Selection of Notes to Be Redeemed. In the event that less than all of the Notes are to be redeemed at any time, selection of the Notes to be redeemed shall be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed or, if such Notes are not then listed on a national security exchange, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate; provided, however, that no Notes of a principal amount of $1,000 or less shall be redeemed in part; provided, further, that if a partial redemption is made with the proceeds of any Qualified Equity Offering, selection of the Notes or portions thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless such method is otherwise prohibited. A new Note in a principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption as long as the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction of the applicable Redemption Price pursuant to this Indenture.
Appears in 4 contracts
Samples: Indenture (American Greetings Corp), Indenture (American Greetings Corp), Indenture (American Greetings Corp)
Selection of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed at any time, selection of the Trustee shall select the Notes to be redeemed shall be made by among the Trustee Holders in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed or, if such the Notes are not then listed on a national security exchangeso listed, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriateappropriate (and in a manner that complies with applicable requirements of the Depositary); provided, however, provided that no Notes of a principal amount of $1,000 2,000 or less shall be redeemed in part; provided. If any Note is to be redeemed in part only, further, the notice of redemption that if a partial redemption is made with relates to such Note shall state the proceeds of any Qualified Equity Offering, selection portion of the Notes or portions principal amount thereof for redemption shall to be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless such method is otherwise prohibitedredeemed. A new Note in a principal amount equal to the unredeemed portion thereof of the original Note, if any, will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the Redemption Dateredemption date, interest will cease ceases to accrue on Notes or portions thereof of them called for redemption. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption as long as and shall promptly notify the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction writing of the applicable Redemption Price pursuant Notes selected for redemption. The Trustee may select for redemption portions (equal to this Indenture$1,000 or any integral multiple thereof) of the principal of the Notes that have denominations larger than $2,000.
Appears in 4 contracts
Samples: Indenture (Triumph Group Inc), Indenture (Triumph Group Inc), Indenture (Triumph Group Inc)
Selection of Notes to Be Redeemed. In the event that less than all case of the Notes are to be redeemed at any timepartial redemption, selection of the Notes to be redeemed for redemption shall be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed orlisted, or if such the Notes are not then listed on a national security exchangeso listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriateappropriate (and in such manner as complies with applicable legal requirements); provided, however, provided that no Notes of a principal amount of $1,000 or less shall be redeemed in part; provided. If any Note is to be redeemed in part only, further, that if a partial the notice of redemption is made with relating to such Note shall state the proceeds of any Qualified Equity Offering, selection portion of the Notes or portions principal amount thereof for redemption shall to be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless such method is otherwise prohibitedredeemed. A new Note in a principal amount equal to the unredeemed portion thereof will shall be issued in the name of the Holder holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the Redemption Dateredemption date, interest will shall cease to accrue on Notes or portions thereof called for redemption as so long as the Issuer has deposited with the Paying Agent paying agent funds in U.S. legal tender in satisfaction of sufficient to pay the applicable Redemption Price pursuant principal of, plus accrued and unpaid interest and Additional Interest (if any) on, the Notes to this Indenturebe redeemed.
Appears in 3 contracts
Samples: Indenture (Watchguard Registration Services, Inc.), Indenture (Affinion Loyalty Group, Inc.), Indenture (Affinion Loyalty Group, Inc.)
Selection of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed at any time, selection of the Trustee shall select the Notes to be redeemed shall be made by among the Trustee Holders in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed or, if such the Notes are not then listed on a national security exchangeso listed, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriateappropriate (and in a manner that complies with applicable legal requirements and, as applicable the procedures of the DTC); provided, however, provided that no Notes of a principal amount of $1,000 2,000 or less shall be redeemed in part; provided. If any Note is to be redeemed in part only, further, the notice of redemption that if a partial redemption is made with relates to such Note shall state the proceeds of any Qualified Equity Offering, selection portion of the Notes or portions principal amount thereof for redemption shall to be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless such method is otherwise prohibitedredeemed. A new Note in a principal amount equal to the unredeemed portion thereof of the original Note will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the Redemption Dateredemption date, interest will shall cease to accrue on Notes or portions thereof of them called for redemption. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption as long as and shall promptly notify the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction writing of the applicable Redemption Price pursuant Notes selected for redemption. The Trustee may select for redemption portions (equal to this Indenture$1,000 or any integral multiple thereof) of the principal of the Notes that have denominations larger than $2,000.
Appears in 3 contracts
Samples: Indenture (Carrols Restaurant Group, Inc.), Indenture (Carrols Restaurant Group, Inc.), Indenture (Salem Communications Corp /De/)
Selection of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed or purchased in an offer to purchase at any time, selection of the Trustee shall select the Notes to be redeemed shall be made by or purchased as follows:
(a) if the Company notifies the Trustee in writing that the Notes are listed on an exchange, in compliance with the requirements of the principal national securities such exchange, if any, on which such Notes are listed ; or, if such Notes are not then listed on a national security exchange,
(b) on a pro rata basisbasis to the extent practicable, or, if a pro rata basis is not practicable or permitted for any reason, by lot or by such other method as the Trustee shall deem fair and appropriate; provided, however, that no may be prescribed by DTC’s applicable procedures. No Notes of a $2,000 of principal amount of $1,000 or less shall will be redeemed in part; provided. Except as provided in the two preceding sentences, furtherprovisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall make the selection from Outstanding Notes not previously called for redemption. If any Note is to be redeemed in part only, the notice of redemption that if a partial redemption is made with relates to such Note shall state the proceeds of any Qualified Equity Offering, selection portion of the Notes or portions thereof for redemption shall principal amount of that Note to be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless such method is otherwise prohibitedredeemed. A new Note in a principal amount equal to the unredeemed portion thereof of the original Note presented for redemption will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the Redemption Dateredemption date, interest will cease ceases to accrue or accrete on Notes or portions thereof of them called for redemption as long as the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction of the applicable Redemption Price pursuant to this Indentureredemption.
Appears in 3 contracts
Samples: Indenture (Valvoline Inc), Indenture (Valvoline Inc), Indenture (Ashland Inc.)
Selection of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed at any timeredeemed, selection of the Trustee shall select the Notes or portions thereof to be redeemed shall be made by the Trustee in compliance with the requirements of the principal national securities exchangelot, if any, on which such Notes are listed or, if such Notes are not then listed on a national security exchange, on a pro rata basis, by lot or by such any other method as the Trustee shall deem fair and appropriate; provided, however, that no appropriate (subject to The Depository Trust Company’s procedures as applicable). No Notes of a principal amount of $1,000 2,000 or less shall be redeemed in part; provided, further, that if a partial redemption is made with the proceeds . Notices of any Qualified Equity Offering, selection of the Notes or portions thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable delivered (subject to the procedures extent permitted by Applicable Procedures or regulations, delivered electronically) at least 30 days before the redemption date to each Holder of Notes to be redeemed at its registered address. If any Note is to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion of the Depository), unless such method is otherwise prohibitedprincipal amount thereof to be redeemed. A new Note in a principal amount equal to the unredeemed portion thereof of the original Note will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the Redemption Dateredemption date, interest will shall cease to accrue on Notes or portions thereof of them called for redemption. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption as long as and shall promptly notify the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction writing of the applicable Redemption Price pursuant Notes selected for redemption. The Trustee may select for redemption portions (equal to this Indenture$1,000 or any integral multiple thereof) of the principal of the Notes that have denominations larger than $2,000.
Appears in 2 contracts
Samples: Indenture (Jack Cooper Holdings Corp.), Indenture (Jack Cooper Logistics, LLC)
Selection of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed at any time, selection of the Trustee shall select the Notes or portions thereof to be redeemed shall be made by the Trustee in compliance with the requirements of the principal national securities exchangelot, if any, on which such Notes are listed or, if such Notes are not then listed on a national security exchange, on a pro rata basis, by lot or by such any other method as the Trustee shall deem fair and appropriateappropriate (and in a manner that complies with applicable requirements of the Depositary); provided, however, provided that no Notes of a principal amount of $1,000 2,000 or less shall be redeemed in part; provided, further, that if a partial redemption is made with the proceeds . Notices of any Qualified Equity Offering, selection of the Notes or portions thereof for redemption shall be made sent electronically or mailed by first class mail at least 30 days before the Trustee only on a pro rata basis or on as nearly a pro rata basis as redemption date to each Holder of Notes to be redeemed at its registered address. If any Note is practicable (subject to be redeemed in part only, the procedures notice of redemption that relates to such Note shall state the portion of the Depository), unless such method is otherwise prohibitedprincipal amount thereof to be redeemed. A new Note in a principal amount equal to the unredeemed portion thereof of the original Note will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the Redemption Dateredemption date, interest will cease ceases to accrue on Notes or portions thereof of them called for redemption. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption as long as and shall promptly notify the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction writing of the applicable Redemption Price pursuant Notes selected for redemption. The Trustee may select for redemption portions (equal to this Indenture$1,000 or any integral multiple thereof) of the principal of the Notes that have denominations larger than $2,000.
Appears in 2 contracts
Samples: Indenture (Ryerson Holding Corp), Indenture (Ryerson Holding Corp)
Selection of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed at any time, selection of the Notes to be redeemed shall such Notes, or portions thereof, for redemption will be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed or, if such the Notes are not then listed or admitted to trading on a national security securities exchange, 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, however, that no . No Notes of a principal amount of $1,000 2,000 or less shall be redeemed in part; provided, further, that if a partial redemption is made with the proceeds . Notice of any Qualified Equity Offering, selection of the Notes or portions thereof for redemption shall be made by sent at least 30 but not more than 60 days before the Trustee only on a pro rata basis or on as nearly a pro rata basis as Redemption Date to each Holder of Notes to be redeemed at its registered address. If any Note is practicable (subject to be redeemed in part only, the procedures notice of redemption that relates to such Note shall state the portion of the Depository), unless such method is otherwise prohibitedprincipal 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 delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the applicable Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption as long as unless the Issuer has deposited with the Paying Agent funds shall default in U.S. legal tender in satisfaction of the applicable Redemption Price pursuant to this Indenturepayment thereof.
Appears in 2 contracts
Samples: Third Supplemental Indenture (Rosetta Resources Inc.), Second Supplemental Indenture (Rosetta Resources Inc.)
Selection of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed at any time, selection of the Trustee shall select the Notes to be redeemed shall be made by among the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed or, if such Notes are not then listed on a national security exchange, Holders on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriateappropriate (and in a manner that complies with applicable requirements of the Depositary); provided, however, provided that no Notes of a principal amount of $1,000 2,000 or less shall be redeemed in part; provided. If any Note is to be redeemed in part only, further, the notice of redemption that if a partial redemption is made with relates to such Note shall state the proceeds of any Qualified Equity Offering, selection portion of the Notes or portions principal amount thereof for redemption shall to be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless such method is otherwise prohibitedredeemed. A new Note in a principal amount equal to the unredeemed portion thereof of the original Note, if any, will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the Redemption Dateredemption date, interest will cease ceases to accrue on Notes or portions thereof of them called for redemption. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption as long as and shall promptly notify the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction writing of the applicable Redemption Price pursuant Notes selected for redemption. The Trustee may select for redemption portions (equal to this Indenture$1,000 or any integral multiple thereof) of the principal of the Notes that have denominations larger than $2,000.
Appears in 2 contracts
Samples: Indenture (Triumph Group Inc), Indenture (Triumph Group Inc)
Selection of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed at any time, selection of the Trustee shall select the Notes to be redeemed shall be made by among the Trustee Holders in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed or, if such the Notes are not then listed on a national security exchangeso listed, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriateappropriate (and in a manner that complies with applicable legal requirements and, as applicable the procedures of the DTC); provided, however, provided that no Notes of a principal amount of $1,000 2,000 or less shall be redeemed in part; provided. If any Note is to be redeemed in part only, further, the notice of redemption that if a partial redemption is made with relates to such Note shall state the proceeds of any Qualified Equity Offering, selection portion of the Notes or portions principal amount thereof for redemption shall to be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless such method is otherwise prohibitedredeemed. A new Note in a principal amount equal to the unredeemed portion thereof of the original Note will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the Redemption Dateredemption date, unless the Issuer defaults in the payment of the redemption price, interest will shall cease to accrue on Notes or portions thereof of them called for redemption. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption as long as and shall promptly notify the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction writing of the applicable Redemption Price pursuant Notes selected for redemption. The Trustee may select for redemption portions (equal to this Indenture$1,000 or any integral multiple thereof) of the principal of the Notes that have denominations larger than $2,000.
Appears in 2 contracts
Samples: Indenture (Salem Media Group, Inc. /De/), Indenture (Salem Media Group, Inc. /De/)
Selection of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed at any time, selection of the Trustee shall select the Notes to be redeemed shall be made by among the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed or, if such Notes are not then listed on a national security exchangeHolders, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriateappropriate (and in a manner that complies with applicable requirements of the Depositary); provided, however, provided that no Notes of a principal amount of $1,000 2,000 or less shall be redeemed in part; provided, further, that if a partial redemption is made with the proceeds . Notices of any Qualified Equity Offering, selection of the Notes or portions thereof for redemption shall be made sent electronically or mailed by first class mail at least 30 but not more than 60 days before the Trustee only on a pro rata basis or on as nearly a pro rata basis as redemption date to each Holder of Notes to be redeemed at its registered address. If any Note is practicable (subject to be redeemed in part only, the procedures notice of redemption that relates to such Note shall state the portion of the Depository), unless such method is otherwise prohibitedprincipal amount thereof to be redeemed. A new Note in a principal amount equal to the unredeemed portion thereof of the original Note will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the Redemption Dateredemption date, interest will cease ceases to accrue on Notes or portions thereof of them called for redemption. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption as long as and shall promptly notify the Issuer has deposited with the Paying Agent funds Issuers in U.S. legal tender in satisfaction writing of the applicable Redemption Price pursuant Notes selected for redemption. The Trustee may select for redemption portions (equal to this Indenture$1,000 or any integral multiple thereof) of the principal of the Notes that have denominations larger than $2,000.
Appears in 2 contracts
Samples: Indenture (Ryerson Holding Corp), Indenture (Ryerson International Material Management Services, Inc.)
Selection of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed at any time, selection of the Notes to be redeemed shall for redemption will be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed listed, or, if such the Notes are not then listed on a national security exchangeso listed, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate; provided, however, provided that no Notes of a principal amount of $1,000 or less shall be redeemed in part; provided, further, that if a partial redemption is made with the proceeds . Notices of any Qualified Equity Offering, selection of the Notes or portions thereof for redemption shall be made mailed by first class mail at least 30 but not more than 60 days before the Trustee only on a pro rata basis or on as nearly a pro rata basis as redemption date to each Holder of Notes to be redeemed at its registered address. Notices of redemption may not be conditional. If any Note is practicable (subject to be redeemed in part only, the procedures notice of redemption that relates to such Note shall state the portion of the Depository), unless such method is otherwise prohibitedprincipal 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 delivery of the original Note to the Paying Agent and cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the Redemption Dateredemption date, interest will cease ceases to accrue on Notes or portions thereof of them called for redemption as long as the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction of the applicable Redemption Price pursuant to this Indentureredemption.
Appears in 2 contracts
Samples: Indenture (Allied Holdings Inc), Indenture (Interamericas Communications Corp)
Selection of Notes to Be Redeemed. In the event that less than all of the Notes are to be redeemed at any time, selection of the such Notes to be redeemed shall for redemption will be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed or, if such Notes are not then listed on a national security securities exchange, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate; provided, however, that no Notes of a principal amount of $1,000 or less shall be redeemed in part; provided, further, however, that if a partial redemption is made with the proceeds of any Qualified a Public Equity Offering, selection of the Notes or portions thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the DepositoryDTC procedures), unless such method is otherwise prohibited. Notice of redemption shall be mailed by first-class mail at least 30 but not more than 60 days before the Redemption Date to each Holder of Notes to be redeemed at its registered address. If any 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 delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption as long as the Issuer Company has deposited with the Paying Agent funds in U.S. legal tender in satisfaction of the applicable Redemption Price pursuant to this IndenturePrice.
Appears in 2 contracts
Samples: Indenture (Safety Components Fabric Technologies Inc), Indenture (Atc Group Services Inc /De/)
Selection of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed at any timeredeemed, selection of the Trustee shall select the Notes to be redeemed shall be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed or, if such Notes are not then listed on a national security exchange, on a pro rata basis, or by lot or by any other method the Trustee considers fair and appropriate or as required by the Applicable Procedures (so long as such method is not prohibited by the rules of the New York Stock Exchange or any other stock exchange on which the Notes are then listed, as applicable). The Trustee shall make the selection within 7 days from its receipt of the notice from the Company delivered pursuant to Section 11.03 from outstanding Notes not previously called for redemption. Notes and portions of them the Trustee selects shall deem fair and appropriate; provided, however, that no Notes of a be in minimum principal amount amounts of $1,000 or less shall be redeemed integral multiples of $1,000. Provisions of this Indenture that apply to Notes called for redemption in whole also apply to Notes called for redemption in part; provided, further, that if a partial redemption is made with . The Trustee shall notify the proceeds of any Qualified Equity Offering, selection Company promptly of the Notes or portions thereof of Notes to be redeemed. If any Note selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Note so selected, the converted portion of such Note shall be made 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 only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to outstanding for the procedures purpose of the Depository), unless such method is otherwise prohibited. A new Note in a principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption as long as the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction of the applicable Redemption Price pursuant to this Indentureselection.
Appears in 2 contracts
Samples: Indenture (Callaway Golf Co), Indenture (Callaway Golf Co)
Selection of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed at any time, selection of the Trustee shall select the Notes to be redeemed shall be made by among the Trustee Holders in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed or, if such the Notes are not then listed on a national security exchangeso listed, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriateappropriate (and in a manner that complies with applicable requirements of the Depositary); provided, however, provided that no Notes of a principal amount of $1,000 2,000 or less shall be redeemed in part; provided, further, that if a partial redemption is made with the proceeds . Notices of any Qualified Equity Offering, selection of the Notes or portions thereof for redemption shall be made sent electronically or mailed by first class mail at least 30 but not more than 60 days before the Trustee only on a pro rata basis or on as nearly a pro rata basis as redemption date to each Holder of Notes to be redeemed at its registered address. If any Note is practicable (subject to be redeemed in part only, the procedures notice of redemption that relates to such Note shall state the portion of the Depository), unless such method is otherwise prohibitedprincipal amount thereof to be redeemed. A new Note in a principal amount equal to the unredeemed portion thereof of the original Note will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the Redemption Dateredemption date, interest will cease ceases to accrue on Notes or portions thereof of them called for redemption. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption as long as and shall promptly notify the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction writing of the applicable Redemption Price pursuant Notes selected for redemption. The Trustee may select for redemption portions (equal to this Indenture$1,000 or any integral multiple thereof) of the principal of the Notes that have denominations larger than $2,000.
Appears in 2 contracts
Samples: Indenture (Rock-Tenn CO), Indenture (Triumph Group Inc /)
Selection of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed at any time, selection of the Notes to be redeemed shall be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such will select Notes are listed or, if such Notes are not then listed on a national security exchange, for redemption on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate; provided, however, that no appropriate (subject to the rules and procedures of DTC). No Notes of a principal amount of $1,000 2,000 or less shall be redeemed in part; provided, further, that if a partial redemption is made with the proceeds . Notices of any Qualified Equity Offering, selection of the Notes or portions thereof for redemption shall be made mailed by first class mail at least 30 but not more than 60 days before the Trustee only on a pro rata basis or on as nearly a pro rata basis as redemption date to each Holder of Notes to be redeemed at its registered address. Notices of redemption may not be conditional. If any Note is practicable (subject to be redeemed in part only, the procedures notice of redemption that relates to that Note shall state the portion of the Depository), unless such method is otherwise prohibitedprincipal amount thereof to be redeemed. A new Note in a principal amount equal to the unredeemed portion thereof of the original Note will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the Redemption Dateredemption date, interest will cease ceases to accrue on Notes or portions thereof of them called for redemption as long as the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction of the applicable Redemption Price pursuant to this Indentureredemption.
Appears in 2 contracts
Selection of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed at any time, selection of the Notes to be redeemed shall for redemption will be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed listed, or, if such the Notes are not then listed on a national security exchangeso listed, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate; provided, however, provided that no Notes of a principal amount of $1,000 or less shall be redeemed in part; provided, further, that if a partial redemption is made with the proceeds . Notices of any Qualified Equity Offering, selection of the Notes or portions thereof for redemption shall be made mailed by first class mail at least 30 but not more than 60 days before the Trustee only on a pro rata basis or on as nearly a pro rata basis as redemption date to each Holder of Notes to be redeemed at its registered address. If any Note is practicable (subject to be redeemed in part only, the procedures notice of redemption that relates to such Note shall state the portion of the Depository), unless such method is otherwise prohibitedprincipal 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 delivery of the original Note to the Paying Agent and cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the Redemption Dateredemption date, interest will cease ceases to accrue on Notes or portions thereof of them called for redemption as long as the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction of the applicable Redemption Price pursuant to this Indentureredemption.
Appears in 2 contracts
Samples: Indenture (MST Enterprises Inc), Indenture (National Equipment Services Inc)
Selection of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed at any time, selection of the Notes to be redeemed shall such Notes, or portions thereof, for redemption will be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed or, if such the Notes are not then listed or admitted to trading on a national security securities exchange, 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, however, that no . No Notes of a principal amount of $1,000 2,000 or less shall be redeemed in part; provided, further, that if a partial redemption is made with the proceeds . Notice of any Qualified Equity Offering, selection of the Notes or portions thereof for redemption shall be made mailed by first-class mail at least 30 but not more than 60 days before the Trustee only on a pro rata basis or on as nearly a pro rata basis as Redemption Date to each Holder of Notes to be redeemed at its registered address. If any Note is practicable (subject to be redeemed in part only, the procedures notice of redemption that relates to such Note shall state the portion of the Depository), unless such method is otherwise prohibitedprincipal 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 delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the applicable Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption as long as unless the Issuer has deposited with the Paying Agent funds shall default in U.S. legal tender in satisfaction of the applicable Redemption Price pursuant to this Indenturepayment thereof.
Appears in 2 contracts
Samples: First Supplemental Indenture (Rosetta Resources Inc.), Indenture (Rosetta Resources Inc.)
Selection of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed at any time, selection of the Notes to be redeemed shall for redemption will be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed listed, or, if such the Notes are not then listed on a national security exchangeso listed, on a pro rata basis, by lot PRO RATA basis or by such method as the Trustee shall deem fair and appropriatelot; provided, however, PROVIDED that no Notes of a principal amount of $1,000 or less shall be redeemed in part; provided, further, that if a partial redemption is made with the proceeds . Notices of any Qualified Equity Offering, selection of the Notes or portions thereof for redemption shall be made mailed by first class mail at least 30 but not more than 60 days before the Trustee only on a pro rata basis or on as nearly a pro rata basis as redemption date to each Holder of Notes to be redeemed at its registered address. Notices of redemption may not be conditional. If any Note is practicable (subject to be redeemed in part only, the procedures notice of redemption that relates to such Note shall state the portion of the Depository), unless such method is otherwise prohibitedprincipal 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 delivery of the original Note to the Paying Agent and cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the Redemption Dateredemption date, interest will cease ceases to accrue on Notes or portions thereof of them called for redemption as long as the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction of the applicable Redemption Price pursuant to this Indentureredemption.
Appears in 2 contracts
Samples: Indenture (Musicland Stores Corp), Indenture (Musicland Group Inc /De)
Selection of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed at any timeredeemed, selection of the Trustee shall select the Notes to be redeemed shall be made by among the Trustee Holders in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed or, if such the Notes are not then listed on a national security exchangeso listed, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriateappropriate (and in a manner that complies with applicable requirements of the Depositary); provided, however, provided that no Notes of a principal amount of $1,000 2,000 or less shall be redeemed in part; provided, further, that if a partial redemption is made with the proceeds . Notices of any Qualified Equity Offering, selection of the Notes or portions thereof for redemption shall be made mailed by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable first class mail (subject and, to the extent permitted by applicable procedures or regulations, electronically) at least 30 days before the redemption date to each Holder of Notes to be redeemed at its registered address. If any Note is to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion of the Depository), unless such method is otherwise prohibitedprincipal amount thereof to be redeemed. A new Note in a principal amount equal to the unredeemed portion thereof of the original Note will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the Redemption Dateredemption date, interest will cease ceases to accrue on Notes or portions thereof of them called for redemption. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption as long as and shall promptly notify the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction writing of the applicable Redemption Price pursuant Notes selected for redemption. The Trustee may select for redemption portions (equal to this Indenture$1,000 or any integral multiple thereof) of the principal of the Notes that have denominations larger than $2,000.
Appears in 2 contracts
Samples: Indenture (Spirit AeroSystems Holdings, Inc.), Indenture (Spirit AeroSystems Holdings, Inc.)
Selection of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed at any time, selection of the Notes to be redeemed shall be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such will select Notes are listed or, if such Notes are not then listed on a national security exchange, for redemption on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate; provided, however, that no appropriate (or as otherwise required by the rules and procedures of DTC). No Notes of a principal amount of $1,000 2,000 or less shall be redeemed in part; provided, further, that if a partial redemption is made with the proceeds . Notices of any Qualified Equity Offering, selection of the Notes or portions thereof for redemption shall be made mailed by the Trustee only on a pro rata basis first class mail (or on as nearly a pro rata basis as is practicable (subject to transmitted otherwise in accordance with the procedures of DTC) at least 30 but not more than 60 days before the Depository)redemption date to each Holder of Notes to be redeemed at its registered address. Notices of redemption may not be conditional. If any Note is to be redeemed in part only, unless such method is otherwise prohibitedthe notice of redemption that relates to that 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 of the original Note will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the Redemption Dateredemption date, interest will cease ceases to accrue on Notes or portions thereof of them called for redemption as long as the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction of the applicable Redemption Price pursuant to this Indentureredemption.
Appears in 2 contracts
Selection of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed at any time, selection of the Trustee shall select the Notes to be redeemed shall be made by among the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed or, if such Notes are not then listed on a national security exchange, Holders on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriateappropriate (and in a manner that complies with applicable requirements of the Depositary); provided, however, provided that no Notes of a principal amount of $1,000 2,000 or less shall be redeemed in part; provided, further, that if a partial redemption is made with the proceeds . Notices of any Qualified Equity Offering, selection of the Notes or portions thereof for redemption shall be made sent electronically or mailed by first class mail at least 30 but not more than 60 days before the Trustee only on a pro rata basis or on as nearly a pro rata basis as redemption date to each Holder of Notes to be redeemed at its registered address. If any Note is practicable (subject to be redeemed in part only, the procedures notice of redemption that relates to such Note shall state the portion of the Depository), unless such method is otherwise prohibitedprincipal amount thereof to be redeemed. A new Note in a principal amount equal to the unredeemed portion thereof of the original Note will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the Redemption Dateredemption date, interest will cease ceases to accrue on Notes or portions thereof of them called for redemption. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption as long as and shall promptly notify the Issuer has deposited with the Paying Agent funds Issuers in U.S. legal tender in satisfaction writing of the applicable Redemption Price pursuant Notes selected for redemption. The Trustee may select for redemption portions (equal to this Indenture$1,000 or any integral multiple thereof) of the principal of the Notes that have denominations larger than $2,000.
Appears in 2 contracts
Samples: Indenture (Ryerson Holding Corp), Indenture (Ryerson International Material Management Services, Inc.)
Selection of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed at any time, selection of the Trustee will select Notes for redemption as follows:
(i) if the Notes to be redeemed shall be made by the Trustee are listed, in compliance with the requirements of the principal national securities exchange, if any, exchange on which such the Notes are listed or, listed; or (ii) if such the Notes are not then listed on a national security exchangeso listed, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate; provided, however, that no . No Notes of a principal amount of $1,000 or less shall be redeemed in part; provided, further, that if a partial redemption is made with the proceeds . Notices of any Qualified Equity Offering, selection of the Notes or portions thereof for redemption shall be made mailed by first class mail at least 30 but not more than 60 days before the Trustee only on a pro rata basis or on as nearly a pro rata basis as redemption date to each Holder of Notes to be redeemed at its registered address. Notices of redemption may not be conditional. If any Note is practicable (subject to be redeemed in part only, the procedures notice of redemption that relates to that Note shall state the portion of the Depository), unless such method is otherwise prohibitedprincipal amount thereof to be redeemed. A new Note in a principal amount equal to the unredeemed portion thereof of the original Note will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the Redemption Dateredemption date, interest will cease Interest ceases to accrue on Notes or portions thereof of them called for redemption as long as the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction of the applicable Redemption Price pursuant to this Indentureredemption.
Appears in 1 contract
Samples: Indenture (Riviera Black Hawk Inc)
Selection of Notes to Be Redeemed. In the event that less than all of the Notes are to be redeemed at any time, selection of the Notes to be redeemed shall such Notes, or portions thereof, for redemption will be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed or, if such Notes are not then listed on a national security securities exchange, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate; provided, however, that no Notes of a principal amount of $1,000 or less shall be redeemed in part; provided, further, that if a partial redemption is made with the proceeds of any Qualified an Equity Offering, selection of the Notes or portions thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the DepositoryDTC procedures), unless such method is otherwise prohibited. Notice of redemption shall be mailed by first-class mail at least 30 but not more than 60 days before the Redemption Date to each Holder of Notes to be redeemed at its registered address. If any 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 delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption as long as the Issuer Company has deposited with the Paying Agent funds in U.S. legal tender in satisfaction of the applicable Redemption Price pursuant to this Indenture.
Appears in 1 contract
Selection of Notes to Be Redeemed. In the event that less than all case of the Notes are to be redeemed at any timepartial redemption, selection of the Notes to be redeemed shall for redemption will be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed orlisted, or if such Notes are not then listed on a national security exchangeso listed, on a pro rata basis, basis to the extent practicable or by lot or by such other method as the Trustee shall deem fair and appropriateappropriate (and in such manner as complies with applicable legal requirements); provided, however, provided that no Notes of a principal amount $2,000 (and integral multiples of $1,000 in excess thereof) or less shall be redeemed in part; provided. If any Note is to be redeemed in part only, further, that if a partial the notice of redemption is made with relating to such Note shall state the proceeds of any Qualified Equity Offering, selection portion of the Notes or portions principal amount thereof for redemption shall to be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless such method is otherwise prohibitedredeemed. A new Note in a principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the Redemption Dateredemption date, interest will cease to accrue on Notes or portions thereof called for redemption as so long as the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction of sufficient to pay the applicable Redemption Price pursuant principal of, premium, if any, plus accrued and unpaid interest and additional interest (if any) on, the Notes to this Indenturebe redeemed.
Appears in 1 contract
Selection of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed at any time, selection of the Trustee shall select the Notes or portions thereof to be redeemed shall be made by among the Trustee Holders in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed or, if such the Notes are not then listed on a national security exchangeso listed, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriateappropriate (subject to any applicable legal requirements and, as applicable the procedures of the DTC); provided, however, provided that no Notes of a principal amount of $1,000 2,000 or less shall be redeemed in part; provided. If any Note is to be redeemed in part only, further, the notice of redemption that if a partial redemption is made with relates to such Note shall state the proceeds of any Qualified Equity Offering, selection portion of the Notes or portions principal amount thereof for redemption shall to be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless such method is otherwise prohibitedredeemed. A new Note in a principal amount equal to the unredeemed portion thereof of the original Note will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the Redemption Dateredemption date, interest will shall cease to accrue on Notes or portions thereof of them called for redemption. The Trustee shall make the selection not less than 35 days nor more than 60 days before a redemption date from the Notes outstanding and not previously called for redemption as long as and shall promptly notify the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction writing of the applicable Redemption Price pursuant Notes selected for redemption. The Trustee may select for redemption portions (equal to this Indenture$1,000 or any integral multiple thereof) of the principal of the Notes that have denominations larger than $2,000.
Appears in 1 contract
Selection of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed at any time, selection of the Notes to be redeemed shall for redemption will be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed listed, or, if such the Notes are not then listed on a national security exchangeso listed, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate; provided, however, provided that no Notes of a principal amount of $1,000 or less shall be redeemed in part; provided, further, that if a partial . Notices of redemption is made with shall be mailed by first class mail at least 30 but not more than 60 days before the proceeds of any Qualified Equity Offering, selection redemption date to each Holder of the Notes or portions thereof for to be redeemed at its registered address. Notices of redemption may not be conditional. If any Note is to be redeemed in part only, the notice of redemption that relates to such Note shall be made by state the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures portion of the Depository), unless such method is otherwise prohibitedprincipal 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 delivery of the original Note to the Paying Agent and cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the Redemption Dateredemption date, interest will cease ceases to accrue on the Notes or portions thereof of them called for redemption. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption as long as the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction also apply to portions of the applicable Redemption Price pursuant to this IndentureNotes called for redemption.
Appears in 1 contract
Samples: Indenture (Riviera Holdings Corp)
Selection of Notes to Be Redeemed. In the event that Unless otherwise indicated for a particular Series by a Board Resolution, a supplemental indenture or an Officers’ Certificate, if less than all of the Notes of a Series are to be redeemed or purchased in an offer to purchase at any time, selection of the Trustee shall select the Notes to be redeemed shall be made by or purchased as follows:
(1) if the Issuers notify the Trustee in writing that the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed; or
(2) if the Issuers do not notify the Trustee in writing that the Notes are listed or, if such Notes are not then listed on a any national security securities exchange, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate; provided, however, that no appropriate or as required by the Depositary. No Notes of a $150,000 of principal amount of $1,000 or less shall (or, in the case of any Series established in denominations less than $150,000, the principal amount or less of such denomination) will be redeemed in part; provided. Except as provided in the preceding sentence, furtherprovisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall make the selection from Outstanding Notes of a Series not previously called for redemption. If any Note is to be redeemed in part only, the notice of redemption that if a partial redemption is made with the proceeds of any Qualified Equity Offering, selection relates to such Note of the Notes or portions thereof for redemption same Series and Stated Maturity Date shall be made by state the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures portion of the Depository), unless such method is otherwise prohibitedprincipal amount of that Note to be redeemed. A new Note in a principal amount equal to the unredeemed portion thereof of the original Note presented for redemption will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the Redemption Dateredemption date, interest will cease ceases to accrue or accrete on Notes or portions thereof of them called for redemption as long as the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction of the applicable Redemption Price pursuant to this Indentureredemption.
Appears in 1 contract
Samples: Indenture (AerCap Holdings N.V.)
Selection of Notes to Be Redeemed. In the event that less than all of the Notes are to be redeemed at any time, selection of the Notes to be redeemed shall be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed or, if such Notes are not then listed on a national security exchange, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate; provided, however, that no Notes of a principal amount of $1,000 or less shall be redeemed in part; provided, further, that if a partial redemption is made with the proceeds of any Qualified Equity Offering, selection of the Notes or portions thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (for the avoidance of doubt any redemption for all and less than all Notes shall be subject to the procedures of the Depository), unless such method is otherwise prohibited. A new Note in a principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption as long as the Issuer has Issuers have deposited with the Paying Agent Agents funds in U.S. legal tender in satisfaction of the applicable Redemption Price pursuant to this Indenture.
Appears in 1 contract
Samples: Indenture (Stonemor Partners Lp)
Selection of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed at any time, selection of the Trustee will select Notes for redemption as follows:
(a) if the Notes to be redeemed shall be made by the Trustee are listed for trading on a national securities exchange, in compliance with the requirements of the principal national securities exchange, if any, exchange on which such the Notes are listed so listed; or,
(b) if such the Notes are not then so listed on a national security exchangeor there are no such requirements, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate; provided, however, that no . No Notes of a principal amount of $1,000 2,000 or less shall be redeemed in part; provided, further, that if a partial redemption is made with the proceeds . Notices of any Qualified Equity Offering, selection of the Notes or portions thereof for redemption shall be made mailed by first class mail at least 30 but not more than 60 days before the Trustee only on a pro rata basis or on as nearly a pro rata basis as redemption date to each Holder of Notes to be redeemed at its registered address. Notices of redemption may not be conditional. If any Note is practicable (subject to be redeemed in part only, the procedures notice of redemption that relates to that Note shall state the portion of the Depository), unless such method is otherwise prohibitedprincipal amount thereof to be redeemed. A new Note in a principal amount equal to the unredeemed portion thereof of the original Note will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the Redemption Dateredemption date, interest will cease ceases to accrue on Notes or portions thereof of them called for redemption as long as unless the Issuer has deposited with the Paying Agent funds Issuers default in U.S. legal tender in satisfaction of the applicable Redemption Price pursuant to this Indenturemaking such redemption payment.
Appears in 1 contract
Samples: First Supplemental Indenture (Penn Virginia Resource Partners L P)
Selection of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed at any time, selection of the Trustee shall select the Notes or portions thereof to be redeemed shall be made by among the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed or, if such Notes are not then listed on a national security exchange, Holders on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriateappropriate (and in a manner that complies with applicable requirements of the Depositary); provided, however, provided that no Notes of a principal amount of $1,000 2,000 or less shall be redeemed in part; provided. If any Note is to be redeemed in part only, further, the notice of redemption that if a partial redemption is made with relates to such Note shall state the proceeds of any Qualified Equity Offering, selection portion of the Notes or portions principal amount thereof for redemption shall to be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless such method is otherwise prohibitedredeemed. A new Note in a principal amount equal to the unredeemed portion thereof of the original Note, if any, will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the Redemption Dateredemption date, interest will cease ceases to accrue on Notes or portions thereof of them called for redemption. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption as long as and shall promptly notify the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction writing of the applicable Redemption Price pursuant Notes selected for redemption. The Trustee may select for redemption portions (equal to this Indenture$1,000 or any integral multiple thereof) of the principal amount of the Notes that have denominations larger than $2,000.
Appears in 1 contract
Samples: Indenture (Moog Inc.)
Selection of Notes to Be Redeemed. In the event that less than all of the Notes are to be redeemed at any time, selection of the such Notes to be redeemed shall for redemption will be made by the Trustee in compliance with the requirements of the principal national securities exchangeexchange or market, if any, on which such Notes are listed or, if such Notes are not then listed on a national security exchangesecurities exchange or market, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate; provided, however, that no Notes of a principal amount of U.S. $1,000 or less shall be redeemed in part; provided, further, that if a partial redemption is made with the proceeds . Notice of any Qualified Equity Offering, selection of the Notes or portions thereof for redemption shall be made mailed by first-class mail at least 30 but not more than 60 days before the Trustee only on a pro rata basis or on as nearly a pro rata basis as redemption date to each Holder of Notes to be redeemed at its registered address. If any Note is practicable (subject to be redeemed in part only, the procedures notice of redemption that relates to such Note shall state the portion of the Depository), unless such method is otherwise prohibitedprincipal amount thereof to be redeemed. A new Note in a principal amount equal to the unredeemed portion thereof will be issued and delivered to the Book-Entry Depositary or, in the case of Certificated Securities, issued in the name of the Holder thereof in each case upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the Redemption Dateredemption date, interest will cease to accrue on Notes or portions thereof called for redemption as long as the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction of the applicable Redemption Price redemption price pursuant to this Indenture.
Appears in 1 contract
Samples: Indenture (Standard Commercial Corp)
Selection of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed at any timeredeemed, selection of the Trustee will select the Notes to be redeemed shall be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed or, if such Notes are not then listed on a national security exchange, on a pro rata basis, by lot or by any other method the Trustee considers fair and appropriate in accordance with applicable procedures (so long as such method is not prohibited by the rules of the NASDAQ Global Market or the NASDAQ Global Select Market or any other stock exchange on which the Notes are then listed, as applicable). The Trustee shall make the selection within seven (7) days from its receipt of the notice from the Company delivered pursuant to Section 6.06 from outstanding Notes not previously called for redemption. Notes and portions of Notes the Trustee selects shall deem fair and appropriate; provided, however, that no Notes of a be in principal amount amounts of $1,000 or less shall be redeemed integral multiples of $1,000. Provisions of the Indenture that apply to Notes called for redemption in whole also apply to Notes called for redemption in part; provided, further, that if a partial redemption is made with . The Trustee shall notify the proceeds of any Qualified Equity Offering, selection Company promptly of the Notes or portions thereof of Notes to be redeemed. If any Note selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Note so selected, the converted portion of such Note shall be made 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 only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to outstanding for the procedures purpose of the Depository), unless such method is otherwise prohibited. A new Note in a principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption as long as the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction of the applicable Redemption Price pursuant to this Indentureselection.
Appears in 1 contract
Selection of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed at any time, selection of the Trustee shall select the Notes or portions thereof to be redeemed shall be made by among the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed or, if such Notes are not then listed on a national security exchange, Holders on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriateappropriate (and in a manner that complies with applicable requirements of the Depositary); provided, however, provided that no Notes of a principal amount of $1,000 2,000 or less shall be redeemed in part; provided. If any Note is to be redeemed in part only, further, the notice of redemption that if a partial redemption is made with relates to such Note shall state the proceeds of any Qualified Equity Offering, selection portion of the Notes or portions principal amount thereof for redemption shall to be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless such method is otherwise prohibitedredeemed. A new Note in a principal amount equal to the unredeemed portion thereof of the original Note, if any, will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the Redemption Dateredemption date, interest will cease ceases to accrue on Notes or portions thereof of them called for redemption. The Trustee shall make the selection from the Notes outstanding and not previously called for 509335-2181-14734-Active.16594683.10 redemption as long as and shall promptly notify the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction writing of the applicable Redemption Price pursuant Notes selected for redemption. The Trustee may select for redemption portions (equal to this Indenture$1,000 or any integral multiple thereof) of the principal amount of the Notes that have denominations larger than $2,000.
Appears in 1 contract
Samples: Indenture (Moog Inc.)
Selection of Notes to Be Redeemed. In the event that less than all case of the Notes are to be redeemed at any timepartial redemption, selection of the Notes to be redeemed shall for redemption will be made by the Trustee in accordance with a written direction from the Company in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed orlisted, or if such Notes are not then listed on a national security exchangeso listed, on a pro rata basis, by lot basis to the extent practicable or by such another method as routinely used by the Trustee, in each case to the extent permitted by the Depositary. The Trustee shall make the selection from outstanding Notes not previously called for redemption. If the Trustee shall deem fair and appropriate; provided, however, that no Notes selects a portion of a principal amount Holder’s Notes for partial redemption and such Holder exchanges a portion of $1,000 or less shall such Holder’s Notes, the exchanged portion will be deemed to be from the portion selected for redemption. If any Notes are to be redeemed in part; providedpart only, further, that if a partial redemption is made with the proceeds of any Qualified Equity Offering, selection of the Company will issue new Notes or portions thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless such method is otherwise prohibited. A new Note in a principal amount equal to the unredeemed principal portion thereof will thereof. The Trustee may select the Notes to be issued redeemed in principal amounts of $1,000 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 notify the name Company promptly of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption as long as the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction of the applicable Redemption Price pursuant Notes to this Indenturebe redeemed.
Appears in 1 contract
Selection of Notes to Be Redeemed. In the event that less than all of the Notes are to be redeemed at any time, selection of the Notes to be redeemed shall be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed or, if such Notes are not then listed on a national security securities exchange, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate; provided, however, that no Notes of a principal amount of $1,000 or less shall be redeemed in part; provided, further, that if a partial redemption is made with the proceeds of any Qualified Public Equity Offering, selection of the Notes or portions thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless such method is otherwise prohibited. A new Note in a principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption as long as the Issuer Company has deposited with the Paying Agent Agents for the Notes funds in U.S. legal tender in satisfaction of the applicable Redemption Price pursuant to this Indenture.
Appears in 1 contract
Samples: Indenture (Panamsat Corp /New/)
Selection of Notes to Be Redeemed. In the event that less than all case of the Notes are to be redeemed at any timepartial redemption, selection of the Notes to be redeemed for redemption shall be made by the Trustee Issuer in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed orlisted, or if such the Notes are not then listed on a national security exchangeso listed, on a pro rata basis, by lot or by such other method as the Trustee Issuer shall deem fair and appropriateappropriate (and in such manner as complies with applicable legal requirements); provided, however, provided that no Notes of a principal amount of $1,000 1.00 or less shall be redeemed in part; provided. If any Note is to be redeemed in part only, further, that if a partial the notice of redemption is made with relating to such Note shall state the proceeds of any Qualified Equity Offering, selection portion of the Notes or portions principal amount thereof for redemption shall to be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless such method is otherwise prohibitedredeemed. A new Note in a principal amount equal to the unredeemed portion thereof will shall be issued in the name of the Holder holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the Redemption Dateredemption date, interest will shall cease to accrue on Notes or portions thereof called for redemption as so long as the Issuer has deposited with the Paying Agent (if other than the Issuer) funds in U.S. legal tender in satisfaction of sufficient to pay the applicable Redemption Price pursuant principal of, plus accrued and unpaid interest on, the Notes to this Indenturebe redeemed.
Appears in 1 contract
Selection of Notes to Be Redeemed. In the event that less than all of the Notes are to be redeemed at any time, selection of the Notes to be redeemed shall be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed or, if such Notes are not then listed on a national security securities exchange, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate; provided, however, that no Notes of a principal amount of $1,000 or less shall be redeemed in part; provided, further, that if a partial redemption is made with the proceeds of any Qualified Public Equity Offering, selection of the Notes or portions thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless such method is otherwise prohibited. A new Note in a principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption as long as the Issuer Company has deposited with the Paying Agent funds Agents in U.S. legal tender in satisfaction of the applicable Redemption Price pursuant to this Indenture.
Appears in 1 contract
Samples: Indenture (TNP Enterprises Inc)
Selection of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed or purchased in an offer to purchase at any time, selection of the Notes to be redeemed or purchased shall be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed or, if such Notes are not then listed on a national security exchange, on a pro rata basis, selected by lot or by such other method as the Trustee shall deem fair and appropriate; provided, however, that no may be prescribed by DTC’s applicable procedures. No Notes of a $2,000 of principal amount of $1,000 or less shall will be redeemed in part; provided. Except as provided in the two preceding sentences, further, provisions of this Indenture that if a partial redemption is made with the proceeds of any Qualified Equity Offering, selection of the apply to Notes or portions thereof called for redemption also apply to portions of Notes called for redemption. The selection shall be made by from Outstanding Notes not previously called for redemption. If any Note is to be redeemed in part only, the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject notice of redemption that relates to such Note shall state the procedures portion of the Depository), unless such method is otherwise prohibitedprincipal amount of that Note to be redeemed. A new Note in a principal amount equal to the unredeemed portion thereof of the original Note presented for redemption will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the Redemption Dateredemption date, interest will cease ceases to accrue on Notes or portions thereof of them called for redemption as long as the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction of the applicable Redemption Price pursuant to this Indentureredemption.
Appears in 1 contract
Selection of Notes to Be Redeemed. In the event that less If fewer than all of the Notes are to be redeemed at any timebeing redeemed, selection of the Trustee shall select the Notes to be redeemed shall be made by with respect to the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed or, if such Notes are not then listed on a national security exchange, on a pro rata basisGlobal Notes, by lot or by such other method as may be required by DTC and otherwise, pro rata, or by any other method the Trustee shall deem in its sole discretion deems fair and appropriate; provided, however, that no Notes in denominations of a $2,000 principal amount and multiples of $1,000 or less above that amount. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. Upon surrender of any Note redeemed in part; provided, further, that if the Holder of such Note shall receive a partial redemption is made with the proceeds of any Qualified Equity Offering, selection of the Notes or portions thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless such method is otherwise prohibited. A new Note equal in a principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon delivery surrendered Note. Once notice of the original Note redemption is sent to the Paying Agent Holders, Notes called for redemption become due and cancellation of payable at the original Note. On and after Redemption Price on the Redemption Date, interest and, commencing on the Redemption Date, Notes redeemed will cease to accrue on Notes or portions thereof called for redemption as long as the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction of the applicable Redemption Price pursuant to this Indentureinterest.
Appears in 1 contract
Selection of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed at any time, selection of the Notes to be redeemed shall be made by the Trustee will select the Notes, or portions thereof, for redemption in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed or, if such the Notes are not then listed on a national security securities exchange, on a pro rata basis, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate; provided, however, provided that no Notes of a principal amount Note of $1,000 in principal amount or less shall be redeemed in part; provided. If any Note is to be redeemed in part only, further, that if a partial the notice of redemption is made with relating to such Note shall state the proceeds of any Qualified Equity Offering, selection portion of the Notes or portions principal amount thereof for redemption shall to be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless such method is otherwise prohibitedredeemed. A new Note in a principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On The Trustee shall make the selection from the Notes outstanding and after not previously called for redemption. Notes in denominations of $1,000 in principal amount at Stated Maturity may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 in principal amount at Stated Maturity or any integral multiple thereof) of Notes that have denominations larger than $1,000 in principal amount at Stated 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 the Redemption Date, interest will cease to accrue on Company and the Registrar promptly in writing of the Notes or portions thereof of Notes to be called for redemption as long as the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction of the applicable Redemption Price pursuant to this Indentureredemption.
Appears in 1 contract
Samples: Indenture (Acme Metals Inc /De/)
Selection of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed at any time, selection of the Trustee shall select the Notes to be redeemed shall be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed or, if such Notes are not then listed on a national security exchange, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriateappropriate (subject to DTC’s procedures, as applicable); provided, however, provided that no Notes of a principal amount of $1,000 2,000 or less shall be redeemed in part; provided. If any Note is to be redeemed in part only, further, the notice of redemption that if a partial redemption is made with relates to such Note shall state the proceeds of any Qualified Equity Offering, selection portion of the Notes or portions principal amount thereof for redemption shall to be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless such method is otherwise prohibitedredeemed. A new Note in a principal amount equal to the unredeemed portion thereof of the original Note will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the Redemption Dateredemption date, interest will shall cease to accrue on Notes or portions thereof of them called for redemption. The Trustee (or DTC, as applicable) shall make the selection from the Notes outstanding and not previously called for redemption as long as and shall promptly notify the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction writing of the applicable Redemption Price pursuant Notes selected for redemption. The Trustee (or DTC, as applicable) may select for redemption portions (equal to this Indenture$1,000 or any integral multiple thereof) of the principal of the Notes that have denominations larger than $2,000.
Appears in 1 contract
Selection of Notes to Be Redeemed. In the event that If less than all of the outstanding Notes are to be redeemed at any time, selection of the Notes to be redeemed shall such Notes, or portions thereof, for redemption will be made by the Trustee either in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed or, if such the Notes are not then listed or admitted to trading on a national security securities exchange, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate; provided, however, that no . No Notes of a principal amount of $1,000 or less shall be redeemed in part; provided, further, that if a partial redemption is made with the proceeds . Notice of any Qualified Equity Offering, selection of the Notes or portions thereof for redemption shall be made mailed by first-class mail at least 30 but not more than 60 days before the Trustee only on a pro rata basis or on as nearly a pro rata basis as Redemption Date to each Holder of Notes to be redeemed at its registered address. If any Note is practicable (subject to be redeemed in part only, the procedures notice of redemption that relates to such Note shall state the portion of the Depository), unless such method is otherwise prohibitedprincipal 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 delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the applicable Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption as long as unless the Issuer has deposited with defaults in the Paying Agent funds in U.S. legal tender in satisfaction of the applicable Redemption Price pursuant to this Indenturepayment thereof.
Appears in 1 contract
Samples: Indenture (GMX Resources Inc)
Selection of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed at any timeredeemed, selection of the Trustee shall select the Notes to be redeemed shall be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed or, if such Notes are not then listed on a national security exchange, on a pro rata basis, or by lot or by any other method the Trustee considers fair and appropriate (so long as such method is not prohibited by the rules of The NASDAQ Global Select Market or any other stock exchange on which the Notes are then listed, as applicable). The Trustee shall make the selection within seven days from its receipt of the notice from the Company delivered pursuant to Section 11.03 from outstanding Notes not previously called for redemption. Notes and portions of them the Trustee selects shall deem fair and appropriate; provided, however, that no Notes of a principal amount be in Principal Amount at Maturity of $1,000 or less shall be redeemed integral multiples of $1,000. Provisions of this Indenture that apply to Notes called for redemption in whole also apply to Notes called for redemption in part; provided, further, that if a partial redemption is made with . The Trustee shall notify the proceeds of any Qualified Equity Offering, selection Company promptly of the Notes or portions thereof of Notes to be redeemed. If any Note selected for partial redemption is converted in part before the Redemption Date with respect to the portion of the Note so selected, the converted portion of such Note shall be made 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 only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to outstanding for the procedures purpose of the Depository), unless such method is otherwise prohibited. A new Note in a principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption as long as the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction of the applicable Redemption Price pursuant to this Indentureselection.
Appears in 1 contract
Samples: Indenture (Micron Technology Inc)
Selection of Notes to Be Redeemed. In If less than all the event Notes are to be redeemed, the Trustee shall select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange or quotation system, if any, on which the Notes are quoted or listed or, if the Notes are not so quoted or listed, by lot or by such other method that complies with applicable legal requirements and that the Trustee considers fair and appropriate. The Trustee shall make the selection not more than 60 days and not less than 30 days before the redemption date from Notes outstanding and not previously called for redemption. The Trustee may select for redemption portions of the principal amount of Notes that have denominations larger than $1,000. The Trustee will make the selection from Notes outstanding and not previously called for redemption. Notes and portions thereof selected by the Trustee shall be in amounts of $1,000 or integral multiples of $1,000. If less than all of the Notes are to be redeemed at any time, selection of and a Note is converted in accordance with Article 10 after the Notes to be redeemed shall be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, date on which notice of redemption is given pursuant to Section 3.3 and prior to the time and date specified in Section 3.5, such Note shall, for purposes of determining the amount of such Notes are listed orwhich have been redeemed, if such be deemed to have been redeemed. Provisions of this Indenture that apply to Notes are not then listed on a national security exchange, on a pro rata basis, by lot or by such method as the called for redemption also apply to portions of Notes called for redemption. The Trustee shall deem fair and appropriate; provided, however, that no Notes of a principal amount of $1,000 or less shall be redeemed in part; provided, further, that if a partial redemption is made with notify the proceeds of any Qualified Equity Offering, selection Company promptly of the Notes or portions thereof for redemption shall of Notes to be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless such method is otherwise prohibited. A new Note in a principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption as long as the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction of the applicable Redemption Price pursuant to this Indentureredemption.
Appears in 1 contract
Selection of Notes to Be Redeemed. In the event that less than all of the Notes are to be redeemed at any time, selection of the such Notes to be redeemed shall for redemption will be made by the Trustee Company in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed or, if such the Notes are not then listed on a national security securities exchange, on a pro rata basis, basis or by lot or by such any other method as the Trustee shall deem fair and appropriate; provided, however, that no Notes of a principal amount of $1,000 or less redeemed in part shall only be redeemed in partintegral multiples of $1,000; provided, further, however, that if any such redemption pursuant to the provisions relating to a partial redemption is made with Public Equity Offering by the proceeds of any Qualified Equity Offering, selection of the Notes or portions thereof for redemption Company 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 any procedures of the The Depository Trust Company or any other Depository). If any Note is to be redeemed in part only, unless the notice of redemption that relates to such method is otherwise prohibited. A Note shall state the portion of the principal amount thereof to be redeemed and the Trustee shall authenticate and mail to the holder of the original Note a new Note in a principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of promptly after the original NoteNote has been canceled. On and after the Redemption Dateredemption date, interest will cease to accrue on Notes or portions thereof called for redemption. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption as long as of Notes shall relate, in the Issuer has deposited with case of any Note redeemed or to be redeemed only in part, to the Paying Agent funds in U.S. legal tender in satisfaction portion of the applicable Redemption Price pursuant principal amount of such Note which has been or is to this Indenturebe redeemed.
Appears in 1 contract
Samples: Indenture (Freedom Chemical Co)
Selection of Notes to Be Redeemed. In the event that less than all of the Notes are to be redeemed at any time, selection of the such Notes to be redeemed shall for redemption will be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed or, if such Notes are not then listed on a national security securities exchange, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate; provided, however, that no Notes of a original principal amount of U.S. $1,000 or less shall be redeemed in part; provided, further, that if a partial redemption is made with the proceeds of any Qualified a Public Equity Offering, selection of the Notes or portions thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the DepositoryDTC procedures), unless such method is otherwise prohibited. Notice of redemption shall be mailed by first-class mail at least 30 but not more than 60 days before the redemption date to each Holder of Notes to be redeemed at its registered address. If any 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 delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption as long as the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction of the applicable Redemption Price redemption price pursuant to this Indenture.
Appears in 1 contract
Samples: Indenture (Mobile Field Office Co)
Selection of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed at any time, selection of the Notes to be redeemed shall be made by the Trustee will select the Notes, or portions thereof, for redemption in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed or, if such the Notes are not then listed on a national security securities exchange, on a pro rata basis, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate; provided, however, provided that no Notes of a principal amount Note of $1,000 in principal amount or less shall be redeemed in part; provided. If any Note is to be redeemed in part only, further, that if a partial the notice of redemption is made with relating to such Note shall state the proceeds of any Qualified Equity Offering, selection portion of the Notes or portions principal amount thereof for redemption shall to be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless such method is otherwise prohibitedredeemed. A new Note in a principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On The Trustee shall make the selection from the Notes outstanding and after the Redemption Date, interest will cease not previously called for redemption. Notes in denominations of $1,000 in principal amount at Stated Maturity may only be redeemed in whole. The Trustee may select for redemption portions (equal to accrue on $1,000 in principal amount at Stated Maturity or any integral multiple thereof) of Notes or portions thereof that have denominations larger than $1,000 in principal amount at Stated Maturity. Provisions of this Indenture that apply to Notes called for redemption as long as the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction also apply to portions of the applicable Redemption Price pursuant to this Indenture.Notes called for
Appears in 1 contract
Samples: Indenture (Amtran Inc)
Selection of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed at any time, selection of the Trustee shall select the Notes to be redeemed shall be made by among the Trustee Holders in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed or, if such the Notes are not then listed on a national security exchangeso listed, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriateappropriate (and in a manner that complies with applicable requirements of the Depositary); provided, however, provided that no Notes of a principal amount of $1,000 2,000 or less shall be redeemed in part; provided, further, that if a partial redemption is made with the proceeds . Notices of any Qualified Equity Offering, selection of the Notes or portions thereof for redemption shall be made sent electronically or mailed by first class mail at least 30 but not more than 60 days before the Trustee only on a pro rata basis or on as nearly a pro rata basis as redemption date to each Holder of Notes to be redeemed at its registered address. If any Note is practicable (subject to be redeemed in part only, the procedures notice of redemption that relates to such Note shall state the portion of the Depository), unless such method is otherwise prohibitedprincipal amount thereof to be redeemed. A new Note in a principal amount equal to the unredeemed portion thereof of the original Note will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the Redemption Dateredemption date, interest will cease ceases to accrue on Notes or portions thereof of them called for redemption. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption as long as and shall promptly notify the Issuer has deposited with the Paying Agent funds Issuers in U.S. legal tender in satisfaction writing of the applicable Redemption Price pursuant Notes selected for redemption. The Trustee may select for redemption portions (equal to this Indenture$1,000 or any integral multiple thereof) of the principal of the Notes that have denominations larger than $2,000.
Appears in 1 contract
Samples: Indenture (Bumble Bee Capital Corp.)
Selection of Notes to Be Redeemed. In the event that less than all case of the Notes are to be redeemed at any timepartial redemption, selection of the Notes to be redeemed for redemption shall be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed orlisted, or if such the Notes are not then listed on a national security exchangeso listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriateappropriate in accordance with the Depository’s applicable procedures; provided, however, provided that no Notes of a principal amount of $1,000 1.00 or less shall be redeemed in part; provided. If any Note is to be redeemed in part only, further, that if a partial the notice of redemption is made with relating to such Note shall state the proceeds of any Qualified Equity Offering, selection portion of the Notes or portions principal amount thereof for redemption shall to be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless such method is otherwise prohibitedredeemed. A new Note in a principal amount equal to the unredeemed portion thereof will shall be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the Redemption Dateredemption date, interest will shall cease to accrue on Notes or portions thereof called for redemption as so long as the Issuer has deposited with the Paying Agent paying agent funds in U.S. legal tender in satisfaction of sufficient to pay the applicable Redemption Price pursuant principal of, plus accrued and unpaid interest on, the Notes to this Indenturebe redeemed.
Appears in 1 contract
Samples: Indenture (Affinion Group, Inc.)
Selection of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed at any time, selection of the Trustee shall select the Notes or portions thereof to be redeemed shall be made by among the Trustee Holders in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed or, if such the Notes are not then listed on a national security exchangeso listed, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriateappropriate (and in a manner that complies with applicable legal requirements); provided, however, provided that no Notes of a principal amount of $1,000 or less shall be redeemed in part; provided. If any Note is to be redeemed in part only, further, the notice of redemption that if a partial redemption is made with relates to such Note shall state the proceeds of any Qualified Equity Offering, selection portion of the Notes or portions thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless such method is otherwise prohibited. A new Note in a principal amount equal thereof to the unredeemed portion thereof will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Noteredeemed. On and after the Redemption Dateredemption date, interest will cease to accrue on Notes or portions thereof of them called for redemption. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption as long as the Issuer Company has deposited with the Paying Agent funds in U.S. legal tender in satisfaction of the applicable Redemption Price pursuant to this IndentureIndenture and shall promptly notify the Company in writing of the Notes selected for redemption. The Trustee may select for redemption portions (equal to $1,000 or any integral multiples of $1,000 in excess thereof) of the principal of the Notes that have denominations larger than $1,000.
Appears in 1 contract
Samples: Indenture (American Pacific Corp)
Selection of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed at any time, selection of the Trustee shall select the Notes to be redeemed shall be made by among the Trustee Holders in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed or, if such the Notes are not then listed on a national security exchangeso listed, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriateappropriate (and in a manner that complies with applicable requirements of the Depositary); provided, however, provided that no Notes of a principal amount of $1,000 2,000 or less shall be redeemed in part; provided, further, that if a partial redemption is made with the proceeds . Notices of any Qualified Equity Offering, selection of the Notes or portions thereof for redemption shall be made sent electronically or mailed by first class mail at least 30 but not more than 60 days before the Trustee only on a pro rata basis or on as nearly a pro rata basis as redemption date to each Holders to be redeemed at its registered address. If any Note is practicable (subject to be redeemed in part only, the procedures notice of redemption that relates to such Note shall state the portion of the Depository), unless such method is otherwise prohibitedprincipal amount thereof to be redeemed. A new Note in a principal amount equal to the unredeemed portion thereof of the original Note will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the Redemption Dateredemption date, interest will cease ceases to accrue on Notes or portions thereof of them called for redemption. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption as long as and shall promptly notify the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction writing of the applicable Redemption Price pursuant Notes selected for redemption. The Trustee may select for redemption portions (equal to this Indenture$1,000 or any integral multiple thereof) of the principal of the Notes that have denominations larger than $2,000.
Appears in 1 contract
Samples: Indenture (Kemet Corp)
Selection of Notes to Be Redeemed. In the event that less than all of the Notes are to be redeemed at any time, selection of the Trustee shall select the Notes to be redeemed shall be made by among the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed or, if such Notes are not then listed on a national security exchange, Holders on a pro rata basis, basis to the extent practicable or by lot or by such other method as the Trustee shall deem fair and appropriateappropriate (except that any Notes represented by a Global Note will be redeemed by such method as the Depositary may require) unless otherwise required by law or any applicable depositary or stock exchange requirements; provided, however, that no Notes of a principal amount of $1,000 2,000 in aggregate principal amount or less shall be redeemed selected for redemption in part; provided, further, that if a partial redemption is made with the proceeds of any Qualified Equity Offering, selection of the Notes or portions thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless such method is otherwise prohibited. A new Note in a principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the Redemption Dateredemption date, unless the Issuers default in the payment of the redemption price, interest will cease to accrue on Notes or portions thereof called for redemption as so long as the Issuer has Issuers have deposited with the Paying Agent funds in U.S. legal tender in satisfaction of the applicable Redemption Price redemption price pursuant to this IndentureIndenture (including accrued and unpaid interest, if any, on the Notes to be redeemed to, but excluding, the redemption date). The Trustee shall promptly notify the Issuers in writing of the Notes selected for redemption. The Trustee may select for redemption portions (equal to $1,000 or any integral multiples of $1,000 thereof) of the principal of the Notes that have minimum denominations larger than $2,000.
Appears in 1 contract
Samples: Indenture (Venator Materials PLC)
Selection of Notes to Be Redeemed. In the event that less than all of the Notes are to be redeemed at any time, selection of The Trustee shall select the Notes to be redeemed shall be made by among the Trustee Holders in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed or, if such the Notes are not then listed on a national security exchangeso listed, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriateappropriate (and in a manner that complies with applicable requirements of the Depositary); provided, however, provided that no Notes of a principal amount of $1,000 2,000 or less shall be redeemed in part; provided, further, that if a partial redemption is made with the proceeds . Notices of any Qualified Equity Offering, selection of the Notes or portions thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable sent electronically (subject to the extent permitted by applicable procedures or regulations) or mailed by first class mail at least 30 but not more than 60 days before the redemption date to each Holder of Notes to be redeemed at its registered address. If any Note is to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion of the Depository), unless such method is otherwise prohibitedprincipal amount thereof to be redeemed. A new Note in a principal amount equal to the unredeemed portion thereof of the original Note will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the Redemption Dateredemption date, interest will cease ceases to accrue on Notes or portions thereof of them called for redemption. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption as long as and shall promptly notify the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction writing of the applicable Redemption Price pursuant Notes selected for redemption. The Trustee may select for redemption portions (equal to this Indenture$1,000 or any integral multiple thereof) of the principal of the Notes that have denominations larger than $2,000.
Appears in 1 contract
Samples: Indenture (Ashland Inc.)
Selection of Notes to Be Redeemed. In the event that less If fewer than all of the Notes are to be redeemed at any timebeing redeemed, selection of the Trustee shall select the Notes to be redeemed shall be made by with respect to the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed or, if such Notes are not then listed on a national security exchange, on a pro rata basisGlobal Notes, by lot or by such other method as may be required by DTC and otherwise, pro rata, or by any other method the Trustee shall deem in its sole discretion deems fair and appropriate; provided, however, that no Notes in denominations of a $2,000 principal amount and multiples of $1,000 or less above that amount. The Trustee shall promptly notify the Issuers in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. Upon surrender of any Note redeemed in part; provided, further, that if the Holder of such Note shall receive a partial redemption is made with the proceeds of any Qualified Equity Offering, selection of the Notes or portions thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless such method is otherwise prohibited. A new Note equal in a principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon delivery surrendered Note. Once notice of the original Note redemption is sent to the Paying Agent Holders, Notes called for redemption become due and cancellation of payable at the original Note. On and after Redemption Price on the Redemption Date, interest and, commencing on the Redemption Date, Notes redeemed will cease to accrue on Notes or portions thereof called for redemption as long as the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction of the applicable Redemption Price pursuant to this Indentureinterest.
Appears in 1 contract
Selection of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed at any time, selection of the Trustee shall select the Notes to be redeemed shall be made by among the Trustee Holders in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed or, if such the Notes are not then listed on a national security exchangeso listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriateappropriate (and in a manner that complies with applicable legal requirements and, as applicable the procedures of the Depositary); provided, however, provided that no Notes of a principal amount of $1,000 2,000 or less shall be redeemed in part; provided. If any Note is to be redeemed in part only, further, the notice of redemption that if a partial redemption is made with relates to such Note shall state the proceeds of any Qualified Equity Offering, selection portion of the Notes or portions principal amount thereof for redemption shall to be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless such method is otherwise prohibitedredeemed. A new Note in a principal amount equal to the unredeemed portion thereof of the original Note will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the Redemption Dateredemption date, interest will shall cease to accrue on Notes or portions thereof of them called for redemption. The Trustee may select for redemption as long as the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction portions (equal to $1,000 or any integral multiple thereof) of the applicable Redemption Price pursuant to this Indentureprincipal of the Notes that have denominations larger than $2,000.
Appears in 1 contract
Selection of Notes to Be Redeemed. In (a) If the event that Company is redeeming less than all of the Notes are to be redeemed at any time, selection of the Notes to be redeemed shall be made by the Trustee selected in compliance accordance with the requirements applicable procedures of the principal national securities exchange, if any, on which such Notes are listed or, if such Notes are not then listed on a national security exchange, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriateDTC; provided, however, provided that no Notes of a principal amount of $1,000 2,000 or less shall be redeemed in part; provided.
(b) If any Note is to be redeemed in part only, further, any notice of redemption that if a partial redemption is made with relates to such Note shall state the proceeds of any Qualified Equity Offering, selection portion of the Notes or portions principal amount thereof for redemption shall to be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable redeemed.
(subject to the procedures of the Depository), unless such method is otherwise prohibited. c) A new Note in a principal amount equal to the unredeemed portion thereof will of any Note redeemed in part shall be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. Notes called for redemption become due and payable on the date fixed for redemption. On and after the Redemption Date, unless the Company (or a third-party offeror) defaults in the redemption payment, interest will shall cease to accrue on Notes the Note or portions thereof called for redemption as long as the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction redemption.
(d) For Notes that are represented by global certificates held on behalf of DTC, notices may be given by delivery of the applicable Redemption Price pursuant relevant notices to this IndentureDTC for communication to entitled account holders in substitution of the aforementioned delivery.
Appears in 1 contract
Samples: Indenture (Winnebago Industries Inc)
Selection of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed at any timeredeemed, selection of the Trustee shall select the Notes to be redeemed shall be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed or admitted to trading or, if such the Notes are not then so listed on a national security exchange, on a pro rata basisor admitted to trading, by lot or by such other method as that the Trustee considers fair and appropriate. The Trustee shall make the selection not more than 60 days and not less than 30 days before the redemption date from Notes outstanding and not previously called for redemption. The Trustee may select for redemption portions of the principal amount of Notes that have denominations larger than $1,000. Notes and portions thereof selected by the Trustee shall deem fair and appropriate; provided, however, that no Notes of a principal amount be in amounts of $1,000 or integral multiples of $1,000. If less shall than all of the Notes are to be redeemed and a Note is converted in part; provided, further, that if a partial accordance with Article 10 after the date on which notice of redemption is made with given pursuant to Section 3.3 and prior to the proceeds time and date specified in Section 3.5, such Note shall, for purposes of any Qualified Equity Offeringdetermining the amount of such Notes which have been redeemed, selection be deemed to have been redeemed. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall notify the Company promptly of the Notes or portions thereof for redemption shall of Notes to be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless such method is otherwise prohibited. A new Note in a principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption as long as the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction of the applicable Redemption Price pursuant to this Indentureredemption.
Appears in 1 contract
Samples: Indenture (Heico Corp)
Selection of Notes to Be Redeemed. In the event that less than all of the Notes are to be redeemed at any time, selection of The Trustee shall select the Notes to be redeemed shall be made by among the Trustee Holders in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed or, if such the Notes are not then listed on a national security exchangeso listed, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriateappropriate (and in a manner that complies with applicable requirements of the Depositary); provided, however, provided that no Notes of a principal amount of $1,000 2,000 or less shall be redeemed in part; provided, further, that if a partial redemption is made with the proceeds . Notices of any Qualified Equity Offering, selection of the Notes or portions thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable sent electronically (subject to the extent permitted by applicable procedures or regulations) or mailed by first class mail at least 30 but not more than 60 days before the redemption date to each Holder of Notes to be redeemed at its registered address. If any Note is to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion of the Depository)principal amount thereof to be redeemed. In the case of Certificated Notes, unless such method is otherwise prohibited. A a new Note in a principal amount equal to the unredeemed portion thereof of the original Note will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the Redemption Dateredemption date, interest will cease ceases to accrue on Notes or portions thereof of them called for redemption. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption as long as and shall promptly notify the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction writing of the applicable Redemption Price pursuant Notes selected for redemption. The Trustee may select for redemption portions (equal to this Indenture$1,000 or any integral multiple thereof) of the principal of the Notes that have denominations larger than $2,000.
Appears in 1 contract
Samples: Indenture (Oshkosh Corp)
Selection of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed at any time, selection of the Notes to be redeemed shall be made by the Trustee will select the Notes, or portions thereof, for redemption in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed or, if such the Notes are not then listed on a national security securities exchange, on a pro rata basis, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate; provided, however, provided that no Notes of a principal amount Note of $1,000 in principal amount or less shall be redeemed in part; provided. If any Note is to be redeemed in part only, further, that if a partial the notice of redemption is made with relating to such Note shall state the proceeds of any Qualified Equity Offering, selection portion of the Notes or portions principal amount thereof for redemption shall to be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless such method is otherwise prohibitedredeemed. A new Note in a principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On The Trustee shall make the selection from the Notes outstanding and after not previously called for redemption. Notes in denominations of $1,000 in principal amount at Stated Maturity may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 in principal amount at Stated Maturity or any integral multiple thereof) of Notes that have denominations larger than $1,000 in principal amount at Stated 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 the Redemption Date, interest will cease to accrue on Company and the Registrar promptly in writing of the Notes or portions thereof of Notes to be called for redemption as long as the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction of the applicable Redemption Price pursuant to this Indentureredemption.
Appears in 1 contract
Samples: Indenture (Amtran Inc)
Selection of Notes to Be Redeemed. In the event that less than all case of the Notes are to be redeemed at any timepartial redemption, selection of the Notes to be redeemed shall for redemption will be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed or(and the Issuers shall notify the Trustee of any such listing), or if such the Notes are not then listed on a national security exchangeso listed, on a pro rata basis, basis to the extent practicable or by lot or by such other method as the Trustee shall deem fair and appropriateappropriate (and, in such manner that complies with the requirements of the Depository, if applicable); provided, however, provided that no Notes of a principal amount of $1,000 2,000 or less shall be redeemed in part; provided. If any Note is to be redeemed in part only, further, that if a partial the notice of redemption is made with relating to such Note shall state the proceeds of any Qualified Equity Offering, selection portion of the Notes or portions principal amount thereof for redemption shall to be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless such method is otherwise prohibitedredeemed. A new Note in a principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the Redemption Dateredemption date, interest will cease to accrue on Notes or portions thereof called for redemption as so long as the Issuer has Issuers have deposited with the Paying Agent paying agent funds in U.S. legal tender in satisfaction of sufficient to pay the applicable Redemption Price pursuant principal of, plus accrued and unpaid interest on, the Notes to this Indenturebe redeemed.
Appears in 1 contract
Samples: Indenture
Selection of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed at any time, selection of the Notes to be redeemed shall such Notes, or portions thereof, for redemption will be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed or, if such Notes are not then listed on a national security exchange, on a pro rata basisbasis (or, by lot or by such method as in the Trustee shall deem fair and appropriatecase of Notes in global form, the Notes will be selected for redemption based on DTC’s applicable procedures); provided, however, provided that no Notes of with a principal amount of $1,000 2,000 or less shall be redeemed in part; provided. If any Note is to be redeemed in part only, further, the notice of redemption that if a partial redemption is made with relates to such Note shall state the proceeds of any Qualified Equity Offering, selection portion of the Notes or portions principal amount thereof for redemption shall to be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless such method is otherwise prohibitedredeemed. A new Note in a principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the applicable Redemption Date, interest will cease to accrue on such Notes or portions thereof called for redemption as long as unless the Issuer has deposited with defaults in the Paying Agent funds in U.S. legal tender in satisfaction payment thereof. Redemption amounts shall only be paid upon presentation and surrender of the applicable Redemption Price pursuant any such Notes to this Indenturebe redeemed.
Appears in 1 contract
Samples: Indenture (Chaparral Energy, Inc.)
Selection of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed at any timeredeemed, selection of the Trustee shall select the Notes to be redeemed shall be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed or, if such Notes are not then listed on a national security exchange, on a pro rata basis, or by lot or by any other method the Trustee considers reasonable (so long as such method is not prohibited by the rules of the NASDAQ Global Market or the NASDAQ Global Select Market or any other stock exchange on which the Notes are then listed, as applicable). The Trustee shall make the selection within seven days from its receipt of the notice from the Company delivered pursuant to Section 6.04 from outstanding Notes not previously called for redemption. Notes and portions of Notes the Trustee selects shall deem fair and appropriate; provided, however, that no Notes of a be in principal amount amounts of $1,000 or less shall be redeemed multiples of $1,000. Provisions of the Indenture that apply to Notes called for redemption in whole also apply to Notes called for redemption in part; provided, further, that if a partial redemption is made with . The Trustee shall notify the proceeds of any Qualified Equity Offering, selection Company promptly of the Notes or portions thereof of Notes to be redeemed. If any Note selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Note so selected, the converted portion of such Note shall be made 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 only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to outstanding for the procedures purpose of the Depository), unless such method is otherwise prohibited. A new Note in a principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption as long as the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction of the applicable Redemption Price pursuant to this Indentureselection.
Appears in 1 contract
Samples: First Supplemental Indenture (Onyx Pharmaceuticals Inc)
Selection of Notes to Be Redeemed. In the event that less If fewer than all of the Notes are to be redeemed at any timebeing redeemed, selection of the Trustee shall select the Notes to be redeemed shall be made by with respect to the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed or, if such Notes are not then listed on a national security exchange, on a pro rata basisGlobal Notes, by lot or by such other method as may be required by DTC and otherwise, pro rata, or by any other method the Trustee shall deem in its sole discretion deems fair and appropriate; provided, however, that no Notes in denominations of a $2,000 principal amount and multiples of $1,000 above that amount (or less if a PIK Payment has been made, in minimum denominations of $1.00 and any integral multiple of $1.00 in excess thereof with respect to a PIK Note or the portion of a Global Note constituting PIK Interest). The Trustee shall promptly notify the Issuers in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. Upon surrender of any Note redeemed in part; provided, further, that if the Holder of such Note shall receive a partial redemption is made with the proceeds of any Qualified Equity Offering, selection of the Notes or portions thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless such method is otherwise prohibited. A new Note equal in a principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original surrendered Note. On Notes called for redemption in accordance with and after subject to Section 3.05 become due and payable at the Redemption Price on the Redemption Date and, commencing on the Redemption Date, interest Notes redeemed will cease to accrue on Notes or portions thereof called for redemption as long as the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction of the applicable Redemption Price pursuant to this Indentureinterest.
Appears in 1 contract
Samples: Indenture (Foresight Energy LP)
Selection of Notes to Be Redeemed. In the event that less If fewer than all of the Notes are to be redeemed at any timebeing redeemed, selection of the Trustee shall select the Notes to be redeemed shall be made by with respect to the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed or, if such Notes are not then listed on a national security exchange, on a pro rata basisGlobal Notes, by lot or by such other method as may be required by DTC and otherwise, pro rata, or by any other method the Trustee shall deem in its sole discretion deems fair and appropriate; provided, however, that no Notes in denominations of a $2,000 principal amount and multiples of $1,000 or less above that amount. The Trustee shall promptly notify the Issuers in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. Upon surrender of any Note redeemed in part; provided, further, that if the Holder of such Note shall receive a partial redemption is made with the proceeds of any Qualified Equity Offering, selection of the Notes or portions thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless such method is otherwise prohibited. A new Note equal in a principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon delivery surrendered Note. Once notice of the original Note redemption is sent to the Paying Agent Holders, Notes called for redemption become due and cancellation of the original Note. On and after payable at the Redemption DatePrice on the Redemption Date and, interest commencing on the Redemption Date Notes redeemed will cease to accrue on Notes or portions thereof called for redemption as long as the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction of the applicable Redemption Price pursuant to this Indentureinterest.
Appears in 1 contract
Selection of Notes to Be Redeemed. In the event that less than all case of the Notes are to be redeemed at any timepartial redemption, selection of the Notes to be redeemed for redemption shall be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed orlisted, or if such the Notes are not then listed on a national security exchangeso listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriateappropriate (and in such manner as complies with applicable legal requirements); provided, however, provided that no Notes of a principal amount of $1,000 2,000 or less shall be redeemed in part; provided. If any Note is to be redeemed in part only, further, that if a partial the notice of redemption is made with relating to such Note shall state the proceeds of any Qualified Equity Offering, selection portion of the Notes or portions principal amount thereof for redemption shall to be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless such method is otherwise prohibitedredeemed. A new Note in a principal amount equal to the unredeemed portion thereof will shall be issued in the name of the Holder holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the Redemption Dateredemption date, interest will shall cease to accrue on Notes or portions thereof called for redemption as so long as the Issuer has deposited with the Paying Agent paying agent funds in U.S. legal tender in satisfaction of sufficient to pay the applicable Redemption Price pursuant principal of, plus accrued and unpaid interest and Additional Interest (if any) on, the Notes to this Indenturebe redeemed.
Appears in 1 contract
Samples: Indenture (Affinion Group, Inc.)
Selection of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed at any time, selection of the Notes to be redeemed shall will be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed or, if such the Notes are not then listed on a national security securities exchange, on a pro rata basis, basis or by lot or by such any other method as the Trustee shall deem fair and appropriate; provided, however, that no Notes of a principal amount of $1,000 or less redeemed in part shall only be redeemed in partintegral multiples of $1,000; provided, further, that if any such redemption pursuant to the provisions relating to a partial redemption is made with the proceeds of any Qualified Public Equity Offering, selection of the Notes or portions thereof for redemption Offering 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 DepositoryThe Depository Trust Company or any other depository), unless such method is otherwise prohibited. A Notices of any optional or mandatory redemption shall be mailed by first class mail at least 30 but not more than 60 days before the Redemption Date to each holder of Notes to be redeemed at such holder's registered address. If any 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, and the Trustee shall authenticate and mail to the holder of the original Note a new Note in a principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of promptly after the original NoteNote has been canceled. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption as long as the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction of the applicable Redemption Price pursuant to this Indentureredemption.
Appears in 1 contract
Selection of Notes to Be Redeemed. In the event that If less than all of the Notes issued hereunder are to be redeemed at any time, selection of the Trustee shall select the Notes to be redeemed shall be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed or, if such Notes are not then listed on a national security exchange, on a pro rata basis, by lot or by such method as complies with applicable legal requirements and, as applicable, the Trustee shall deem fair and appropriateprocedures of the DTC; provided, however, provided that no Notes of a principal amount of $1,000 2,000 or less shall be redeemed in part; provided. If any Note is to be redeemed in part only, further, the notice of redemption that if a partial redemption is made with relates to such Note shall state the proceeds of any Qualified Equity Offering, selection portion of the Notes or portions principal amount thereof for redemption shall to be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless such method is otherwise prohibitedredeemed. A new Note in a principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the Redemption Date, interest will shall cease to accrue on Notes or portions thereof of them called for redemption. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption as long as and shall promptly notify the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction writing of the applicable Redemption Price pursuant Notes selected for redemption. The Trustee may select for redemption portions (equal to this Indenture$1,000 or any integral multiple thereof) of the principal of the Notes that have denominations larger than $2,000.
Appears in 1 contract
Selection of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed at any time, selection of the Trustee shall select the Notes to be redeemed shall be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed or, if such the Notes are not then listed on a national security securities exchange, on a pro rata basis, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate; provided, however, provided that no Notes of a principal amount Note of $1,000 in principal amount or less shall be redeemed in part; provided, further, . The Trustee shall make the selection from the Notes outstanding and not previously called for redemption. Notes in denominations of $1,000 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 Notes that if a partial have denominations larger than $1,000 in principal amount. Provisions of this Indenture that apply to Notes called for redemption is made with also apply to portions of Notes called for redemption. The Trustee shall notify the proceeds of any Qualified Equity Offering, selection Company and the Registrar promptly in writing of the Notes or portions to be redeemed and, if any Note is to be redeemed in part only, the notice of redemption relating to such Note shall state the principal amount thereof for redemption shall to be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless such method is otherwise prohibitedredeemed. A new Note in a principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption as long as the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction of the applicable Redemption Price pursuant to this Indenture.
Appears in 1 contract
Samples: Indenture (Wyndham Hotel Corp)
Selection of Notes to Be Redeemed. In the event that If less than all of the Outstanding Notes are to be redeemed at any timeredeemed, selection of the Trustee shall select the Notes to be redeemed shall be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed or, if such Notes are not then listed on a national security exchange, on a pro rata basis, or by lot or by any other method the Trustee considers fair and appropriate (so long as such method as is not prohibited by the rules of any securities exchange on which the Notes are then listed). The Trustee shall make the selection at least 30 days but not more than 60 days before the Redemption Date from Outstanding Notes not previously called for redemption. The Trustee may select for redemption portions of the Principal Amount at Maturity of Notes that have denominations larger than $1,000. Notes and portions of them the Trustee selects shall deem fair and appropriate; provided, however, that no Notes of a principal amount be in Principal Amounts at Maturity of $1,000 or less 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 be redeemed promptly notify the Company in part; provided, further, that if a partial redemption is made with the proceeds of any Qualified Equity Offering, selection writing of the Notes or portions thereof of Notes to be redeemed. If any Note selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Note so selected, the converted portion of such Note shall be made 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 only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to Outstanding for the procedures purpose of the Depository), unless such method is otherwise prohibited. A new Note in a principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption as long as the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction of the applicable Redemption Price pursuant to this Indentureselection.
Appears in 1 contract
Samples: First Supplemental Indenture (Roper Industries Inc /De/)
Selection of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed at any time, selection of the Trustee shall select the Notes to be redeemed shall be made by among the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed or, if such Notes are not then listed on a national security exchange, Holders on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriateappropriate (and in a manner that complies with applicable requirements of the Depositary); provided, however, provided that no Notes of a principal amount of $1,000 2,000 or less shall be redeemed in part; provided. If any Note is to be redeemed in part only, further, the notice of redemption that if a partial redemption is made with relates to such Note shall state the proceeds of any Qualified Equity Offering, selection portion of the Notes or portions principal amount thereof for redemption shall to be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless such method is otherwise prohibitedredeemed. A new Note in a principal amount equal to the unredeemed portion thereof of the original Note, if any, will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the Redemption Dateredemption date, interest will cease ceases to accrue on Notes or portions thereof of them called for redemption. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption as long as and shall promptly notify the Issuer has deposited with the Paying Agent funds Company in U.S. legal tender in satisfaction writing of the applicable Redemption Price pursuant Notes selected for redemption. The Trustee may select for redemption portions (equal to this Indenture$1,000 or any integral multiple thereof) of the principal of the Notes that have denominations larger than $2,000.
Appears in 1 contract
Samples: Indenture (Triumph Group Inc)
Selection of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed at any time, selection of the Trustee shall select the Notes to be redeemed shall be made by among the Trustee Holders in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed or, if such the Notes are not then listed on a national security exchangeso listed, on a pro rata basisbasis (and in a manner that complies with applicable legal requirements and, by lot or by such method as applicable the Trustee shall deem fair and appropriateprocedures of the Depositary); provided, however, provided that no Notes of a principal amount of $1,000 2,000 or less shall be redeemed in part; providedpart (or, furtherafter any PIK Payment has been made, denominations of $1.00 or less). If any Note is to be redeemed in part only, the notice of redemption that if a partial redemption is made with relates to such Note shall state the proceeds of any Qualified Equity Offering, selection portion of the Notes or portions principal amount thereof for redemption shall to be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless such method is otherwise prohibitedredeemed. A new Note in a principal amount equal to the unredeemed portion thereof of the original Note will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the Redemption Dateredemption date, interest will shall cease to accrue on Notes or portions thereof of them called for redemption. The Trustee may select for redemption as long as the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction portions (equal to $1,000 or any integral multiple thereof) of the applicable Redemption Price pursuant to this Indentureprincipal of the Notes that have denominations larger than $2,000 (or, after any PIK Payment has been made, denominations of $1.00 or larger). The Trustee shall not have any responsibility for actions taken or not taken by the Depositary.
Appears in 1 contract
Samples: Indenture (LiveWatch Security, LLC)
Selection of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed at any time, selection of the Trustee shall select the Notes to be redeemed shall be made by the Trustee for redemption as follows:
(1) if applicable, in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed listed; or,
(2) if such the Notes are not then listed on a national security exchangeso listed, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate; provided, however, that no . The Trustee shall promptly notify the Company in writing of the Notes selected for redemption. No Notes of a principal amount of less than $1,000 or less shall be redeemed in part; provided, further, that if a partial redemption is made with the proceeds . Notices of any Qualified Equity Offering, selection of the Notes or portions thereof for redemption shall be made electronically delivered or mailed by first class mail at least 30 but not more than 60 days before the Trustee only on a pro rata basis or on as nearly a pro rata basis as redemption date to each Holder of Notes to be redeemed at its registered address. Notices of redemption may not be conditional. If any Note is practicable (subject to be redeemed in part only, the procedures notice of redemption that relates to that Note shall state the portion of the Depository), unless such method is otherwise prohibitedprincipal amount thereof to be redeemed. A new Note in a principal amount equal to the unredeemed portion thereof of the original Note will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. Notes called for redemption will become due on the date fixed for redemption. On and after the Redemption Dateredemption date, interest will cease to accrue on Notes or portions thereof of them called for redemption as long as the Issuer Company has deposited with the Paying Agent funds in U.S. legal tender in satisfaction of the applicable Redemption Price pursuant to this Indentureredemption price.
Appears in 1 contract
Samples: Indenture (APW Supermarkets, Inc.)
Selection of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed at any time, selection of the Notes to be redeemed shall be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such will select Notes are listed or, if such Notes are not then listed on a national security exchange, for redemption on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate; providedappropriate (in a manner that complies with all applicable legal requirements and, howeveras applicable, that no the rules and procedures of DTC). No Notes of a principal amount of $1,000 2,000 or less shall be redeemed in part; provided, further, that if a partial redemption is made with the proceeds . Notices of any Qualified Equity Offering, selection of the Notes or portions thereof for redemption shall be made mailed by first class mail at least 30 but not more than 60 days before the Trustee only on a pro rata basis or on as nearly a pro rata basis as redemption date to each Holder of Notes to be redeemed at its registered address. Notices of redemption may not be conditional. If any Note is practicable (subject to be redeemed in part only, the procedures notice of redemption that relates to that Note shall state the portion of the Depository), unless such method is otherwise prohibitedprincipal amount thereof to be redeemed. A new Note in a principal amount equal to the unredeemed portion thereof of the original Note will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the Redemption Dateredemption date, interest will cease ceases to accrue on Notes or portions thereof of them called for redemption as long as the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction of the applicable Redemption Price pursuant to this Indentureredemption.
Appears in 1 contract
Samples: Indenture (ReFinance America, LTD)
Selection of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed at any time, selection of the Trustee shall select the Notes to be redeemed shall be made by among the Trustee Holders in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed or, if such the Notes are not then listed on a national security exchangeso listed, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriateappropriate (and in a manner that complies with applicable legal requirements); provided, however, provided that no Notes of a principal amount of $1,000 2,000 or less shall be redeemed in part; provided, further, that if a partial redemption is made with the proceeds . Notices of any Qualified Equity Offering, selection of the Notes or portions thereof for redemption shall be made mailed by first class mail at least 30 but not more than 60 days before the Trustee only on a pro rata basis or on as nearly a pro rata basis as redemption date to each Holder of Notes to be redeemed at its registered address. If any Note is practicable (subject to be redeemed in part only, the procedures notice of redemption that relates to such Note shall state the portion of the Depository), unless such method is otherwise prohibitedprincipal amount thereof to be redeemed. A new Note in a principal amount equal to the unredeemed portion thereof of the original Note will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the Redemption Dateredemption date, interest will cease ceases to accrue on Notes or portions thereof of them called for redemption. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption as long as and shall promptly notify the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction writing of the applicable Redemption Price pursuant Notes selected for redemption. The Trustee may select for redemption portions (equal to this Indenture$1,000 or any integral multiple thereof) of the principal of the Notes that have denominations larger than $2,000.
Appears in 1 contract
Samples: Indenture (PNA Group Holding CORP)
Selection of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed at any time, selection of the Notes to be redeemed shall be made by the Trustee in compliance with the requirements of the principal national securities exchangeTrustee, if any, on which such Notes are listed or, if such Notes are not then listed on a national security exchange, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate; provided, however, that no Notes of a principal amount of $1,000 or less shall be redeemed in part; provided, further, that if a partial redemption is made with the proceeds of any Qualified Equity Offering, selection of the Notes or portions thereof for redemption shall be made by the Trustee only on a pro rata basis or on 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 nearly a pro rata basis as is practicable (subject to it shall deem proper so that the procedures of the Depository), unless such method is otherwise prohibited. A new Note in a principal amount equal 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 unredeemed portion thereof will be issued particular Notes (if there are more than one) registered in the name of any Holder which are to be redeemed, in whole or 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 notify the Holder thereof upon delivery Company promptly of the original Note to the Paying Agent and cancellation of the original Note. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption as long as the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction of the applicable Redemption Price pursuant Notes to this Indenturebe redeemed.
Appears in 1 contract
Samples: Indenture (Azteca Holdings Sa De Cv)
Selection of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed at any time, selection of the Notes to be redeemed shall be made by the Trustee in compliance with or the requirements of the principal national securities exchangeapplicable Registrar, if anyas applicable, on which such will select Notes are listed or, if such Notes are not then listed on a national security exchange, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate; provided, however, that no Notes of a principal amount of $1,000 or less shall be redeemed in part; provided, further, that if a partial redemption is made with the proceeds of any Qualified Equity Offering, selection of the Notes or portions thereof for redemption shall be made by the Trustee only on a pro rata basis or by lot or by using a pool factor (or in the case of Global Notes based on as a method that most nearly approximates a pro rata basis selection as is practicable the Trustee or the relevant Registrar, as applicable, deems fair and appropriate. Neither the Trustee nor the applicable Registrar shall be liable for any selections made by it in accordance with this Section 3.02 (subject to including the procedures of the Depositoryrelevant depositaries). Notices of redemption will be given to each Holder pursuant to Sections 3.03 and 13.01. In relation to Definitive Registered Notes, unless such method is otherwise prohibited. A a new Note in a principal amount equal to the unredeemed portion thereof of any Note redeemed in part will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. In the case of a Global Note, a notation will be made on such Note to decrease the principal amount thereof to an amount equal to the unredeemed portion thereof. On and or after any redemption date, unless the Redemption DateIssuer defaults in payment of the redemption price, interest will shall cease to accrue on Notes or portions thereof called for redemption as long as the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction of the applicable Redemption Price pursuant to this Indentureredemption.
Appears in 1 contract
Samples: Indenture (Twist Beauty S.a r.l. & Partners S.C.A.)
Selection of Notes to Be Redeemed. In If the event that Issuer is redeeming less than all of the Notes are to be redeemed issued by it at any time, selection of the Trustee shall select the Notes to be redeemed shall be made by (a) if the Trustee Notes are listed on any securities exchange, in compliance with the requirements of the principal national securities exchange, if any, exchanges on which such the Notes are listed orlisted, or (b) if such the Notes are not then listed on a national security securities exchange, on a pro rata basis, basis to the extent practicable or by lot or by such other method as the Trustee in its sole discretion shall deem fair and appropriate; provided, however, provided that no Notes such partial redemption shall reduce the portion of a the principal amount of a Note not redeemed to less than $200,000. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption. The Trustee may select for redemption portions equal to $1,000 in principal amount or less shall be redeemed in partany integral multiple thereof; provided, further, provided that if a no such partial redemption is made with shall reduce the proceeds portion of any Qualified Equity Offering, selection the principal amount of a Note not redeemed to less than $200,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall notify the Issuer and the Registrar promptly in writing of the Notes or portions thereof for redemption shall of Notes to be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless such method is otherwise prohibited. A new Note in a principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption as long as the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction of the applicable Redemption Price pursuant to this Indentureredemption.
Appears in 1 contract
Samples: Indenture (Digicel Group LTD)
Selection of Notes to Be Redeemed. In If the event that Company has elected to redeem less than all the Notes pursuant to paragraph 6 of the Notes are to be redeemed at any timeNotes, selection of the Trustee shall, within five (5) Business Days after receiving the notice specified in Section 3.02, select the Notes to be redeemed shall be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed or, if such Notes are not then listed on a national security exchangelot, on a pro rata basis, by lot basis or by such in accordance with any other method as the Trustee shall deem considers fair and appropriate. The Trustee shall make such selection from Notes then outstanding and not already to be redeemed by virtue of having been previously called for Redemption. The Trustee may select for Redemption portions of the principal amount of Notes that have denominations larger than €1,000 principal amount. Notes and portions of them the Trustee selects for Redemption shall be integral multiples of €1,000 principal amount. The Trustee shall promptly notify the Company in writing of the Notes selected for Redemption and the principal amount thereof to be redeemed; provided, however, that no Notes of a principal amount of $1,000 or less Note shall be redeemed in part; providedpart if the resulting Note would have a minimum denomination that is less than €50,000. The Registrar need not register the transfer of or exchange any Notes that have been selected for Redemption, further, that if a partial redemption is made with except the proceeds of any Qualified Equity Offering, selection unredeemed portion of the Notes being redeemed in part. The Registrar need not issue, authenticate, register the transfer of or portions thereof exchange any Note 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 period of twenty (subject to the procedures of the Depository)20) days before selecting, unless such method is otherwise prohibited. A new Note in a principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption as long as the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction of the applicable Redemption Price pursuant to this IndentureSection 3.03, Notes to be redeemed.
Appears in 1 contract
Samples: Indenture (Millipore Corp /Ma)
Selection of Notes to Be Redeemed. In the event that less than all of (i) if the Notes are to be redeemed at any timelisted, selection of the Notes to be redeemed shall be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, exchange on which such the Notes are listed or, listed; or (ii) if such the Notes are not then listed on a national security exchangeso listed, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate; provided, however, that no . No Notes of a principal amount of $1,000 or less shall be redeemed in part; provided, further, that if a partial redemption is made with the proceeds . Notices of any Qualified Equity Offering, selection of the Notes or portions thereof for redemption shall be made mailed by first class mail at least 30 but not more than 60 days before the Trustee only on a pro rata basis or on as nearly a pro rata basis as redemption date to each Holder of Notes to be redeemed at its registered address. Notices of redemption may not be conditional. If any Note is practicable (subject to be redeemed in part only, the procedures notice of redemption that relates to that Note shall state the portion of the Depository), unless such method is otherwise prohibitedprincipal amount thereof to be redeemed. A new Note in a principal amount equal to the unredeemed portion thereof of the original Note will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the Redemption Dateredemption date, interest will cease ceases to accrue on Notes or portions thereof of them called for redemption as long as the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction of the applicable Redemption Price pursuant to this Indentureredemption.
Appears in 1 contract
Samples: Indenture (American Seafoods Inc)
Selection of Notes to Be Redeemed. In the event that less than all of the Notes are to be redeemed at any time, selection of the such Notes to be redeemed shall for redemption will be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed or, if such Notes are not then listed on a national security securities exchange, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate; provided, however, that no Notes of a principal amount of $1,000 or less shall be redeemed in part; provided, further, that if a partial redemption is made with the proceeds of any Qualified a Public Equity Offering, selection of the Notes or portions thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the DepositoryDTC procedures), unless such method is otherwise prohibited. Notice of redemption shall be mailed by first- class mail at least 30 but not more than 60 days before the Redemption Date to each Holder of Notes to be redeemed at its registered address. If any 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 delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption as long as the Issuer Company has deposited with the Paying Agent funds in U.S. legal tender in satisfaction of the applicable Redemption Price pursuant to this IndenturePrice.
Appears in 1 contract
Samples: Indenture (Sitel Corp)
Selection of Notes to Be Redeemed. In the event that of a redemption or purchase of less than all of the Notes, the Notes to be redeemed or purchased will be chosen by the Trustee pro rata, by lot or by any other method that the Trustee considers fair and appropriate and, if the Notes are listed on any securities exchange, by a method that complies with the requirements of such exchange; provided that, if less than all of a holder's Notes are to be redeemed at or accepted for payment, only principal amounts of $1,000 or multiples thereof may be selected for redemption or accepted for payment. On and after any timeredemption or purchase date, selection of the Notes to be redeemed shall be made by the Trustee in compliance with the requirements of the principal national securities exchangeinterest and Liquidated Damages, if any, on which such Notes are listed or, if such Notes are not then listed on a national security exchange, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate; provided, however, that no Notes of a principal amount of $1,000 or less shall be redeemed in part; provided, further, that if a partial redemption is made with the proceeds of any Qualified Equity Offering, selection of the Notes or portions thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless such method is otherwise prohibited. A new Note in a principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the Redemption Date, interest will cease to accrue on the Notes or portions thereof called for redemption as long as or accepted for payment. Notice of any redemption or offer to purchase will be mailed at least 30 days but not more than 60 days before the Issuer has deposited with redemption or purchase date to each holder of Notes to be redeemed or purchased at such holder's registered address. The Trustee shall promptly notify the Paying Agent funds Company in U.S. legal tender in satisfaction writing of the applicable Redemption Price pursuant Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Except as provided in the preceding sentence, provisions of this IndentureIndenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.
Appears in 1 contract
Samples: Indenture (Jackson Products Inc)
Selection of Notes to Be Redeemed. In the event that Unless otherwise indicated for a particular Series by a Board Resolution, a supplemental indenture or an Officers’ Certificate, if less than all of the Notes of a Series are to be redeemed or purchased in an offer to purchase at any time, selection of the Trustee shall select the Notes to be redeemed shall be made by or purchased as follows:
(1) if the Issuer notifies the Trustee in writing that the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed; or
(2) if the Issuer does not notify the Trustee in writing that the Notes are listed or, if such Notes are not then listed on a any national security securities exchange, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate; provided, however, that no appropriate or as required by the Depositary. No Notes of a minimum of $150,000 of principal amount of $1,000 or less shall (or, in the case of any Series established in denominations less than $150,000, the principal amount or less of such denomination) will be redeemed in part; provided. Except as provided in the preceding sentence, furtherprovisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall make the selection from Outstanding Notes of a Series not previously called for redemption. If any Note is to be redeemed in part only, the notice of redemption that if a partial redemption is made with the proceeds of any Qualified Equity Offering, selection relates to such Note of the Notes or portions thereof for redemption same Series and Stated Maturity Date shall be made by state the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures portion of the Depository), unless such method is otherwise prohibitedprincipal amount of that Note to be redeemed. A new Note in a principal amount equal to the unredeemed portion thereof of the original Note presented for redemption will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On and after the Redemption Dateredemption date, interest will cease ceases to accrue or accrete on Notes or portions thereof of them called for redemption as long as the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction of the applicable Redemption Price pursuant to this Indentureredemption.
Appears in 1 contract
Selection of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed at any timeredeemed, selection of the Trustee shall select the Notes to be redeemed shall be made by the Trustee in compliance with the requirements of the principal national securities exchangelot, if any, on which such Notes are listed or, if such Notes are not then listed on a national security exchange, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate; provided, however, that no Notes of a principal amount of $1,000 or less shall be redeemed in part; provided, further, that if a partial redemption is made with the proceeds of any Qualified Equity Offering, selection of the Notes or portions thereof for redemption shall be made by the Trustee only on a pro rata basis or on by any other method the Trustee considers fair and appropriate (so long as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless such method is otherwise prohibited. A new Note in a principal amount equal to not prohibited by the unredeemed portion thereof will be issued in the name rules of the Holder thereof upon delivery NASDAQ Global Select Market or any other stock exchange on which the Common Stock are then listed, as applicable). The Trustee shall make the selection within seven days from its receipt of the original Note notice from the Company delivered pursuant to Section 5.03 from Outstanding Notes not previously called for redemption. Notes and portions of them the Paying Agent and cancellation Trustee selects shall be in principal amounts of $2,000 or in integral multiples of $1,000 in excess thereof. Provisions of this Indenture that apply to Notes called for redemption in whole also apply to Notes called for redemption in part. The Trustee shall notify the Company promptly of the original Note. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called of Notes to be redeemed. If any Note selected for partial redemption as long as the Issuer has deposited with the Paying Agent funds is converted in U.S. legal tender in satisfaction part before termination of the applicable Redemption Price pursuant conversion right with respect to this Indenturethe portion of the Note so selected, the converted portion of such Note shall be deemed (so far as may be) to be from 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.
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Samples: Indenture (Ciena Corp)
Selection of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed at any time, selection the Trustee shall select the Notes to be redeemed on a 50 -43- pro rata basis, provided that the Trustee may select for redemption in part only Notes in denominations larger than $1,000. In selecting Notes to be redeemed pursuant to this Section 3.02, 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 $1,000 or an integral multiple thereof, by increasing, decreasing or eliminating any amount less than $1,000 which would be allocable to any Holder. If the Notes to be redeemed are Certificated Notes, the Certificated Notes to be redeemed shall be made selected by the Trustee in compliance with by prorating, as nearly as may be, the requirements of the principal national securities exchange, if any, on which such Notes are listed or, if such Notes are not then listed on a national security exchange, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate; provided, however, that no Notes of a principal amount of $1,000 or less shall Certificated Notes to be redeemed among the Holders of Certificated Notes registered in their respective names. 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, in whole or in part; provided, further, . Provisions of this Indenture that if a partial apply to Notes called for redemption is made with also apply to portions of Notes called for redemption. The Trustee shall notify the proceeds of any Qualified Equity Offering, selection Company promptly of the Notes or portions thereof for of Notes to be redeemed. Each redemption of 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), unless such method is otherwise prohibited. A new Note in a principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent between Initial Notes and cancellation of the original Note. On and after the Redemption Date, interest will cease to accrue on Notes or portions thereof called for redemption as long as the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction of the applicable Redemption Price pursuant to this IndentureExchange Notes.
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Selection of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed at any time, selection of the Registrar will select Notes to be redeemed shall be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed or, if such Notes are not then listed on a national security exchange, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate; provided, however, that no Notes of a principal amount of $1,000 or less shall be redeemed in part; provided, further, that if a partial redemption is made with the proceeds of any Qualified Equity Offering, selection of the Notes or portions thereof for redemption shall be made by the Trustee only on a pro rata basis unless otherwise required by law or on as nearly a pro rata basis as applicable stock exchange or depositary requirements. The Registrar shall not be liable for selections made in accordance with this Section 3.02. No Notes of €100,000 or less shall be purchased or redeemed in part.
01. If any Note is practicable (subject to be redeemed in part only, the procedures notice of redemption that relates to that Note will state the portion of the Depository), unless such method principal amount of that Note that is otherwise prohibitedto be redeemed. A new Note in a principal amount equal to the unredeemed portion thereof of the original Note will be issued in the name of the Holder of Notes upon cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions of Notes called for redemption. In relation to Definitive Registered Notes, a new Note in principal amount equal to the unpurchased or unredeemed portion of any Note purchased or redeemed in part will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. On and or after any purchase or redemption date, unless the Redemption DateIssuer defaults in payment of the purchase or redemption price, interest will shall cease to accrue on Notes or portions thereof tendered for purchase or called for redemption as long as the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction of the applicable Redemption Price pursuant to this Indentureredemption.
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Samples: Indenture
Selection of Notes to Be Redeemed. In the event that (a) If less than all of the Notes of a series are to be redeemed at any time, selection the Trustee shall select Notes for redemption of the Notes series to be redeemed shall be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such Notes are listed or, if such Notes are not then listed on a national security exchangeredeemed, on a pro rata basis, by lot or by such method as the Trustee shall deem deems fair and appropriate; provided, however, that no .
(b) No Notes of a $2,000 of principal amount of $1,000 at maturity or less shall be redeemed in part; provided, further, that if a partial redemption is made with the proceeds . Notice of any Qualified Equity Offering, selection of the Notes or portions thereof for redemption shall be made mailed by first class mail at least 30 but not more than 60 days before the Trustee only on a pro rata basis or on as nearly a pro rata basis as redemption date to each Holder to be redeemed at its registered address. Notices of redemption may be conditional.
(c) If any Note is practicable (subject to be redeemed in part only, the procedures notice of redemption that relates to such Note shall state the portion of the Depository), unless such method is otherwise prohibitedprincipal amount of that Note to be redeemed. A new Note in a principal amount equal to the unredeemed portion thereof will of the original Note presented for redemption shall be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. Notes called for redemption, subject to any condition included in the applicable notice of redemption, become due on the date fixed for redemption. On and after the Redemption Dateredemption date, interest will cease ceases to accrue on Notes or portions thereof of them called for redemption as long as the Issuer has deposited with the Paying Agent funds in U.S. legal tender in satisfaction of the applicable Redemption Price pursuant to this Indentureredemption.
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Selection of Notes to Be Redeemed. In the event that If less than all of the Notes are to be redeemed at any timeredeemed, selection of the Notes to be redeemed shall for redemption or repurchase will be made by the Trustee in compliance with the requirements of the principal national securities exchange, if any, on which such the Notes are listed listed, or, if such the Notes are not then listed on a national security exchangeso listed, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate; provided, however, provided that Notes to be redeemed with the proceeds of an Equity Offering shall be selected on a pro rata basis; provided further that no Notes of a principal amount of $1,000 or less shall be redeemed in part; provided, further, that if a partial redemption is made with the proceeds . Notices of any Qualified Equity Offering, selection of the Notes or portions thereof for redemption shall be made mailed by first class mail at least 30 but not more than 60 days before the Trustee only on a pro rata basis or on as nearly a pro rata basis as redemption date to each Holder of Notes to be redeemed at its registered address. Notices of redemption may not be conditional. If any Note is practicable (subject to be redeemed in part only, the procedures notice of redemption that relates to such Note shall state the portion of the Depository), unless such method is otherwise prohibitedprincipal 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 delivery of the original Note to the Paying Agent and cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the Redemption Dateredemption date, interest will and Liquidated Damages shall cease to accrue on Notes or portions thereof of them called for redemption as long as unless the Issuer has deposited with Company defaults in making the Paying Agent funds in U.S. legal tender in satisfaction of the applicable Redemption Price pursuant to this Indentureredemption payment.
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Samples: Indenture (Albecca Inc)