption, the principal amount to be redeemed in wholeredeemed. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal amount of Notes that have denominations larger than $1,0001.00. Notes and portions thereof the Trustee selects shall be in amounts of $1.00 or integral multiples of $1.00. No Notes that have denominations of $1.00 or less shall be selected by the Trustee for partial redemption. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount of each certificate selected for redemption.
Appears in 1 contract
Samples: Indenture (Blue Steel Capital Corp)
Selection of Notes to Be Redeemed. If less fewer than all of the Notes are to be redeemedredeemed pursuant to Section 5 of the Notes, the selection of the Notes for redemption will be made by the Trustee shall select Notes to be so redeemed either:
(1) in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the such Notes are listed or,
(2) if the such Notes are not then listed on a national securities exchange, by lot, on a pro rata basis, by lot or in by such other method as the Trustee may reasonably determine is fair and appropriate manner chosen at appropriate; provided that no partial redemption will reduce the discretion principal amount of the Trusteea Note not redeemed to less than $1,000. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption and shall promptly notify the 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. Notes in denominations of $1,000 or less in principal amount at maturity may only be redeemed only in whole. The Trustee may select for redemption portions (equal to $1,000 in principal amount at maturity or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount of each certificate selected for redemption.
Appears in 1 contract
Selection of Notes to Be Redeemed. If less than all of the --------------------------------- Notes are to be redeemedredeemed at any time, the Trustee shall select the Notes to be so redeemed in compliance with applicable legal requirements and the requirements requirements, as certified to it by the Company, of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not listed on a national securities exchange, by lot, on a pro rata basis, by lot or in by such other method as the Trustee in its sole discretion shall deem fair and appropriate manner chosen appropriate; provided that no Notes of $1,000 in principal amount at the discretion of the Trusteematurity or less shall be redeemed in part. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less in principal amount at maturity may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 in principal amount at maturity or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,0001,000 in principal amount at maturity. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company and the Registrar promptly in writing of the Notes selected for redemption and, in the case or portions of any Note selected for partial redemption, the principal amount of each certificate selected Notes to be called for redemption.
Appears in 1 contract
Samples: Indenture (Diva Systems Corp)
Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemedredeemed or purchased in an offer to purchase at any time, the Trustee shall select the Notes to be so redeemed in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not listed or purchased on a national securities exchangepro rata basis, by lot, pro rata lot or in by such other method as the Trustee shall deem fair and appropriate manner chosen at appropriate. In the discretion event of partial redemption, the Trustee. The particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the Redemption Date by the Trustee shall make the selection from the outstanding Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company 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 each certificate selected principal amount of $2,000 or less shall 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
Selection of Notes to Be Redeemed. If less than all of --------------------------------- the Notes are to be redeemedredeemed at any time, the Trustee shall select the Notes to be so redeemed in compliance with applicable legal requirements and the requirements requirements, as certified to it by the Company, of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not listed on a national securities exchange, by lot, on a pro rata basis, by lot or in by such other method as the Trustee in its sole discretion shall deem fair and appropriate manner chosen appropriate; provided that no Notes of $ 1,000 in principal amount at the discretion of the Trusteematurity or less shall be redeemed in part. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less in principal amount at maturity may only be redeemed in whole. The Trustee may select for redemption portions (equal to $$ 1,000 in principal amount at maturity or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,0001,000 in principal amount at maturity. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company and the Registrar promptly in writing of the Notes selected for redemption and, in the case or portions of any Note selected for partial redemption, the principal amount of each certificate selected Notes to be called for redemption.
Appears in 1 contract
Samples: Indenture (Earthwatch Inc)
Selection of Notes to Be Redeemed. If less fewer than all of the Notes of either series are to be redeemed, the Trustee shall select Notes to be so redeemed in compliance with applicable legal requirements at any time and the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the such Notes are not listed on a any national securities exchange, by lotthe Trustee, in its sole discretion, shall select (or cause to be selected) the Notes to be redeemed on a pro rata basis, by lot or in such accordance with any other method the Trustee considers fair and appropriate manner chosen at appropriate. If such Notes are listed on any national securities exchange, the discretion Trustee will select such Notes for redemption in compliance with the requirements of such exchange. In the Trustee. The event of partial redemption, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the redemption date by the Trustee shall make the selection from the outstanding Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company 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. Notes and portions of each certificate Notes selected shall be in amounts of $1,000 or integral multiples thereof. 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 (Gamestop Corp)
Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed, 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 (so redeemed in compliance with applicable legal requirements and long as such method is not prohibited by the requirements rules of the principal national securities exchange, if any, any stock exchange on which the Notes are listed or, if the Notes are not listed on a national securities exchange, by lot, pro rata or in such other fair and appropriate manner chosen at the discretion of the Trusteethen listed). The Trustee shall make the selection at least 15 days but not more than 60 days before the Redemption Date from the outstanding Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal amount of Notes that have denominations larger than $1,000. Notes and portions of them the Trustee selects shall be in principal amounts of $1,000 or an integral multiple of $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company in writing Issuers promptly of the Notes selected for redemption and, in the case or portions of Notes to be redeemed. If any Note selected for partial redemptionredemption is converted in part before termination of the conversion right with respect to the portion of the Note so selected, the principal amount converted portion of each certificate such Note shall be deemed (so far as may be) to be the portion selected for redemption. Notes which 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
Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemedredeemed or purchased in an offer to purchase at any time, the Trustee shall select the Notes to be so redeemed in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not listed or purchased on a national securities exchangepro rata basis, by lot, pro rata lot or in by such other method as the Trustee shall deem fair and appropriate manner chosen at appropriate. In the discretion event of partial redemption, the Trustee. The particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the Redemption Date by the Trustee shall make the selection from the outstanding Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company 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 each certificate selected principal amount of $2,000 or less shall 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 First Supplemental Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.
Appears in 1 contract
Selection of Notes to Be Redeemed. If less fewer than all of the Notes are to be redeemedredeemed pursuant to the provisions of this Indenture, the Trustee shall select the Notes to be so redeemed (1) in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the such Notes are listed or, or (2) if the such Notes are not then listed on a national securities exchange, by lot, on a pro rata basis, by lot or in by such other method as the Trustee may reasonably determine is fair and appropriate manner chosen at the discretion of the Trusteeappropriate. The Trustee shall make the selection from the applicable Notes outstanding and not previously called for redemption and shall promptly notify the Company in writing of the applicable Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof, to be redeemed. No Notes in denominations of a principal amount of $1,000 or less may only shall be redeemed in wholepart and Notes of a principal amount in excess of $1,000 may be redeemed in part in multiples of $1,000 only. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal amount of applicable Notes that have denominations larger than $1,000. Provisions of this Indenture that apply to applicable Notes called for redemption also apply to portions of applicable Notes called for redemption. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount of each certificate selected for redemption.
Appears in 1 contract
Samples: Indenture (Energy Partners LTD)
Selection of Notes to Be Redeemed. If less fewer than all of the Notes are to be redeemedredeemed pursuant to the provisions of this Indenture, the Trustee shall select the Notes to be so redeemed (1) in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the such Notes are listed or, or (2) if the such Notes are not then listed on a national securities exchange, by lot, on a pro rata basis, by lot or in by such other method as the Trustee may reasonably determine is fair and appropriate manner chosen at appropriate, provided, that if any such partial redemption is made with the discretion proceeds of an Equity Offering, the TrusteeTrustee will select the Notes 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. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption and shall promptly notify the 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 $1,000 or less shall be redeemed in part. Notes of a principal amount in denominations of $1,000 or less may only be redeemed only in whole. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal amount of Notes that have denominations larger than $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount of each certificate selected for redemption.
Appears in 1 contract
Samples: Indenture (Sterling Chemicals Inc)
Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemedredeemed at any time, the Trustee shall select the Notes to be so redeemed in compliance with applicable legal requirements and the requirements requirements, as certified to it by the Company, of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not listed on a national securities exchangeexchange or automated quotation system on a pro rata basis, by lot, pro rata lot or in by such other method as the Trustee in its sole discretion shall deem fair and appropriate manner chosen at and/or in accordance with guidelines set by the discretion Depositary; provided that no Note of the Trustee$2,000 in principal amount or less shall be redeemed in part. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less 2,000 in principal amount may only be redeemed in whole. The Trustee may select for redemption portions (equal to $2,000 in principal amount or multiples of $1,000 or any integral multiple in excess thereof) of the principal of Notes that have denominations larger than $1,0002,000 in principal amount. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company and the Registrar promptly in writing of the Notes selected for redemption and, in the case or portions of any Note selected for partial redemption, the principal amount of each certificate selected Notes to be called for redemption.
Appears in 1 contract
Samples: Indenture (Sothebys)
Selection of Notes to Be Redeemed. If less fewer than all of the Notes are to be redeemedredeemed pursuant to Paragraph 5 of the Notes, the Trustee shall select the Notes to be so redeemed (1) in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the such Notes are listed or, or (2) if the such Notes are not then listed on a national securities exchange, by lot, on a pro rata basis, by lot or in by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate manner chosen at appropriate, provided, that no partial redemption will reduce the discretion principal amount of the Trusteea Note not redeemed to less than $1,000. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption and shall promptly notify the 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. Notes in denominations of $1,000 or less in principal amount may only be redeemed only in whole. The Trustee may select for redemption portions (equal to $1,000 in principal amount or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount of each certificate selected for redemption.
Appears in 1 contract
Samples: Indenture (Hines Horticulture Inc)
Selection of Notes to Be Redeemed. If less fewer than all of the Notes are to be redeemed, the Trustee shall select the Notes to be so redeemed in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not listed on a national securities exchangepro rata basis, by lot, pro rata lot or in such other fair and appropriate manner chosen at the discretion of the TrusteeTrustee and, if the Notes are listed on any securities exchange, by a method that complies with the requirements of such exchange; provided, however, that if partial redemption is made with the proceeds of a Equity Offering prior to April 15, 2001, selection of the Notes or portions thereof for redemption shall be made by the Trustee only on a pro rata basis unless such method is otherwise prohibited. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption and shall promptly notify the 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. Notes in denominations of $1,000 or less may only be redeemed only in whole. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount of each certificate selected for redemption.
Appears in 1 contract
Samples: Indenture (Landmark Theatre Corp)
Selection of Notes to Be Redeemed. If less than all of the --------------------------------- Notes are to be redeemedredeemed at any time, the Trustee shall select the Notes to be so redeemed in compliance with applicable legal requirements and the requirements requirements, as certified to it by the Company, of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not listed on a national securities exchangeexchange or automated quotation system, by lot, pro rata lot or in by such other method as the Trustee in its sole discretion shall deem fair and appropriate manner chosen appropriate; provided that no Note of $1,000 in principal amount at the discretion of the Trusteematurity or less shall be redeemed in part. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less in principal amount at maturity may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 in principal amount at maturity or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,0001,000 in principal amount at maturity. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company and the Registrar promptly in writing of the Notes selected for redemption and, in the case or portions of any Note selected for partial redemption, the principal amount of each certificate selected Notes to be called for redemption.
Appears in 1 contract
Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemedredeemed pursuant to paragraph 5(a) or 5(c) of the Notes, the Trustee shall select the Notes to be so redeemed in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not then listed on a national securities exchange, by lot, on a pro rata basis, by lot or in such other manner as the Trustee in its sole discretion shall deem fair and appropriate manner chosen at the discretion appropriate. Selection of the TrusteeNotes to be redeemed pursuant to paragraph 5(b) of the Notes 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) based on the aggregate principal amount of Notes held by each Holder. The Trustee shall make the selection from the Notes outstanding then outstanding, subject to redemption and not previously called for redemption. Notes in denominations of $1,000 or less may only be redeemed in whole. The Trustee may select for redemption pursuant to paragraph 5 of the Notes portions (equal to $1,000 or any integral multiple thereof) of the principal amount of Notes that have denominations equal to or larger than $1,0001,000 principal amount. Notes and portions of them that the Trustee so selects shall be in amounts of $1,000 principal amount or integral multiples thereof. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount of each certificate selected for redemption.
Appears in 1 contract
Samples: Indenture (Nbty Inc)
Selection of Notes to Be Redeemed. If less than all of --------------------------------- the Notes are to be redeemedredeemed at any time, the Trustee shall select the Notes to be so redeemed in compliance by such method as the Trustee shall deem fair and appropriate and that complies with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the Notes are listed orlisted, or if the Notes are not listed so listed, on a national securities exchange, by lot, pro rata or in such other fair and appropriate manner chosen at the discretion of the Trustee. The Trustee shall make the selection from the basis; provided that no Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less may only shall be --- ---- -------- redeemed in part. In selecting Notes to be redeemed in whole. The pursuant to this Section 3.02, the Trustee may select for redemption portions (equal shall make such adjustments, reallocations and eliminations as it shall deem proper so that the principal amount of each Note to be redeemed shall be $1,000 or any an integral multiple thereof) of the principal of Notes that have denominations larger , by increasing, decreasing or eliminating any amount less than $1,0001,000 which would be allocable to any Holder. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company in writing promptly of the Notes selected for redemption and, in the case or portions of any Note selected for partial redemption, the principal amount of each certificate selected for redemptionNotes to be redeemed.
Appears in 1 contract
Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemedredeemed at any time, the Trustee shall select Notes to be so redeemed for redemption as follows:
(1) in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the Notes are listed or, listed;
(2) if the Notes are not listed so listed, on a national securities exchangepro rata basis, by lot, pro rata lot or in by such other method as the Trustee deems fair and appropriate manner chosen at appropriate; or
(3) otherwise in accordance with the discretion procedures of the TrusteeDepositary; provided, however, that no such partial redemption shall reduce the portion of the principal amount of a Note not redeemed to less than $2,000. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 in principal amount or any integral multiple of $1,000 in excess thereof) ; provided, however, that no such redemption shall reduce the portion of the principal amount of Notes that have denominations larger a Note not redeemed to less than $1,0002,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company Issuers and the Registrar promptly in writing of the Notes selected for redemption and, in the case or portions of any Note selected for partial redemption, the principal amount of each certificate selected Notes to be called for redemption.
Appears in 1 contract
Samples: Indenture (Sealed Air Corp/De)
Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemedredeemed at any time, the Trustee shall select the Notes to be so redeemed in compliance with applicable legal requirements and the requirements of the principal national securities exchange, (a) if any, on which the Notes are listed on an exchange, in compliance with the requirements of such exchange or (b) on a pro rata basis to the extent practicable, or, if the Notes are pro rata basis is not listed on a national securities exchangepracticable for any reason, by lot or by such other method the Trustee shall deem fair and appropriate. In the event of partial redemption by lot, pro rata or in such other fair and appropriate manner chosen at the discretion of particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the Trustee. The Redemption Date by the Trustee shall make the selection from the outstanding Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company 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 each certificate selected $2,000 or 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: Senior Subordinated Notes Indenture (ASC Acquisition LLC)
Selection of Notes to Be Redeemed. If less than all In the case of any partial redemption of a Series of the Notes, selection of the Cash Pay Notes are to or PIK Election Notes, as applicable, for redemption will be redeemed, made by the Trustee shall select Notes to be so redeemed in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the such Notes are listed orlisted, or if the such Notes are not listed so listed, on a national securities exchangepro rata basis, by lot, pro rata lot or in by such other method as the Trustee shall deem fair and appropriate (and in such manner chosen at the discretion as complies with applicable legal requirements); provided that no Notes of the Trustee$2,000 or less shall be redeemed in part. The Trustee shall make the selection from the outstanding Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,0002,000. Notes and portions of them the Trustee selects shall be in amounts of $2,000 or a whole multiple of $1,000 in excess thereof. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company in writing Issuer promptly of the Notes selected for redemption and, in the case or portions of any Note selected for partial redemption, the principal amount of each certificate selected for redemptionNotes to be redeemed.
Appears in 1 contract
Samples: Indenture (Intelsat LTD)
Selection of Notes to Be Redeemed. (a) If less than all of the Notes are to be redeemed, the Trustee shall select the Notes to be so redeemed among the Noteholders on a pro rata basis, by lot or in compliance accordance with any other method the Trustee considers fair and appropriate (and in such manner as complies with applicable legal requirements and the requirements of the principal national securities exchangestock exchange requirements, if any); provided, on which however, that if a partial redemption is made with the Notes are listed or, if the Notes are not listed on a national securities exchange, by lot, pro rata or in such other fair and appropriate manner chosen at the discretion proceeds of the Trustee. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 or less may only be redeemed in whole. The Trustee may select for redemption portions an Equity
(equal to $1,000 or any integral multiple thereofb) of the principal of Notes that have denominations larger than $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the 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. Notes may be redeemed in part in multiples of each certificate selected $1,000 principal amount only. 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 registry books.
Appears in 1 contract
Selection of Notes to Be Redeemed. If less fewer than all of the Notes are to be redeemed, the Trustee shall select the Notes to be so redeemed in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not listed on a national securities exchangepro rata basis, by lot, pro rata lot or in such other fair and appropriate reasonable manner chosen at the discretion of the Trustee; provided, however, that if a partial redemption is made with the proceeds of a Public Equity Offering, selection of the Notes or portion thereof for redemption shall be made by the Trustee only on a pro rata basis to the extent practicable, unless such method is otherwise prohibited. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption and shall promptly notify the 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. Notes in denominations of $1,000 or less may only be redeemed only in whole. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount of each certificate selected for redemption.
Appears in 1 contract
Samples: Indenture (Stuart Entertainment Inc)