Selection of Securities to be Redeemed. If less than all the Securities of any series, or any Tranche thereof, are to be redeemed, the particular Securities to be redeemed shall be selected by the Trustee from the Outstanding Securities of such series or Tranche not previously called for redemption, by such method as shall be provided for any particular series, or, in the absence of any such provision, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such series or Tranche or any integral multiple thereof) of the principal amount of Securities of such series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tendered. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected to be redeemed in part, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 36 contracts
Samples: Indenture (Entergy Arkansas Inc), Indenture (National Fuel Gas Co), Indenture (For Unsecured Debt Securities) (National Fuel Gas Co)
Selection of Securities to be Redeemed. If less than all the Securities of any series, or any Tranche thereof, series are to be redeemedredeemed (unless such redemption affects only a single Security, in which case this Section 1103 shall not apply), the particular Securities to be redeemed shall be selected by not more than 60 days or less than 10 days prior to the Trustee Redemption Date, from the Outstanding Securities of such series or Tranche not previously called for redemption, either (i) in compliance with the requirement of the applicable clearing systems, if the Securities are held through any clearing systems, or (ii) by the Trustee on a pro rata basis, by lot or by such method as shall be provided for any particular series, or, in the absence of any such provision, by such other method as the Trustee shall deem deems fair and appropriate appropriate, if the Securities are not held through any clearing systems, and in either case which may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such series or Tranche or any integral multiple thereof) a portion of the principal amount of Securities any Security of such series or Tranche series, provided that the unredeemed portion of a the principal amount of any Security shall be in an authorized denomination larger (which shall not be less than the minimum authorized denomination for Securities of such series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company denomination) for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tenderedSecurity. The Trustee shall promptly notify the Company and the Security Registrar Issuer in writing of the Securities selected for redemption as aforesaid and, in the case of any Securities selected for partial redemption as aforesaid, the principal amounts thereof to be redeemed. The provisions of the two preceding paragraphs shall not apply with respect to any redemption affecting only a single Security, whether such Security is to be redeemed in whole or in part. In the case of any such redemption in part, the unredeemed portion of the principal amount thereof to of the Security shall be redeemedin an authorized denomination (which shall not be less than the minimum authorized denomination) for such Security. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount amounts of such Securities which has been or is to be redeemed.
Appears in 25 contracts
Samples: Indenture (Amcor PLC), Indenture (Amcor PLC), Indenture (Amcor Flexibles North America, Inc.)
Selection of Securities to be Redeemed. If less than all the Securities of any series, or any Tranche thereof, series are to be redeemed (unless all of the Securities of that series of a specified tenor are to be redeemed), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee Trustee, from the Outstanding outstanding Securities of such that series or Tranche (and tenor) not previously called for redemption, either pro rata, by lot or by such method as shall be provided for any particular series, or, in the absence of any such provision, by such other method as the Trustee shall deem fair and appropriate and which appropriate. That redemption may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such that series or Tranche or any integral multiple thereof) of the principal amount of Securities of such that series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such that series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, of the Company shall have offered to purchase all or any principal amount of the Global Securities then Outstanding of any that series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tendered. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected to be redeemed in partfor partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities of any series shall relate, in the case of any of the Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities thereof which has been or is to be redeemed.
Appears in 18 contracts
Samples: Subordinated Indenture (Oceaneering International Inc), Indenture (Syntroleum Corp), Indenture (Acs Trust I)
Selection of Securities to be Redeemed. If less than all the Securities of any series, or any Tranche thereof, series are to be redeemed, the particular Securities to be redeemed shall be selected by the Trustee from the Outstanding Securities of such series or Tranche not previously called for redemption, by such method as shall be provided for any particular series, or, in the absence of any such provision, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such series or Tranche or any integral multiple thereof) of the principal amount of Securities of such series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such series or Trancheseries; provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tendered. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected to be redeemed in part, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 18 contracts
Samples: Indenture (Txu Australia Holdings Partnership L P), Indenture (Montana Power Capital I), Indenture (Texas Utilities Co /Tx/)
Selection of Securities to be Redeemed. If less than all the Securities of any series, or any Tranche thereof, series are to be redeemedredeemed (unless all the Securities of such series and of a specified tenor are to be redeemed or unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee Trustee, from the Outstanding Securities of such series or Tranche not previously called for redemption, by such method as shall be provided for any particular series, or, in the absence of any such provision, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such series or Tranche or any integral multiple thereof) a portion of the principal amount of any Security of such series, provided that the portion of the principal amount of any Security not redeemed shall be in an authorized denomination (which shall not be less than the minimum authorized denomination) for such Security. If less than all the Securities of such series or Tranche and of a denomination larger specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the minimum authorized denomination for Redemption Date by the Trustee, from the Outstanding Securities of such series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select specified tenor not previously called for redemption all or any principal amount of such Securities which have not been so tenderedin accordance with the preceding sentence. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected for partial redemption and, in the case of any Securities selected to be redeemed in part, and the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities Security which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.
Appears in 17 contracts
Samples: Junior Subordinated Indenture (Silicon Valley Bancshares), Junior Subordinated Indenture (Silicon Valley Bancshares), Junior Subordinated Indenture (Asbc Capital Ii)
Selection of Securities to be Redeemed. If less than all the Securities of any series, or any Tranche thereof, series are to be redeemed (unless all of the Securities of such series of a specified tenor are to be redeemed), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee from the Outstanding outstanding Securities of such series or Tranche (and tenor) not previously called for redemption, either pro rata, by lot or by such method as shall be provided for any particular series, or, in the absence of any such provision, by such other method as the Trustee shall deem fair and appropriate and which that may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such that series or Tranche or any integral multiple thereof) of the principal amount of Securities of such series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such that series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, of the Company shall have offered to purchase all or any principal amount of the Global Securities then Outstanding of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tenderedseries. The Trustee shall promptly notify the Company Partnership and the Security Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected to be redeemed in partfor partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any of the Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities thereof which has been or is to be redeemed.
Appears in 16 contracts
Samples: Indenture (Heritage Operating Lp), Indenture (ETC Texas Pipeline, LTD), Indenture (ETC Texas Pipeline, LTD)
Selection of Securities to be Redeemed. If less than all of the Securities of any series, or any Tranche thereof, series are to be redeemed (unless all of the Securities of such series of a specified tenor are to be redeemed), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee from the Outstanding outstanding Securities of such series or Tranche (and tenor) not previously called for redemption, either pro rata, by lot or by such method as shall be provided for any particular series, or, in the absence of any such provision, by such other method as the Trustee shall deem fair appropriate in accordance with industry standards at the time of such redemption and appropriate and which that may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such that series or Tranche or any integral multiple thereof) of the principal amount of Securities of such series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such that series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, of the Company shall have offered to purchase all or any principal amount of the Global Securities then Outstanding of any series, or any Tranche thereof, and less than all of such series; provided that, if at the time of redemption such Securities are registered as to which such offer was made shall have been tendered to the Company for such purchasea Global Security, the TrusteeDepositary shall determine, if so directed by Company Orderin accordance with its procedures, shall select for redemption all or any the principal amount of such Securities which have not been so tenderedheld by each beneficial owner of Securities to be redeemed. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected to be redeemed in partfor partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any of the Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities thereof which has been or is to be redeemed.
Appears in 15 contracts
Samples: Indenture (Contango ORE, Inc.), Indenture (Riley Exploration Permian, Inc.), Indenture (KLX Energy Services Holdings, Inc.)
Selection of Securities to be Redeemed. If less than all the Securities of any series, or any Tranche thereof, are to be redeemed, the particular Securities to be redeemed shall be selected by the Trustee from the Outstanding Securities of such series or Tranche not previously called for redemption, by such method as shall be provided for any such particular seriesseries or Tranche, or, or in the absence of any such provision, by such method of random selection as the Trustee shall deem fair and appropriate and which may may, in any case, provide for the selection for redemption of portions (equal to the minimum any authorized denomination for Securities of such series or Tranche or any integral multiple thereofTranche) of the principal amount of Securities of such series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tendered. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected to be redeemed in part, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 14 contracts
Samples: Indenture (Grand Court Lifestyles Inc), Indenture (PPL Electric Utilities Corp), Subordinated Indenture (Southwestern Electric Power Co)
Selection of Securities to be Redeemed. If less than all the Securities of any series, or any Tranche thereof, series are to be redeemedredeemed (unless such redemption affects only a single Security, in which case this Section 1103 shall not apply), the particular Securities to be redeemed shall be selected by not more than 60 days or less than 30 days prior to the Trustee Redemption Date, from the Outstanding Securities of such series or Tranche not previously called for redemption, either (i) in compliance with the requirement of the applicable clearing systems, if the Securities are held through any clearing systems, or (ii) by the Trustee on a pro rata basis, by lot or by such method as shall be provided for any particular series, or, in the absence of any such provision, by such other method as the Trustee shall deem deems fair and appropriate appropriate, if the Securities are not held through any clearing systems, and in either case which may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such series or Tranche or any integral multiple thereof) a portion of the principal amount of Securities any Security of such series or Tranche series, provided that the unredeemed portion of a the principal amount of any Security shall be in an authorized denomination larger (which shall not be less than the minimum authorized denomination for Securities of such series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company denomination) for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tenderedSecurity. The Trustee shall promptly notify the Company and the Security Registrar Issuer in writing of the Securities selected for redemption as aforesaid and, in the case of any Securities selected for partial redemption as aforesaid, the principal amounts thereof to be redeemed. The provisions of the two preceding paragraphs shall not apply with respect to any redemption affecting only a single Security, whether such Security is to be redeemed in whole or in part. In the case of any such redemption in part, the unredeemed portion of the principal amount thereof to of the Security shall be redeemedin an authorized denomination (which shall not be less than the minimum authorized denomination) for such Security. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount amounts of such Securities which has been or is to be redeemed.
Appears in 14 contracts
Samples: Indenture (Amcor Finance (USA), Inc.), Indenture (Amcor Finance (USA), Inc.), Indenture (Amcor PLC)
Selection of Securities to be Redeemed. If Unless otherwise specified as contemplated by Section 3.1, if less than all the Securities (including coupons, if any) of any series, or any Tranche thereof, a series with the same terms are to be redeemed, the particular Trustee, not more than 45 days prior to the redemption date, shall select the Securities of the series to be redeemed shall be selected by the Trustee from the Outstanding Securities of in such series or Tranche not previously called for redemption, by such method as shall be provided for any particular series, or, in the absence of any such provision, by such method manner as the Trustee shall deem fair and appropriate appropriate. The Trustee shall make the selection from Securities of the series that are Outstanding and which that have not previously been called for redemption and may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities Securities, including coupons, if any, of such that series or Tranche or any integral multiple thereof) of the principal amount of Securities Securities, including coupons, if any, of such series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tendered. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected by the Trustee for redemption and, in the case of any Securities selected to be redeemed in partfor partial redemption, the principal amount thereof to be redeemed. If the Securities (including coupons, if any) of a series having different issue dates, interest rates and maturities (whether or not originally issued in a Periodic Offering) are to be redeemed, the Company in its discretion may select the particular Securities or portions thereof to be redeemed and shall notify the Trustee thereof by such time prior to the relevant redemption date or dates as the Company and the Trustee may agree. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities (including coupons, if any) shall relate, in the case of any Securities (including coupons, if any) redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities (including coupons, if any) which has been or is to be redeemed.
Appears in 13 contracts
Samples: Indenture (Americas Carmart Inc), Indenture (Universal Logistics Holdings, Inc.), Indenture (Pam Transportation Services Inc)
Selection of Securities to be Redeemed. If less than all of the Securities of any series, or any Tranche thereof, series are to be redeemed (unless all of the Securities of such series of a specified tenor are to be redeemed), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee from the Outstanding outstanding Securities of such series or Tranche (and tenor) not previously called for redemption, either pro rata, by lot or by such method as shall be provided for any particular series, or, in the absence of any such provision, by such other method as the Trustee shall deem fair appropriate in accordance with industry standards at the time of such redemption and appropriate and which that may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such that series or Tranche or any integral multiple thereof) of the principal amount of Securities of such series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such that series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, of the Company shall have offered to purchase all or any principal amount of the Global Securities then Outstanding of any series, or any Tranche thereof, and less than all of such series; provided that, if at the time of redemption such Securities are registered as to which such offer was made shall have been tendered to the Company for such purchasea Global Security, the TrusteeDepositary shall determine, if so directed by Company Orderin accordance with its procedures, shall select for redemption all or any the principal amount of such Securities which have not been so tenderedheld by each beneficial owner of Securities to be redeemed. The Trustee shall promptly notify the Company Issuers and the Security Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected to be redeemed in partfor partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any of the Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities thereof which has been or is to be redeemed.
Appears in 12 contracts
Samples: Senior Indenture (Linn Energy, LLC), Indenture (EQT MIDSTREAM FINANCE Corp), Indenture (EQT MIDSTREAM FINANCE Corp)
Selection of Securities to be Redeemed. If less fewer than all the Securities of any series, or any Tranche thereof, are to be redeemed, the Trustee shall select the particular Securities to be redeemed shall be selected by the Trustee from the Outstanding Securities by a method that complies with the requirements of such series or Tranche not previously called for redemption, by such method as shall be provided for any particular seriesexchange on which the Securities are listed, or, if the Securities are not listed on an exchange, on a pro rata basis or by lot or in the absence of accordance with any such provision, by such other method as the Trustee shall deem considers fair and appropriate appropriate. Securities and which may provide for portions thereof that the selection for redemption of portions (Trustee selects shall be in amounts equal to the minimum authorized denomination denominations for Securities of such series or Tranche to be redeemed or any integral multiple thereof) . If any Security selected for partial redemption is converted in part before termination of the principal amount conversion right with respect to the portion of Securities the Security so selected, the converted portion of such series or Tranche of a denomination larger than Security shall be deemed to be the minimum authorized denomination portion selected for Securities of such series or Tranche; redemption (provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all Holder of such Securities Security so converted and deemed redeemed shall not be entitled to any additional interest payment as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount a result of such deemed redemption than such Holder would have otherwise been entitled to receive upon conversion of such Security). Securities which have not been so tenderedconverted during a selection of Securities to be redeemed may be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected to be redeemed in partfor partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 11 contracts
Samples: Indenture (Equinix Inc), Indenture (Nektar Therapeutics), Indenture (Cv Therapeutics Inc)
Selection of Securities to be Redeemed. If less than all the Securities of any series, or any Tranche thereof, series are to be redeemedredeemed (unless all the Securities of such series and of a specified tenor are to be redeemed or unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee Trustee, from the Outstanding Securities of such series or Tranche not previously called for redemption, by such method as shall be provided for any particular series, or, in the absence of any such provision, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such series or Tranche or any integral multiple thereof) a portion of the principal amount of any Security of such series, provided that the unredeemed portion of the principal amount of any Security shall be in an authorized denomination (which shall not be less than the minimum authorized denomination) for such Security. If less than all the Securities of such series or Tranche and of a denomination larger specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the minimum authorized denomination for Redemption Date by the Trustee, from the Outstanding Securities of such series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select specified tenor not previously called for redemption all or any principal amount of such Securities which have not been so tenderedin accordance with the preceding sentence. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected for partial redemption and, in the case of any Securities selected to be redeemed in part, and the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities Security which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.
Appears in 11 contracts
Samples: Junior Subordinated Indenture (American General Capital Iv), Junior Subordinated Indenture (J P Morgan Chase & Co), Junior Subordinated Indenture (Hl&p Capital Trust I)
Selection of Securities to be Redeemed. If less than all the Securities with Equivalent Principal Terms of any series, or any Tranche thereof, series are to be redeemed (unless all of the Securities of such series and of a specified tenor are to be redeemed), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee Trustee, from the Outstanding Securities of such series or Tranche not previously called for redemption, by such method as shall be provided for any particular series, or, in the absence of any such provision, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities (including coupons, if any) of such that series or Tranche with Equivalent Principal Terms or any integral multiple thereof) of the principal amount of Securities (including coupons, if any) of such series or Tranche with Equivalent Principal Terms of a denomination larger than the minimum authorized denomination for Securities of such that series. Unless otherwise provided in the terms of a particular series or Tranche; provided, however, that if, as indicated in an Officer's Certificateof Securities, the Company portions of the principal of Securities so selected for partial redemption shall have offered be equal to purchase all or any principal amount the minimum authorized denomination of the Securities then Outstanding of any such series, or any Tranche an integral multiple thereof, and the principal amount which remains outstanding shall not be less than all the minimum authorized denomination for Securities of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tenderedseries. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected to be redeemed in partfor partial redemption, the principal amount thereof to be redeemed. If the Securities (including coupons, if any) of a series having different issue dates, interest rates and maturities (whether or not originally issued in a Periodic Offering) are to be redeemed, the Company in its discretion may select the particular Securities or portions thereof to be redeemed and shall notify the Trustee thereof by such time prior to the relevant redemption date or dates as the Company and the Trustee may agree. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities (including coupons, if any) shall relate, in the case of any Securities (including coupons, if any) redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities (including coupons, if any) which has been or is to be redeemed.
Appears in 10 contracts
Samples: Indenture (WaferGen Bio-Systems, Inc.), Indenture (Methes Energies International LTD), Indenture (Tengion Inc)
Selection of Securities to be Redeemed. If less than all the Securities of any series, or any Tranche thereof, series are to be redeemed (unless all of the Securities of such series of a specified tenor are to be redeemed), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee from the Outstanding outstanding Securities of such series or Tranche (and tenor) not previously called for redemption, either pro rata, by lot or by such method as shall be provided for any particular series, or, in the absence of any such provision, by such other method as the Trustee shall deem fair and appropriate and which that may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such that series or Tranche or any integral multiple thereof) of the principal amount of Securities of such series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such that series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, of the Company shall have offered to purchase all or any principal amount of the Global Securities then Outstanding of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tenderedseries. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected to be redeemed in partfor partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any of the Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities thereof which has been or is to be redeemed.
Appears in 10 contracts
Samples: Senior Indenture (Cloverdale Park, Inc.), Subordinated Indenture (Cloverdale Park, Inc.), Indenture (American Standard Companies Inc)
Selection of Securities to be Redeemed. If less than all the Securities of any series, or any Tranche thereof, series are to be redeemed (unless all of the Securities of such series of a specified tenor are to be redeemed, ) the particular Securities to be redeemed shall be selected not more than 45 days prior to the Redemption Date by the Trustee Trustee, from the Outstanding Securities of such series or Tranche not previously called for redemption, by such method as shall be provided for any particular series, or, in the absence of any such provision, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such that series or Tranche or any integral multiple thereof) of the principal amount of Registered Securities of such series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such that series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, of the Company shall have offered to purchase all or any principal amount of the global Securities then Outstanding of any such series, or any Tranche thereof, and . If less than all of the Securities of such series and of a specified tenor are to be redeemed, the particular Securities as to which such offer was made be redeemed shall have been tendered be selected not more than 45 days prior to the Company for such purchase, Redemption Date by the Trustee, if so directed by Company Order, shall select from the Outstanding Securities of such series and specified tenor not previously called for redemption all or any principal amount of such Securities which have not been so tenderedin accordance with the preceding sentence. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected to be redeemed in partfor partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 10 contracts
Samples: Subordinated Indenture (Illinois Power Co), Indenture (Dynegy Holdings Inc), Indenture (NGC Corp)
Selection of Securities to be Redeemed. If less than all of the Securities of any series, or any Tranche thereof, series are to be redeemedredeemed at any time, the particular Securities to be redeemed Trustee shall be selected by select the Trustee from the Outstanding Securities of such series or Tranche to be redeemed among the Holders of the Securities of such series in compliance with the requirements of the principal national securities exchange, if any, on which the Securities of such series are listed or, if the Securities of such series are not previously called for redemptionso listed, to be redeemed among the Holders of Securities of such series on a pro rata basis, by such method as shall be provided for any particular series, or, in the absence of any such provision, lot or by such method as the Trustee shall deem deems fair and appropriate and which may provide for appropriate; provided that no Securities of $1,000 or less shall be redeemed in part. In the selection for event of partial redemption of portions (equal to by lot, the minimum authorized denomination for particular Securities of such series or Tranche or any integral multiple thereof) to be redeemed shall be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the redemption date by the Trustee from the outstanding Securities of the principal amount of Securities of such series or Tranche of a denomination larger than the minimum authorized denomination not previously called for Securities of such series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tenderedredemption. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected for redemption and, in the case of any Securities Security selected to be redeemed in partfor partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption Securities and portions of Securities selected shall relate, be in the case amounts of any Securities redeemed $1,000 or to be redeemed only in part, to the portion whole multiples of $1,000; except that if all of the principal amount Securities of such Securities which has been or is a series of a Holder are to be redeemed, the entire outstanding amount of Securities of such series held by such Holder, even if not a multiple of $1,000, shall be redeemed. A new Security of the same series in principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon cancellation of the original Security. Securities called for redemption shall become due on the redemption date. On and after the redemption date, interest will cease to accrue on the Securities or portions of them called for redemption. Except as provided in this Section 3.02, provisions of this Indenture that apply to Securities called for redemption shall also apply to portions of Securities called for redemption.
Appears in 9 contracts
Samples: Senior Subordinated Indenture (Kulicke & Soffa Industries Inc), Subordinated Indenture (Kulicke & Soffa Industries Inc), Subordinated Indenture (Pennsylvania Real Estate Investment Trust)
Selection of Securities to be Redeemed. (a) If less than the Company shall at any time elect to redeem all or any portion of the Securities of any seriesa series then Outstanding, it shall at least 15 calendar days (or any Tranche thereofsuch shorter period acceptable to the Trustee) prior to the date the notice of redemption is to be mailed, are notify the Trustee of such Redemption Date and of the principal amount of Securities to be redeemed, the particular Securities to be redeemed shall be selected by and thereupon the Trustee from the Outstanding Securities of such series or Tranche not previously called for redemptionshall select either pro rata, by lot or in such method as shall be provided for any particular series, or, in the absence of any such provision, by such method other manner as the Trustee shall deem fair and appropriate (subject to the procedures of the Depositary) and which may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such series or Tranche or any integral multiple thereof) a portion of the principal amount of Securities any Security of such series or Tranche series; provided that the unredeemed portion of a the principal amount of any Security shall be in an authorized denomination larger (which shall not be less than the minimum authorized denomination denomination) for Securities such Security. In any case where more than one Security of such series or Tranche; provided, however, that if, as indicated is registered in an Officer's Certificatethe same name, the Company shall have offered to purchase all or any Trustee may treat the aggregate principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all so registered as if it were represented by one Security of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tenderedseries. The Trustee shall promptly shall, as soon as practicable, notify the Company and the Security Registrar in writing of the Securities selected for redemption and, in the case and portions of any Securities selected to be redeemed in part, the principal amount thereof to be redeemed. so selected.
(b) For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which Security that has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.
Appears in 8 contracts
Samples: Indenture (Alphabet Inc.), Indenture (Higher One Holdings, Inc.), Indenture (Baidu, Inc.)
Selection of Securities to be Redeemed. If less than all the Securities of any series, or any Tranche thereof, are to be redeemed, the particular Securities to be redeemed shall be selected by the Trustee Security Registrar from the Outstanding Securities of such series or Tranche not previously called for redemption, by such method as shall be provided for any particular seriesseries or Tranche, or, in the absence of any such provision, by such method of random selection as the Trustee Security Registrar shall deem fair and appropriate and which may may, in any case, provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such series or Tranche or any integral multiple thereof) of the principal amount of Securities of such series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the TrusteeSecurity Registrar, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tendered. The Trustee Security Registrar shall promptly notify the Company and the Security Registrar Trustee in writing of the Securities selected for redemption and, in the case of any Securities selected to be redeemed in part, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 8 contracts
Samples: Indenture (Interstate Power & Light Co), Indenture (Ies Utilities Inc), Indenture (Louisiana Power & Light Co /La/)
Selection of Securities to be Redeemed. If Unless otherwise specified as contemplated by Section 3.01, if less than all the Securities (including coupons, if any) of any series, or any Tranche thereof, a series with the same terms are to be redeemed, the particular Trustee, not more than 45 days prior to the redemption date, shall select the Securities of the series to be redeemed shall be selected by the Trustee from the Outstanding Securities of in such series or Tranche not previously called for redemption, by such method as shall be provided for any particular series, or, in the absence of any such provision, by such method manner as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Security of such series, provided that the unredeemed portion of the principal amount of any Security shall be in an authorized denomination (which shall not be less than the minimum authorized denomination) for such Security. The Trustee shall make the selection from Securities of the series that are Outstanding and that have not previously been called for redemption and may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities Securities, including coupons, if any, of such that series or Tranche or any integral multiple thereof) of the principal amount of Securities Securities, including coupons, if any, of such series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tendered. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected by the Trustee for redemption and, in the case of any Securities selected to be redeemed in partfor partial redemption, the principal amount thereof to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption. If less than all the Securities of any series with differing issue dates, interest rates and stated maturities are to be redeemed, the Company in its sole discretion shall select the particular Securities to be redeemed and shall notify the Trustee in writing thereof at least 45 days prior to the relevant redemption date. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities (including coupons, if any) shall relate, in the case of any Securities (including coupons, if any) redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities (including coupons, if any) which has been or is to be redeemed.
Appears in 8 contracts
Samples: Senior Indenture (Amerus Group Co/Ia), Senior Indenture (AmerUs Capital V), Indenture (Amerus Life Holdings Inc)
Selection of Securities to be Redeemed. (a) If less than the Company shall at any time elect to redeem all or any portion of the Securities of any seriesa series then Outstanding, or any Tranche thereof, are it shall at least 30 days prior to the Redemption Date fixed by the Company (unless a shorter period shall be satisfactory to the Trustee) notify the Trustee of such Redemption Date and of the principal amount of Securities to be redeemed, the particular Securities to be redeemed shall be selected by and thereupon the Trustee from the Outstanding Securities of such series or Tranche not previously called for redemptionshall select, by lot or in such method as shall be provided for any particular series, or, in the absence of any such provision, by such method other manner as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such series or Tranche or any integral multiple thereof) a portion of the principal amount of Securities any Security of such series or Tranche series; provided that the unredeemed portion of a the principal amount of any Security shall be in an authorized denomination larger (which shall not be less than the minimum authorized denomination denomination) for Securities such Security. In any case where more than one Security of such series or Tranche; provided, however, that if, as indicated is registered in an Officer's Certificatethe same name, the Company shall have offered to purchase all or any Trustee may treat the aggregate principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all so registered as if it were represented by one Security of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tenderedseries. The Trustee shall promptly shall, as soon as practicable, notify the Company and the Security Registrar in writing of the Securities selected for redemption and, in the case and portions of any Securities selected to be redeemed in part, the principal amount thereof to be redeemed. so selected.
(b) For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which Security that has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.
Appears in 8 contracts
Samples: Indenture (FREYR Battery, Inc. /DE/), Indenture (SmileDirectClub, Inc.), Indenture (Western Asset Mortgage Capital Corp)
Selection of Securities to be Redeemed. If less than all the Securities of any series, or any Tranche thereof, series are to be redeemed (unless all of the Securities of such series of a specified tenor are to be redeemed), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee from the Outstanding outstanding Securities of such series or Tranche (and tenor) not previously called for redemption, either pro rata, by lot or by such method as shall be provided for any particular series, or, in the absence of any such provision, by such other method as the Trustee shall deem fair appropriate in accordance with industry standards at the time of such redemption and appropriate and which that may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such that series or Tranche or any integral multiple thereof) of the principal amount of Securities of such series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such that series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, of the Company shall have offered to purchase all or any principal amount of the Global Securities then Outstanding of any series, or any Tranche thereof, and less than all of such series; provided that, if at the time of redemption such Securities are registered as to which such offer was made shall have been tendered to the Company for such purchasea Global Security, the TrusteeDepositary shall determine, if so directed by Company Orderin accordance with its procedures, shall select for redemption all or any the principal amount of such Securities which have not been so tenderedheld by each beneficial owner of Securities to be redeemed. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected to be redeemed in partfor partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any of the Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities thereof which has been or is to be redeemed.
Appears in 7 contracts
Samples: Indenture (Civeo Corp), Indenture (Civeo Corp), Indenture (PostRock Energy Corp)
Selection of Securities to be Redeemed. If less than all of the Securities of any series, or any Tranche thereof, series are to be redeemedredeemed (unless all the Securities of such series and of a specified tenor are to be redeemed or unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected by not more than 60 days prior to the Trustee Redemption Date, from the Outstanding Securities of such series or Tranche not previously called for redemption, by such method as shall be provided for any particular series, or, in the absence of any such provision, by such method as the Trustee shall deem fair and appropriate and accordance with applicable depositary procedures which may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such series or Tranche or any integral multiple thereof) a portion of the principal amount of any Security of such series, provided that the unredeemed portion of the principal amount of any Security shall be in an authorized denomination (which shall not be less than the minimum authorized denomination) for such Security. If less than all the Securities of such series or Tranche and of a denomination larger specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the minimum authorized denomination for Redemption Date, from the Outstanding Securities of such series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select specified tenor not previously called for redemption all or any principal amount of such Securities which have not been so tenderedin accordance with the preceding sentence. The Trustee shall promptly notify the Company and the Security Registrar Issuer in writing of the Securities selected for redemption as aforesaid and, in the case of any Securities selected to be redeemed in partfor partial redemption as aforesaid, the principal amount thereof to be redeemed. The provisions of the two preceding paragraphs shall not apply with respect to any redemption affecting only a single Security, whether such Security is to be redeemed in whole or in part. In the case of any such redemption in part, the unredeemed portion of the principal amount of the Security shall be in an authorized denomination (which shall not be less than the minimum authorized denomination) for such Security. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 7 contracts
Samples: Indenture (Welltower OP Inc.), Supplemental Indenture (Welltower Inc.), Indenture (Welltower OP Inc.)
Selection of Securities to be Redeemed. If Unless otherwise indicated for a particular Series by a Board Resolution, a supplemental indenture or an Officers’ Certificate, if less than all the Securities of any series, or any Tranche thereof, Series issued on the same day with the same terms are to be redeemed, the particular Securities to be redeemed shall be selected not more than 45 days prior to the redemption date by the Trustee Trustee, from the Outstanding Securities of such series or Tranche Series issued on such date with the same terms not previously called for redemption, by such method as shall be provided for any particular series, or, in the absence of any such provision, by such method as the Trustee shall deem fair and appropriate appropriate, and, in the case of global Securities, in accordance with the procedures of the depositary; provided that such method complies with the rules of any national securities exchange or quotation system on which the Securities are listed, and which may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such series or Tranche that Series or any integral multiple thereof) of the principal amount of Securities of such series or Tranche Series of a denomination larger than the minimum authorized denomination for Securities of such series or Tranchethat Series; provided, however, that if, as indicated in an Officer's Certificate, no such partial redemption shall reduce the Company shall have offered to purchase all or any portion of the principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and a Security not redeemed to less than all the minimum authorized denomination for Securities of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tenderedSeries. The Trustee shall promptly notify the Company and the Security Registrar (if other than itself) in writing of the Securities selected for redemption and, in the case of any Securities selected to be redeemed in partfor partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities Security which has been or is to be redeemed. Notwithstanding the foregoing, if any Security to be redeemed is a Global Security then any partial redemption of that Series of Securities will be made in accordance with the Depository’s applicable procedures among all Holders of such Series of Securities.
Appears in 7 contracts
Samples: Indenture (First Guaranty Bancshares, Inc.), Subordinated Debt Securities Indenture (First Guaranty Bancshares, Inc.), Indenture (Esquire Financial Holdings, Inc.)
Selection of Securities to be Redeemed. If less than all the Securities of any series, or any Tranche thereof, series are to be redeemedredeemed (unless all the Securities of such series and of a specified tenor are to be redeemed or unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee Trustee, from the Outstanding Securities of such series or Tranche not previously called for redemption, by lot or such method as shall be provided for any particular series, or, in the absence of any such provision, by such other method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such series or Tranche or any integral multiple thereof) a portion of the principal amount of any Security of such series, provided that the unredeemed portion of the principal amount of any Security shall be in an authorized denomination (which shall not be less than the minimum authorized denomination) for such Security. If less than all the Securities of such series or Tranche and of a denomination larger specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the minimum authorized denomination for Redemption Date by the Trustee, from the Outstanding Securities of such series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select specified tenor not previously called for redemption all or any principal amount of such Securities which have not been so tenderedin accordance with the preceding sentence. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected for partial redemption and, in the case of any Securities selected to be redeemed in part, and the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities Security which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.
Appears in 7 contracts
Samples: Senior Indenture (First American Financial Corp), Senior Indenture (First American Financial Corp), Indenture (First Security Capital V)
Selection of Securities to be Redeemed. If less than all the Securities with Equivalent Principal Terms of any series, or any Tranche thereof, series are to be redeemed (unless all of the Securities of such series and of a specified tenor are to be redeemed), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee Trustee, from the Outstanding Securities of such series or Tranche not previously called for redemption, by such method as shall be provided for any particular series, or, in the absence of any such provision, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such that series or Tranche with Equivalent Principal Terms or any integral multiple thereof) of the principal amount of Securities of such series or Tranche with Equivalent Principal Terms of a denomination larger than the minimum authorized denomination for Securities of such that series. Unless otherwise provided in the terms of a particular series or Tranche; provided, however, that if, as indicated in an Officer's Certificateof Securities, the Company portions of the principal of Securities so selected for partial redemption shall have offered be equal to purchase all or any principal amount the minimum authorized denomination of the Securities then Outstanding of any such series, or any Tranche an integral multiple thereof, and the principal amount which remains outstanding shall not be less than all the minimum authorized denomination for Securities of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tenderedseries. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected to be redeemed in partfor partial redemption, the principal amount thereof to be redeemed. If the Securities of a series having different issue dates, interest rates and maturities (whether or not originally issued in a Periodic Offering) are to be redeemed, the Company in its discretion may select the particular Securities or portions thereof to be redeemed and shall notify the Trustee thereof by such time prior to the relevant redemption date or dates as the Company and the Trustee may agree. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 6 contracts
Samples: Indenture (Know Labs, Inc.), Indenture (Exact Sciences Corp), Indenture (Akoustis Technologies, Inc.)
Selection of Securities to be Redeemed. If less than all of the Securities of any series, or any Tranche thereof, series are to be redeemed (unless all of the Securities of such series of a specified tenor are to be redeemed), the particular Securities to be redeemed shall be selected by not more than 60 days prior to the Trustee Redemption Date from the Outstanding outstanding Securities of such series or Tranche (and tenor) not previously called for redemption, either pro rata, by lot or by such method as shall be provided for any particular series, or, in the absence of any such provision, by such other method as the Trustee shall deem fair appropriate in accordance with industry standards at the time of such redemption and appropriate and which that may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such that series or Tranche or any integral multiple thereof) of the principal amount of Securities of such series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such that series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, of the Company shall have offered to purchase all or any principal amount of the Global Securities then Outstanding of any series, or any Tranche thereof, and less than all of such series; provided that, if at the time of redemption such Securities are registered as to which such offer was made shall have been tendered to the Company for such purchasea Global Security, the TrusteeDepositary shall determine, if so directed by Company Orderin accordance with its procedures, shall select for redemption all or any the principal amount of such Securities which have not been so tenderedheld by each beneficial owner of Securities to be redeemed. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected to be redeemed in partfor partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any of the Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities thereof which has been or is to be redeemed.
Appears in 6 contracts
Samples: Subordinated Indenture (Pardril Inc), Senior Indenture (Pardril Inc), Senior Indenture (AMI 2, Inc.)
Selection of Securities to be Redeemed. (a) If less than the Issuer shall at any time elect to redeem all or any portion of the Securities of any seriesa series then Outstanding, it shall at least 15 calendar days (or any Tranche thereofsuch shorter period acceptable to the Trustee) prior to the date the notice of redemption is to be mailed, are notify the Trustee of such Redemption Date and of the principal amount of Securities to be redeemed, the particular Securities to be redeemed shall be selected by the Trustee from the Outstanding Securities of such series or Tranche not previously called for redemption, by such method as shall be provided for any particular series, or, in the absence of any such provision, by such method as and thereupon the Trustee shall deem fair and appropriate select pro rata or in such other manner as required by the Depositary and which may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such series or Tranche or any integral multiple thereof) a portion of the principal amount of Securities any Security of such series or Tranche series; provided that the unredeemed portion of a the principal amount of any Security shall be in an authorized denomination larger (which shall not be less than the minimum authorized denomination denomination) for Securities such Security. In any case where more than one Security of such series or Tranche; provided, however, that if, as indicated is registered in an Officer's Certificatethe same name, the Company shall have offered to purchase all or any Trustee may treat the aggregate principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all so registered as if it were represented by one Security of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tenderedseries. The Trustee shall promptly shall, as soon as practicable, notify the Company and the Security Registrar Issuer in writing of the Securities selected for redemption and, in the case and portions of any Securities selected to be redeemed in part, the principal amount thereof to be redeemed. so selected.
(b) For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which Security that has been or is to be redeemed. If the Issuer shall so direct, Securities registered in the name of the Issuer, the Guarantor, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.
Appears in 6 contracts
Samples: Indenture (CNOOC Finance (2013) Ltd.), Indenture (CNOOC Finance (2015) U.S.A. LLC), Indenture (CNOOC Finance (2015) U.S.A. LLC)
Selection of Securities to be Redeemed. If Unless otherwise specified as contemplated by Section 3.1, if less than all the Securities of any seriesa series with the same original issue date, or any Tranche thereof, interest rate and Stated Maturity are to be redeemed, the particular Trustee, not more than 45 days prior to the redemption date, shall select the Securities of the series to be redeemed shall be selected by the Trustee from the Outstanding Securities of in such series or Tranche not previously called for redemption, by such method as shall be provided for any particular series, or, in the absence of any such provision, by such method manner as the Trustee shall deem fair and appropriate appropriate. The Trustee shall make the selection from Securities of the series that are Outstanding and which that have not previously been called for redemption and may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such that series or Tranche or any integral multiple thereof) of the principal amount of Securities of such series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tendered. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected by the Trustee for redemption and, in the case of any Securities selected to be redeemed in partfor partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 5 contracts
Samples: Indenture (Icos Corp / De), Indenture (At&t Wireless Services Inc), Indenture (Esterline Technologies Corp)
Selection of Securities to be Redeemed. (a) If the Company shall at any time elect to redeem all or any portion of the Securities of a series then Outstanding, it shall at least 15 calendar days (or such shorter period acceptable to the Trustee) prior to the date the notice of redemption is to be delivered to the Holders, notify the Trustee of such Redemption Date and of the principal amount of Securities to be redeemed. If less than all of the Securities of any series, or any Tranche thereof, a series are to be redeemed, the particular Securities to be redeemed shall for redemption will be selected by as follows: (i) if the Trustee from Securities are listed on a securities exchange then in compliance with the Outstanding Securities rules of such series securities exchange and if the Securities are held through the clearing systems then in compliance with the rules and procedures of the clearing systems, or Tranche (ii) if the Securities are not previously called for redemptionlisted on a securities exchange or held through the clearing systems, then by lot or such method as shall be provided for any particular series, or, in the absence of any such provision, by such other method as the Trustee shall deem to be fair and appropriate in its sole and which may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such series absolute discretion or Tranche or any integral multiple thereof) of the principal amount of Securities of such series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed otherwise required by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tendered. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected for redemption andapplicable law, in the case of any Securities selected to be redeemed Global Note in part, accordance with the then applicable procedures of the Depositary; provided that the unredeemed portion of the principal amount thereof to of any Security shall be redeemedin an authorized denomination (which shall not be less than the minimum authorized denomination) for such Security. In any case where more than one Security of such series is registered in the same name, the Trustee may treat the aggregate principal amount so registered as if it were represented by one Security of such series. The Trustee shall, as soon as practicable, notify the Company in writing of the Securities and portions of Securities so selected.
(b) For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which Security that has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.
Appears in 5 contracts
Samples: Indenture (MicroAlgo Inc.), Indenture (WiMi Hologram Cloud Inc.), Indenture (MicroCloud Hologram Inc.)
Selection of Securities to be Redeemed. If Unless otherwise specified as contemplated by Section 3.1, if less than all the Securities (including coupons, if any) of any series, or any Tranche thereof, a series with the same terms are to be redeemed, the particular Trustee, not more than 45 days prior to the Redemption Date, shall select the Securities of the series to be redeemed shall be selected by the Trustee from the Outstanding Securities of such series or Tranche not previously called for redemption, by such method as shall be provided for any particular series, or, in the absence of any such provision, by such method as the Trustee shall deem fair and appropriate appropriate; provided, that with respect to Securities issued in global form, beneficial interests therein shall be selected for redemption by the Depositary therefor in accordance with its standard procedures. The Trustee shall make the selection from Securities of the series that are Outstanding and which that have not previously been called for redemption and may provide for the selection for redemption of portions (equal to the minimum any authorized denomination for Securities of such series or Tranche or any integral multiple thereofthat series) of the principal amount of Securities of such series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of series. If the Securities then Outstanding of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to are not in global form the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tendered. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected by the Trustee for redemption and, in the case of any Securities selected to be redeemed in partfor partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities (including coupons, if any) shall relate, in the case of any Securities (including coupons, if any) redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities (including coupons, if any) which has been or is to be redeemed.
Appears in 5 contracts
Samples: Indenture (Cadiz Inc), Subordinated Indenture (Cadiz Inc), Indenture (Cadiz Inc)
Selection of Securities to be Redeemed. (a) If less than the Company shall at any time elect to redeem all or any portion of the Securities of any seriesa series then Outstanding, it shall at least 15 calendar days (or any Tranche thereofsuch shorter period acceptable to the Trustee) prior to the date the notice of redemption is to be mailed, are notify the Trustee of such Redemption Date and of the principal amount of Securities to be redeemed, the particular Securities to be redeemed shall be selected by and thereupon the Trustee from the Outstanding Securities of such series or Tranche not previously called for redemptionshall select either pro rata, by lot or in such method as shall be provided for any particular series, or, in the absence of any such provision, by such method other manner as the Trustee shall deem fair and appropriate (subject to the procedures of the Depositary) and which may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such series or Tranche or any integral multiple thereof) a portion of the principal amount of Securities any Security of such series or Tranche series; provided that the unredeemed portion of a the principal amount of any Security shall be in an authorized denomination larger (which shall not be less than the minimum authorized denomination denomination) for Securities such Security. In any case where more than one Security of such series or Tranche; provided, however, that if, as indicated is registered in an Officer's Certificatethe same name, the Company shall have offered to purchase all or any Trustee may treat the aggregate principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all so registered as if it were represented by one Security of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tendered. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected to be redeemed in part, the principal amount thereof to be redeemed. series.
(b) For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which Security that has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.
Appears in 5 contracts
Samples: Indenture (Concentrix Corp), Indenture (Concentrix Corp), Indenture (Synnex Corp)
Selection of Securities to be Redeemed. If less than all the Securities of any series, or any Tranche thereof, series are to be redeemedredeemed (unless all of the Securities of such series and of a specified tenor are to be redeemed or such series is comprised of a single Security), the particular Securities to be redeemed shall be selected by the Trustee from the Outstanding Securities of such series or Tranche not previously called for redemption, by such method as shall be provided for any particular series, orredemption (i) in the case of Global Securities, in accordance with applicable procedures of the absence Depositary or (b) if there are no such requirements of the Depositary, on a pro rata basis and in compliance with any such provision, applicable securities exchange rules or (ii) by such method as the Trustee shall deem fair and appropriate lot and which may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such that series or Tranche or any integral multiple thereofof such denomination) of the principal amount of Securities of such series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and . If less than all of such the Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tendered. The Trustee shall promptly notify the Company series and the Security Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected a specified tenor are to be redeemed in part(unless such series is comprised of a single Security), the principal amount thereof particular Securities to be redeemedredeemed shall be selected from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 5 contracts
Samples: Indenture (Imperial Petroleum Inc./Marshall Islands), Indenture (Tsakos Energy Navigation LTD), Indenture (Tsakos Energy Navigation LTD)
Selection of Securities to be Redeemed. If Unless otherwise specified as contemplated by Section 3.1, if less than all the Securities (including interest coupons, if any) of any series, or any Tranche thereof, a series with the same terms are to be redeemed, the particular Trustee, not more than 45 days prior to the Redemption Date, shall select the Securities of the series to be redeemed shall be selected by the Trustee from the Outstanding Securities of in such series or Tranche not previously called for redemption, by such method as shall be provided for any particular series, or, in the absence of any such provision, by such method manner as the Trustee shall deem fair and appropriate appropriate. The Trustee shall make the selection from Securities of the series that are Outstanding and which that have not previously been called for redemption and may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities Securities, including interest coupons, if any, of such that series or Tranche or any integral multiple thereof) of the principal amount of Securities Securities, including interest coupons, if any, of such series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tendered. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected by the Trustee for redemption and, in the case of any Securities selected to be redeemed in partfor partial redemption, the principal amount thereof to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities (including interest coupons, if any) shall relate, in the case of any Securities (including interest coupons, if any) redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities (including interest coupons, if any) which has been or is to be redeemed.
Appears in 5 contracts
Samples: Senior Subordinated Indenture (Allied Waste Industries Inc), Subordinated Indenture (Eastern Environmental Services Inc), Subordinated Indenture (Eastern Environmental Services Inc)
Selection of Securities to be Redeemed. If less than all the Securities of any series, or any Tranche thereof, are to be redeemed, the particular Securities to be redeemed shall be selected by the Trustee from the Outstanding Securities of such series or Tranche not previously called for redemption, by such method as shall be provided for any such particular seriesseries or Tranche, or, or in the absence of any such provision, by such method of random selection as the Trustee shall deem fair and appropriate and which may may, in any case, provide for the selection for redemption of portions (equal to the minimum any authorized denomination for Securities of such series or Tranche or any integral multiple thereofTranche) of the principal amount of Securities of such series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tendered. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected to be redeemed in part, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 5 contracts
Samples: Indenture, Deed of Trust and Security Agreement (Entergy Texas, Inc.), Indenture (Mdu Resources Group Inc), Indenture (Mdu Resources Group Inc)
Selection of Securities to be Redeemed. If less than all the Securities of any series, or any Tranche thereof, series are to be redeemedredeemed (unless all the Securities of such series and of a specified tenor are to be redeemed or unless such redemption affects only a single Security all as designated to the Trustee by the Company), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee Trustee, from the Outstanding Securities of such series or Tranche not previously called for redemption, by such method as shall be provided for any particular series, or, in the absence of any such provision, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such series or Tranche or any integral multiple thereof) a portion of the principal amount of any Security shall be in an authorized denomination (which shall not be less than the minimum authorized denomination) for such Security. If less than all the Securities of such series or Tranche and of a denomination larger specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the minimum authorized denomination for Redemption Date by the Trustee, from the Outstanding Securities of such series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select specified tenor not previously called for redemption all or any principal amount of such Securities which have not been so tenderedin accordance with the preceding sentence. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected for partial redemption and, in the case of any Securities selected to be redeemed in part, and the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities Security which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.
Appears in 4 contracts
Samples: Junior Subordinated Indenture (Bancorp Hawaii Capital Trust I), Junior Subordinated Indenture (Usb Holding Co Inc), Junior Subordinated Indenture (Usb Holding Co Inc)
Selection of Securities to be Redeemed. If Unless otherwise indicated for a particular Series of Securities by a Board Resolution, supplemental indenture or Officer’s Certificate pursuant to Section 2.02, if less than all of the Securities of any series, or any Tranche thereof, a Series are to be redeemedredeemed or purchased in an offer to purchase at any time, the particular Trustee shall select the Securities of such Series to be redeemed shall be selected by or purchased (1) in compliance with applicable Depositary procedure or the Trustee from requirements of the Outstanding principal national securities exchange, if any, on which the Securities of such series or Tranche not previously called for redemptionSeries are then listed, and (2) otherwise on a pro rata basis, by such method as shall be provided for any particular series, or, in the absence of any such provision, lot or by such other method as the Trustee shall deem fair and appropriate and which may provide appropriate. Unless otherwise indicated for a particular Series of Securities by a Board Resolution, supplemental indenture or Officer’s Certificate pursuant to Section 2.02, no Securities of $2,000 of principal amount or less will be redeemed in part. Except as provided in the selection preceding sentence, provisions of this Indenture that apply to Securities called for redemption of also apply to portions (equal to the minimum authorized denomination for Securities of such series or Tranche or any integral multiple thereof) of the principal amount of Securities of such series or Tranche of a denomination larger than the minimum authorized denomination called for Securities of such series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tenderedredemption. The Trustee shall promptly notify make the Company and the selection from outstanding Securities of a Series not previously called for redemption. The Trustee shall not be liable for selections made by it under this Section. If any Security Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected is to be redeemed in partpart only, the principal amount thereof notice of redemption that relates to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities such Security shall relate, in the case of any Securities redeemed or to be redeemed only in part, to state the portion of the principal amount of such Securities which has been or is that Security to be redeemed. With respect to any Security other than Global Securities, a new Security in principal amount equal to the unredeemed portion of the original Security presented for redemption will be issued in the name of the Holder thereof upon cancellation of the original Security. Notices of redemption may be subject to the satisfaction of one or more conditions precedent to the extent so indicated for a particular Series of Securities by a Board Resolution, supplemental indenture or Officer’s Certificate pursuant to Section 2.02; otherwise, a notice of redemption may not be conditional. Subject to the satisfaction of any conditions precedent to such redemption (to the extent so indicated for a particular Series of Securities by a Board Resolution, supplemental indenture or Officer’s Certificate pursuant to Section 2.02), Securities called for redemption become irrevocably due on the date fixed for redemption at the applicable Redemption Price, plus accrued and unpaid interest to, but not including, the Redemption Date. On and after the Redemption Date, unless the Issuer defaults in paying the applicable Redemption Price, interest ceases to accrue or accrete on Securities or portions of them called for redemption. If a redemption is subject to the satisfaction of one or more conditions precedent (to the extent so indicated for a particular Series of Securities by a Board Resolution, supplemental indenture or Officer’s Certificate pursuant to Section 2.02), the Redemption Date may be delayed by the Issuer until such time as any or all such conditions shall be satisfied (or waived by the Issuer in its sole discretion), or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied (or waived by the Issuer in its sole discretion) by the Redemption Date, or by the Redemption Date so delayed. In such case, references herein to “Redemption Date” mean the original Redemption Date or the Redemption Date so delayed.
Appears in 4 contracts
Samples: Indenture (Healthpeak OP, LLC), Indenture (Physicians Realty L.P.), Indenture (Physicians Realty L.P.)
Selection of Securities to be Redeemed. (a) If less than the Company shall at any time elect to redeem all or any portion of the Securities of any seriesa series then Outstanding, or any Tranche thereof, are it shall at least 45 days prior to the Redemption Date fixed by the Company (unless a shorter period shall be satisfactory to the Trustee) notify the Trustee of such Redemption Date and of the principal amount of Securities to be redeemed, and thereupon, in the particular Securities to be redeemed case of definitive Securities, the Notes shall be selected by the Trustee from the Outstanding Securities of such series or Tranche not previously called for redemption, by such method as shall be provided for any particular series, orlot and, in the absence case of any such provisionGlobal Securities, by such method as in accordance with the Trustee shall deem fair and appropriate procedures of the Depositary, and which may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such series or Tranche or any integral multiple thereof) a portion of the principal amount of Securities any Security of such series or Tranche series; provided that the unredeemed portion of a the principal amount of any Security shall be in an authorized denomination larger (which shall not be less than the minimum authorized denomination denomination) for Securities such Security. In any case where more than one Security of such series or Tranche; provided, however, that if, as indicated is registered in an Officer's Certificatethe same name, the Company shall have offered to purchase all or any Trustee may treat the aggregate principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all so registered as if it were represented by one Security of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tenderedseries. The Trustee shall promptly shall, as soon as practicable, notify the Company and the Security Registrar in writing of the Securities selected for redemption and, in the case and portions of any Securities selected to be redeemed in part, the principal amount thereof to be redeemed. so selected.
(b) For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which Security that has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.
Appears in 4 contracts
Samples: Indenture (Coors Brewing Co), Indenture (Molson Coors Beverage Co), Indenture (Coors International Holdco 2, ULC)
Selection of Securities to be Redeemed. If Unless otherwise specified as contemplated by Section 3.1, if less than all the Securities (including coupons, if any) of any series, or any Tranche thereof, a series with the same terms are to be redeemed, the particular Trustee, not more than 45 days prior to the Redemption Date, shall select the Securities of the series to be redeemed shall be selected by the Trustee from the Outstanding Securities of such series or Tranche not previously called for redemption, by such method as shall be provided for any particular series, or, in the absence of any such provision, by such method as the Trustee shall deem fair and appropriate appropriate; provided, that with respect to Securities issued in global form, beneficial interests therein shall be selected for redemption by the Depositary therefor in accordance with its standard procedures. The Trustee shall make the selection from Securities of the series that are Outstanding and which that have not previously been called for redemption and may provide for the selection for redemption of portions (equal to the minimum any authorized denomination for Securities of such series or Tranche or any integral multiple thereofthat series) of the principal amount of Securities of such series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tendered. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected by the Trustee for redemption and, in the case of any Securities selected to be redeemed in partfor partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities (including coupons, if any) shall relate, in the case of any Securities (including coupons, if any) redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities (including coupons, if any) which has been or is to be redeemed.
Appears in 4 contracts
Samples: Indenture (Fidelity National Information Services, Inc.), Indenture (Fidelity National Information Services, Inc.), Subordinated Indenture (Capital Markets Co)
Selection of Securities to be Redeemed. If less than all the Securities of any series, or any Tranche thereof, are to be redeemed, the particular Securities to be redeemed shall be selected by the Trustee from the Outstanding Securities of such series or Tranche not previously called for redemption, by such method as shall be provided for any particular seriesseries or Tranche, or, in the absence of any such provision, by such method as the Trustee shall deem fair and appropriate and which may may, in any case, provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such series or Tranche or any integral multiple thereof) of the principal amount of Securities of such series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tendered. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected to be redeemed in part, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 4 contracts
Samples: Indenture (Nice Systems LTD), Indenture (Nice Systems LTD), Indenture (FPL Group Trust II)
Selection of Securities to be Redeemed. If less than all the Securities of any series, or any Tranche thereof, series are to be redeemed (unless all of the Securities of such series of a specified tenor are to be redeemed), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee from the Outstanding outstanding Securities of such series or Tranche (and tenor) not previously called for redemption, either pro rata, by lot or by such other method as shall be provided for any particular series, or, in it and the absence of any such provision, by such method as the Trustee Company shall deem fair and appropriate and which that may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such that series or Tranche or any integral multiple thereof) of the principal amount of Securities of such series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such that series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, of the Company shall have offered to purchase all or any principal amount of the Global Securities then Outstanding of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tenderedseries. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected to be redeemed in partfor partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any of the Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities thereof which has been or is to be redeemed.
Appears in 4 contracts
Samples: Indenture (Shell International Finance B.V.), Indenture (Shell International Finance B.V.), Indenture (Shell International Finance B.V.)
Selection of Securities to be Redeemed. If less than all of the Securities of any series, or any Tranche thereof, series are to be redeemed (unless all of the Securities of such series of a specified tenor are to be redeemed), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee from the Outstanding outstanding Securities of such series or Tranche (and tenor) not previously called for redemption, either pro rata, by lot or by such method as shall be provided for any particular series, or, in the absence of any such provision, by such other method as the Trustee shall deem fair appropriate in accordance with industry standards at the time of such redemption and appropriate and which that may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such that series or Tranche or any integral multiple thereof) of the principal amount of Securities of such series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such that series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, of the Company shall have offered to purchase all or any principal amount of the Global Securities then Outstanding of any series, or any Tranche thereof, and less than all of such series; provided that, if at the time of redemption such Securities are registered as to which such offer was made shall have been tendered to the Company for such purchasea Global Security, the TrusteeDepositary shall determine, if so directed by Company Orderin accordance with its procedures, shall select for redemption all or any the principal amount of such Securities which have not been so tenderedheld by each beneficial owner of Securities to be redeemed. The Trustee shall promptly notify the Company Partnership and the Security Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected to be redeemed in partfor partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any of the Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities thereof which has been or is to be redeemed.
Appears in 4 contracts
Samples: Indenture (K-Sea Transportation Inc.), Indenture Agreement (K-Sea Transportation Inc.), Indenture (K-Sea Transportation Inc.)
Selection of Securities to be Redeemed. If less than all the Securities of any series, or any Tranche thereof, are to be redeemed, the particular Securities to be redeemed shall be selected by the Trustee Security Registrar from the Outstanding Securities of such series or Tranche not previously called for redemption, by such method as shall be provided for any particular seriesseries or Tranche, or, in the absence of any such provision, by such method of random selection as the Trustee Security Registrar shall deem fair and appropriate and which may may, in any case, provide for the selection for redemption of portions (equal to the minimum in any authorized denomination for Securities of such series or Tranche or any integral multiple thereofTranche) of the principal amount of Securities of such series or Tranche of having a denomination larger than the minimum authorized denomination for Securities of such series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the TrusteeSecurity Registrar, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tendered. The Trustee Security Registrar shall promptly notify the Company and the Security Registrar Trustee in writing of the Securities selected for redemption and, in the case of any Securities selected to be redeemed in part, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 4 contracts
Samples: Indenture (Avista Corp), Indenture (Washington Water Power Co), Indenture (Tucson Electric Power Co)
Selection of Securities to be Redeemed. If less than all the Securities of any series, or any Tranche thereof, series are to be redeemed, the particular Securities to be redeemed shall be selected by the Trustee Security Registrar from the Outstanding Securities of such series or Tranche not previously called for redemption, by such method as shall be provided for any particular series, or, in the absence of any such provision, by such method as the Trustee Security Registrar shall deem fair and appropriate and which may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such series or Tranche or any integral multiple thereof) of the principal amount of Securities of such series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such series or Trancheseries; provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the TrusteeSecurity Registrar, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tendered. The Trustee Security Registrar shall promptly notify the Company and the Security Registrar Trustee in writing of the Securities selected for redemption and, in the case of any Securities selected to be redeemed in part, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 4 contracts
Samples: Trust Indenture (Duquesne Light Co), Indenture (Tu Electric Capital Ii), Indenture for Unsecured Subordinated Debt Securities (Tu Electric Capital I)
Selection of Securities to be Redeemed. If less than all the Securities of any series, or any Tranche thereof, series are to be redeemed, the particular Securities of that series to be redeemed shall be selected on a pro rata basis not more than 60 days prior to the Redemption Date by the Trustee U.S. Depositary or the Trustee, as applicable, for the Securities of such series, from the Outstanding Securities of such series or Tranche not previously called for redemption, by such method as . Securities shall be provided excluded from eligibility for any particular series, or, in the absence of any such provision, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption if they are identified by registration and certificate number in a written statement signed by an authorized officer of portions (equal the Issuer and delivered to the minimum authorized denomination Trustee for the Securities of such series at least 60 days prior to the Redemption Date as being owned of record and beneficially by, and not pledged or Tranche hypothecated by either (a) the Issuer or any integral multiple thereofthe Guarantors or (b) an entity specifically identified in such written statement that is an Affiliate of the principal amount of Issuer or the Guarantors. The Trustee for the Securities of such series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tendered. The Trustee shall promptly notify the Company Issuer and the Security Registrar Guarantors in writing of the Securities selected for redemption and, in the case of any Securities selected to be redeemed in partfor partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 4 contracts
Samples: Indenture (Ingersoll-Rand PLC), Indenture (Ingersoll Rand Co LTD), Indenture (Ingersoll-Rand PLC)
Selection of Securities to be Redeemed. If less than all the Securities of any series, or any Tranche thereof, are to be redeemed, the particular Securities to be redeemed shall will be selected not more than 60 days prior to the redemption date by the Trustee in compliance with any applicable rules of the principal U.S. securities exchange, if any, on which the Securities are listed or, if the Securities are not listed on a U.S. securities exchange or if there are no applicable rules, on a pro rata basis, by lot or by such other method as such Trustee will deem appropriate; provided that the unredeemed portion of the principal amount of any Security shall be in an authorized denomination (which shall not be less than the minimum authorized denomination) for such Security. The Trustee shall make the selection from the Securities that are Outstanding Securities of such series or Tranche that have not previously been called for redemption, by such method as shall be provided for any particular series, or, in the absence of any such provision, by such method as the Trustee shall deem fair redemption and appropriate and which may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such series or Tranche the Securities, or any integral multiple of $1,000 in excess thereof) of the principal amount of the Securities of such series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tenderedSecurities. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected to be redeemed in partfor partial redemption, the principal amount thereof to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate of the Company or any Subsidiary of the Company thereof shall not be included in the Securities selected for redemption. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 4 contracts
Samples: Indenture (Navistar International Corp), Indenture (Navistar International Corp), Indenture (Navistar, Inc.)
Selection of Securities to be Redeemed. (a) If less than the Company shall at any time elect to redeem all or any portion of the Securities of any seriesa series then Outstanding, or any Tranche thereof, are it shall at least 45 days prior to be redeemed, the particular Securities to be redeemed Redemption Date fixed by the Company (unless a shorter period shall be selected by satisfactory to the Trustee) notify the Trustee from the Outstanding Securities of such series or Tranche not previously called for redemption, by such method as shall be provided for any particular series, or, in the absence of any such provision, by such method as the Trustee shall deem fair Redemption Date and appropriate and which may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such series or Tranche or any integral multiple thereof) of the principal amount of Securities to be redeemed, and thereupon the Trustee shall select, in such manner as the Trustee shall deem appropriate and fair, the Securities (or portions thereof) of such series to be redeemed. Unless otherwise provided in the Officers' Certificate or Tranche supplemental indenture provided for in Section 3.01, no Security of a denomination larger of $1,000 shall be redeemed in part and Securities may be redeemed in part only in integral multiples of $1,000. In any case where more than the minimum authorized denomination for Securities one Registered Security of such series or Tranche; provided, however, that if, as indicated is registered in an Officer's Certificatethe same name, the Company shall have offered to purchase all or any Trustee in its discretion may treat the aggregate principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all so registered as if it were represented by one Registered Security of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tenderedseries. The Trustee shall promptly shall, as soon as practicable, notify the Company and the Security Registrar in writing of the Securities selected for redemption and, in the case and portions of any Securities selected to be redeemed in part, the principal amount thereof to be redeemed. so selected.
(b) For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which Security that has been or is to be redeemed.
Appears in 4 contracts
Samples: Indenture (Citigroup Inc), Indenture (Citigroup Inc), Indenture (Citigroup Funding Inc.)
Selection of Securities to be Redeemed. If Unless otherwise specified as contemplated by Section 3.1, if less than all the Securities (including coupons, if any) of any series, or any Tranche thereof, a series with the same terms are to be redeemed, the particular Trustee, not more than 45 days prior to the Redemption Date, shall select the Securities of the series to be redeemed shall be selected by the Trustee from the Outstanding Securities of in such series or Tranche not previously called for redemption, by such method as shall be provided for any particular series, or, in the absence of any such provision, by such method manner as the Trustee shall deem fair and appropriate appropriate. The Trustee shall make the selection from Securities of the series that are Outstanding and which that have not previously been called for redemption and may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such that series or Tranche or any integral multiple thereof) of the principal amount of Securities of such series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tendered. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected by the Trustee for redemption and, in the case of any Securities selected to be redeemed in partfor partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities (including coupons, if any) shall relate, in the case of any Securities (including coupons, if any) redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities (including coupons, if any) which has been or is to be redeemed.
Appears in 4 contracts
Samples: Indenture (Fidelity National Title Group, Inc.), Indenture (Fidelity National Financial Inc /De/), Indenture (Fidelity National Title Group, Inc.)
Selection of Securities to be Redeemed. If less than all the Securities of any series, or any Tranche thereof, a series with the same terms and provisions are to be redeemed, the particular Trustee shall select the Securities to be redeemed shall be selected by a method the Trustee considers fair and appropriate. The Trustee shall make the selection from the such Securities Outstanding Securities of such series or Tranche not previously called for redemption, by such method as shall be provided for any particular series, or, in the absence of any such provision, by such method as the . The Trustee shall deem fair and appropriate and which may provide for the selection select for redemption portions of portions (equal to the minimum authorized denomination for principal of Registered Securities of such series or Tranche or any integral multiple thereof) of the principal amount of Securities of such series or Tranche of a denomination that have denominations larger than the minimum authorized denomination denominations for Registered Securities of such series or Tranche; provided, however, that if, as indicated series. Securities and portions thereof the Trustee selects shall be in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered amounts equal to the Company for such purchase, the Trustee, if so directed by Company Order, shall select smallest authorized denominations or an integral multiple thereof. Provisions of this Indenture that apply to Securities called for redemption all or any principal amount also apply to portions of such Registered Securities which have not been so tenderedcalled for redemption. The Trustee shall promptly notify the Company and the Security Registrar (if other than itself) in writing of the Securities selected for redemption and, in the case of any Securities selected to be redeemed in partfor partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 4 contracts
Samples: Indenture (Natural Microsystems Corp), Indenture (Sierra Pacific Resources), Indenture (Natural Microsystems Corp)
Selection of Securities to be Redeemed. If less than all the Securities of any series, or any Tranche thereof, are to be redeemed, the particular Securities to be redeemed shall be selected by the Trustee Security Registrar from the Outstanding Securities of such series or Tranche not previously called for redemption, by such method as shall be provided for any particular seriesseries or Tranche, or, in the absence of any such provision, by such method of random selection as the Trustee Security Registrar shall deem fair and appropriate and which may may, in any case, provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such series or Tranche or any integral multiple thereof) of the principal amount of Securities of such series or Tranche of having a denomination larger than the minimum authorized denomination for Securities of such series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the TrusteeSecurity Registrar, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tendered. The Trustee Security Registrar shall promptly notify the Company and the Security Registrar Trustee in writing of the Securities selected for redemption and, in the case of any Securities selected to be redeemed in part, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 4 contracts
Samples: General and Refunding Mortgage Indenture (Nevada Power Co), General and Refunding Mortgage Indenture (Nevada Power Co), Indenture (Washington Water Power Capital Iii)
Selection of Securities to be Redeemed. If less than all the Securities are to be redeemed, the Issuer may select the series to be redeemed, and if less than all of the Securities of any series, or any Tranche thereof, series are to be redeemed, the particular Securities of that series to be redeemed shall be selected not more than 45 days prior to the Redemption Date by the Subordinated Trustee for the Securities of such series, from the Outstanding Securities of such that series or Tranche not previously called for redemption, by such method as the Subordinated Trustee for the Securities of such series shall be provided for any particular series, or, in the absence of any such provision, by such method as the Trustee shall deem fair and appropriate approve and which may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such series or Tranche that series, or any integral multiple thereof) of the principal amount of Securities of such that series or Tranche of a denomination larger than the minimum authorized denomination for Securities of that series pursuant to Section 3.02 in the currency or currency unit in which the Securities of such series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tenderedare denominated. The Trustee Issuer shall promptly notify the Company and the Security Registrar in writing the Subordinated Trustee for the Securities of the Securities series selected for redemption and, in the case of any Securities of a series selected to be redeemed in partfor partial redemption, the principal amount thereof to be redeemed. For all purposes of this Subordinated Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 3 contracts
Samples: Subordinated Indenture (Prudential PLC), Subordinated Indenture (Prudential PLC), Subordinated Indenture (Prudential PLC)
Selection of Securities to be Redeemed. If less than all the Securities of any series, or any Tranche thereof, are to be redeemedredeemed at any time, the particular Securities or portions thereof to be redeemed shall be selected by the Trustee from the Outstanding outstanding Securities of such series or Tranche not previously called for redemptionredemption pro rata, by such method as shall be provided for any particular series, or, in the absence of any such provision, lot or by such other method as the Trustee considers to be fair and appropriate. In any proration pursuant to this Section, the Trustee shall make such adjustments, reallocations and eliminations as it shall deem fair and appropriate and which may provide for the selection for redemption of portions (equal proper to the minimum authorized denomination for Securities of such series or Tranche or any integral multiple thereof) of end that the principal amount at maturity of Securities so prorated shall be $1,000 or a multiple thereof, by increasing or decreasing or eliminating the amount which would be allocable to any Holder on the basis of such series exact proportion by an amount not exceeding $1,000. The Trustee in its discretion may determine the particular Securities (if there are more than one) registered in the name of any Holder which are to be redeemed, in whole or Tranche of in part. No Securities with a denomination larger than the minimum authorized denomination for Securities of such series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount at maturity of the Securities then Outstanding of any series, $1,000 or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tenderedbe redeemed in part. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected to be redeemed in partfor partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount Accreted Value of such Securities Security which has been or is to be redeemed.
Appears in 3 contracts
Samples: Indenture (Cai Wireless Systems Inc), Indenture (Cai Wireless Systems Inc), Indenture (Cai Wireless Systems Inc)
Selection of Securities to be Redeemed. (a) If less than the Company shall at any time elect to redeem all or any portion of the Securities of any seriesa series then Outstanding, or any Tranche thereof, are it shall at least 30 days prior to the Redemption Date fixed by the Company (unless a shorter period shall be satisfactory to the Trustee) notify the Trustee of such Redemption Date and of the principal amount of Securities to be redeemed, the particular Securities to be redeemed shall be selected by and thereupon the Trustee from (subject to Applicable Procedures of the Outstanding Securities of such series or Tranche not previously called for redemptionDepositary) shall select, by lot or in such method as shall be provided for any particular series, or, in the absence of any such provision, by such method other manner as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such series or Tranche or any integral multiple thereof) a portion of the principal amount of Securities any Security of such series or Tranche series; provided that the unredeemed portion of a the principal amount of any Security shall be in an authorized denomination larger (which shall not be less than the minimum authorized denomination denomination) for Securities such Security. In any case where more than one Security of such series or Tranche; provided, however, that if, as indicated is registered in an Officer's Certificatethe same name, the Company shall have offered to purchase all or any Trustee may treat the aggregate principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all so registered as if it were represented by one Security of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tenderedseries. The Trustee shall promptly shall, as soon as practicable, notify the Company and the Security Registrar in writing of the Securities selected for redemption and, in the case and portions of any Securities selected to be redeemed in part, the principal amount thereof to be redeemed. so selected.
(b) For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which Security that has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.
Appears in 3 contracts
Selection of Securities to be Redeemed. (a) If less than all of the Securities of any series, or any Tranche thereof, Notes are to be redeemedredeemed at any time pursuant to Section 3.12, the particular Securities Trustee will select Notes for redemption on a pro rata basis unless otherwise required by law, applicable stock exchange requirements (so long as the Trustee has actual knowledge of a listing on such stock exchange) or Depository procedures.
(b) No Notes of $2,000 or less shall be redeemed in part.
(c) If any Note is to be redeemed shall be selected by in part only, the Trustee from notice of redemption that relates to that Note will state the Outstanding Securities of such series or Tranche not previously called for redemption, by such method as shall be provided for any particular series, or, in the absence of any such provision, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such series or Tranche or any integral multiple thereof) portion of the principal amount of Securities that Note that is to be redeemed. A new Note in principal amount equal to the unredeemed portion of such series the original Note will be issued in the name of the Holder of the Note upon cancellation of the original Note. Subject to the satisfaction (or Tranche waiver) of a denomination larger than any conditions precedent, Notes called for redemption become due on the minimum authorized denomination date fixed for Securities of such series or Tranche; providedredemption. On and after the Redemption Date, however, that if, as indicated in an Officer's Certificate, unless the Company shall have offered to purchase all or any principal amount defaults in the payment of the Securities then Outstanding Redemption Price, interest will cease to accrue on the Notes or portions of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company Notes called for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tendered. redemption.
(d) The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities Notes selected for redemption and, in the case of any Securities Notes selected to be redeemed in partfor partial redemption, the principal amount thereof to be redeemed. .
(e) For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities the Notes shall relate, in the case of any Securities of the Notes redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities thereof which has been or is to be redeemed.
Appears in 3 contracts
Samples: Fifth Supplemental Indenture (LGI Homes, Inc.), Fourth Supplemental Indenture (LGI Homes, Inc.), Third Supplemental Indenture (LGI Homes, Inc.)
Selection of Securities to be Redeemed. (a) If the Company shall at any time elect to redeem all or any portion of the Securities of a series then Outstanding, it shall at least 35 days prior to the Redemption Date fixed by the Company (unless a shorter period shall be satisfactory to the Trustee) notify the Trustee of such Redemption Date and of the principal amount of Securities to be redeemed, and, if less than all of the Securities of any series, or any Tranche thereof, such series are to be redeemed, thereupon the Trustee shall select the particular Securities of such series to be redeemed shall be selected by the Trustee from the Outstanding Securities of such series or Tranche not previously theretofore called for redemption, redemption by lot or in such method as shall be provided for any particular series, or, in the absence of any such provision, by such method other manner as the Trustee shall deem fair and appropriate appropriate, subject to the Applicable Procedures, and which may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such series or Tranche or any integral multiple thereof) a portion of the principal amount of Securities any Security of such series or Tranche series; provided that the unredeemed portion of a the principal amount of any Security shall be in an authorized denomination larger (which shall not be less than the minimum authorized denomination denomination) for Securities such Security. In any case where more than one Security of such series or Tranche; provided, however, that if, as indicated is registered in an Officer's Certificatethe same name, the Company shall have offered to purchase all or any Trustee may treat the aggregate principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all so registered as if it were represented by one Security of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tenderedseries. The Trustee shall promptly shall, as soon as practicable, notify the Company and the Security Registrar in writing of the Securities selected for redemption and, in the case and portions of any Securities selected to be redeemed in part, the principal amount thereof to be redeemed. so selected.
(b) For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which Security that has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company or any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.
Appears in 3 contracts
Samples: Indenture (Shake Shack Inc.), Indenture (Shake Shack Inc.), Indenture (Shake Shack Inc.)
Selection of Securities to be Redeemed. If Unless otherwise specified as contemplated by Section 3.1, if less than all the Securities (including coupons, if any) of any series, or any Tranche thereof, a series with the same terms are to be redeemed, the particular Trustee, not more than 45 days prior to the redemption date, shall select the Securities of the series to be redeemed shall be selected by the Trustee from the Outstanding Securities of in such series or Tranche not previously called for redemption, by such method as shall be provided for any particular series, or, in the absence of any such provision, by such method manner as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the Principal amount of any Security of such series, PROVIDED that the unredeemed portion of the principal amount of any Security shall be in an authorized denomination (which shall not be less than the minimum authorized denomination) for such Security. The Trustee shall make the selection from Securities of the series that are Outstanding and that have not previously been called for redemption and may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities Securities, including coupons, if any, of such that series or Tranche or any integral multiple thereof) of the principal amount of Securities Securities, including coupons, if any, of such series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tendered. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected by the Trustee for redemption and, in the case of any Securities selected to be redeemed in partfor partial redemption, the principal amount thereof to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption. If less than all the Securities of any series with differing issue dates, interest rates and stated maturities are to be redeemed, the Company in its sole discretion shall select the particular Securities to be redeemed and shall notify the Trustee in writing thereof at least 45 days prior to the relevant redemption date. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities (including coupons, if any) shall relate, in the case of any Securities (including coupons, if any) redeemed or to be redeemed only in part, to the portion Portion of the principal amount of such Securities (including coupons, if any) which has been or is to be redeemed.
Appears in 3 contracts
Samples: Senior Indenture (Conseco Inc Et Al), Second Senior Indenture (Cihc Inc), Indenture (Cihc Inc)
Selection of Securities to be Redeemed. (a) If less than the Company shall at any time elect to redeem all or any portion of the Securities of any seriesa series then Outstanding, or any Tranche thereof, are it shall at least 45 days prior to the Redemption Date fixed by the Company (unless a shorter period shall be satisfactory to the Trustee) notify the Trustee of such Redemption Date and of the principal amount of Securities to be redeemed, the particular Securities to be redeemed shall be selected by and thereupon the Trustee from the Outstanding Securities of such series or Tranche not previously called for redemptionshall select, by lot or in such method as shall be provided for any particular series, or, in the absence of any such provision, by such method other manner as the Trustee shall deem fair appropriate and appropriate which is in accordance with the procedures of the Depositary, if applicable, and which may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such series or Tranche or any integral multiple thereof) a portion of the principal amount of Securities any Security of such series or Tranche series; provided that the unredeemed portion of a the principal amount of any Security shall be in an authorized denomination larger (which shall not be less than the minimum authorized denomination denomination) for Securities such Security. In any case where more than one Security of such series or Tranche; provided, however, that if, as indicated is registered in an Officer's Certificatethe same name, the Company shall have offered to purchase all or any Trustee may treat the aggregate principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all so registered as if it were represented by one Security of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tenderedseries. The Trustee shall promptly shall, as soon as practicable, notify the Company and the Security Registrar in writing of the Securities selected for redemption and, in the case and portions of any Securities selected to be redeemed in part, the principal amount thereof to be redeemed. so selected.
(b) For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which Security that has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.
Appears in 3 contracts
Samples: Indenture (CBC Holdco LLC), Indenture (Molson Coors Brewing Co), Indenture (Golden Acquisition)
Selection of Securities to be Redeemed. If Unless otherwise specified as contemplated by Section 3.1, if less than all the Securities (including coupons, if any) of any series, or any Tranche thereof, a series with the same terms are to be redeemed, the particular Trustee, not more than 45 days prior to the redemption date, shall select the Securities of the series to be redeemed shall be selected by the Trustee from the Outstanding Securities of in such series or Tranche not previously called for redemption, by such method as shall be provided for any particular series, or, in the absence of any such provision, by such method manner as the Trustee shall deem fair and appropriate appropriate. The Trustee shall make the selection from Securities of the series that are Outstanding and which that have not previously been called for redemption and may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities Securities, including coupons, if any, of such that series or Tranche or any integral multiple thereof) of the principal amount of Securities Securities, including coupons, if any, of such series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tendered. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected by the Trustee for redemption and, in the case of any Securities selected to be redeemed in partfor partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities (including coupons, if any) shall relate, in the case of any Securities (including coupons, if any) redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities (including coupons, if any) which has been or is to be redeemed.
Appears in 3 contracts
Samples: Indenture (Southwestern Energy Co), Indenture (Southwestern Energy Co), Indenture (Public Service Co of North Carolina Inc)
Selection of Securities to be Redeemed. If If, at the option of the Corporation, less than all the Securities of any series, or any Tranche thereof, a Series are to be redeemed, the particular Trustee shall select the Securities of such Series to be redeemed shall be selected by the Trustee from the Outstanding Securities of such series or Tranche not previously called for redemptionon a pro rata basis, by such method as shall be provided for any particular series, or, in the absence of any such provision, lot or by such method as the Trustee shall deem fair and appropriate and which may provide for or in accordance with the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such series or Tranche or any integral multiple thereof) applicable procedures of the principal amount of Securities of such series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tenderedDepositary. The Trustee shall make the selection from outstanding Securities of such Series not previously called for redemption and shall promptly notify the Company and the Security Registrar Corporation in writing of the Securities of such Series selected for redemption and, in the case of any Securities selected to be redeemed in partfor partial redemption, the principal amount thereof to be redeemed. The Trustee may select for redemption portions of the principal of Securities that have a denomination larger than $2,000 (or the applicable minimum denomination for such Securities in the event the Securities are payable in a Foreign Currency or Currencies), Securities and portions of them it selects shall be in minimum amounts of $2,000 (or the applicable minimum denomination for such Securities in the event the Securities are payable in a Foreign Currency or Currencies) or a multiple of $1,000 (or the applicable minimum denomination for such Securities in the event the Securities are payable in a Foreign Currency or Currencies). Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 3 contracts
Samples: Indenture (Martin Marietta Materials Inc), Indenture (Martin Marietta Materials Inc), Indenture Agreement (Martin Marietta Materials Inc)
Selection of Securities to be Redeemed. (a) If the Company shall at any time elect to redeem all or any portion of the Securities of a series then Outstanding, it shall at least 15 calendar days (or such shorter period acceptable to the Trustee) prior to the date the notice of redemption is to be mailed, notify the Trustee of such Redemption Date and of the principal amount of Securities to be redeemed. If less than all of the Securities of any series, or any Tranche thereof, a series are to be redeemed, the particular Securities to be redeemed shall for redemption will be selected by as follows: (i) if the Trustee from Securities are listed on a securities exchange then in compliance with the Outstanding Securities rules of such series securities exchange and if the Securities are held through the clearing systems then in compliance with the rules and procedures of the clearing systems, or Tranche (ii) if the Securities are not previously called for redemptionlisted on a securities exchange or held through the clearing systems, then by lot or such method as shall be provided for any particular series, or, in the absence of any such provision, by such other method as the Trustee trustee shall deem to be fair and appropriate in its sole and which may provide for absolute discretion or as otherwise required by applicable law; provided that the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such series or Tranche or any integral multiple thereof) unredeemed portion of the principal amount of Securities of such series or Tranche of a any Security shall be in an authorized denomination larger (which shall not be less than the minimum authorized denomination denomination) for Securities such Security. In any case where more than one Security of such series or Tranche; provided, however, that if, as indicated is registered in an Officer's Certificatethe same name, the Company shall have offered to purchase all or any Trustee may treat the aggregate principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all so registered as if it were represented by one Security of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tenderedseries. The Trustee shall promptly shall, as soon as practicable, notify the Company and the Security Registrar in writing of the Securities selected for redemption and, in the case and portions of any Securities selected to be redeemed in part, the principal amount thereof to be redeemed. so selected.
(b) For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which Security that has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.
Appears in 3 contracts
Samples: Indenture (iQIYI, Inc.), Indenture (JD.com, Inc.), Indenture (JD.com, Inc.)
Selection of Securities to be Redeemed. If less than all the Securities of any series, or any Tranche thereof, are to be redeemedredeemed (unless all the Securities of a specified tenor are to be redeemed or unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee Trustee, from the Outstanding Securities of such series or Tranche not previously called for redemption, by such method as shall be provided for any particular series, or, in the absence of any such provision, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such series or Tranche or any integral multiple thereof) a portion of the principal amount of Securities any Security, provided that the portion of such series or Tranche the principal amount of a any Security not redeemed shall be in an authorized denomination larger (which shall not be less than the minimum authorized denomination denomination) for such Security. If less than all the Securities of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select specified tenor not previously called for redemption all or any principal amount of such Securities which have not been so tenderedin accordance with the preceding sentence. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected for partial redemption and, in the case of any Securities selected to be redeemed in part, and the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities Security which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.
Appears in 3 contracts
Samples: Junior Subordinated Indenture (First Interstate Bancsystem of Montana Inc), Junior Subordinated Indenture (Fib Capital Trust), Junior Subordinated Indenture (Fib Capital Trust)
Selection of Securities to be Redeemed. If less than all the Securities of any series, or any Tranche thereof, are to be redeemed, the particular Securities to be redeemed shall be selected by not more than 45 days prior to the Trustee Redemption Date, from the Outstanding outstanding Securities of such series or Tranche not previously called for redemption, by such method as shall be provided for any particular series, or, lot in the absence of any such provision, by such method as the Trustee shall deem fair and appropriate and which may provide accordance with Applicable Procedures for the selection for redemption Global Securities or on a pro-rata basis, provided that each of portions (equal to the minimum authorized denomination for Securities of such series or Tranche or any integral multiple thereof) redeemed portion and the unredeemed portion of the principal amount of Securities of such series or Tranche of a any Security shall be in an authorized denomination larger (which shall not be less than the minimum authorized denomination denomination) for Securities such Security. The selection of any Security or portion thereof for redemption, the sending of any notice of redemption, and the deposit of the Redemption Price with the Trustee or a Paying Agent, shall not in any way limit the conversion privilege of any Holder or the Company's Conversion Obligation with respect to any Security for which the Conversion Date occurs before the Redemption Date. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such series or Tranche; provided, however, that if, Security shall be deemed (so far as indicated in an Officer's Certificate, may be) to be the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company portion selected for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such redemption. Securities which have not been so tenderedconverted during a selection of Securities to be redeemed shall be treated by the Trustee as outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected for redemption as aforesaid and, in the case of any Securities selected to be redeemed in partfor partial redemption as aforesaid, the principal amount thereof to be redeemed. In the case of any redemption in part, the unredeemed portion of the principal amount of the Security shall be in an authorized denomination (which shall not be less than the minimum authorized denomination) for such Security. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities in this Article 13 shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed. Securities and portions of them the Trustee selects shall be in principal amounts of $1,000 or integral multiples of $1,000.
Appears in 3 contracts
Samples: Investment Agreement (Nu Skin Enterprises Inc), Indenture (Nu Skin Enterprises Inc), Investment Agreement (Nu Skin Enterprises Inc)
Selection of Securities to be Redeemed. If less than all of the Securities of any series, or any Tranche thereof, series are to be redeemed (unless all of the Securities of such series of a specified tenor are to be redeemed), the particular Securities to be redeemed shall be selected by not more than 60 days prior to the Trustee Redemption Date from the Outstanding outstanding Securities of such series or Tranche (and tenor) not previously called for redemption, either pro rata, by lot or by such method as shall be provided for any particular series, or, in the absence of any such provision, by such other method as the Trustee shall deem fair appropriate in accordance with industry standards at the time of such redemption and appropriate and which that may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such that series or Tranche or any integral multiple thereof) of the principal amount of Securities of such series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such that series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, of the Company shall have offered to purchase all or any principal amount of the Global Securities then Outstanding of any series, or any Tranche thereof, and less than all of such series; provided that, if at the time of redemption such Securities are registered as to which such offer was made shall have been tendered to the Company for such purchasea Global Security, the TrusteeDepositary shall determine, if so directed by Company Orderin accordance with its procedures, shall select for redemption all or any the principal amount of such Securities which have not been so tenderedheld by each beneficial owner of Securities to be redeemed. The If the Trustee selects the Securities to be redeemed, the Trustee shall promptly notify the Company Issuer and the Security Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected to be redeemed in partfor partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any of the Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities thereof which has been or is to be redeemed.
Appears in 3 contracts
Samples: Indenture (EQM Midstream Partners, LP), Indenture (EQT Corp), Indenture (EQT Midstream Partners, LP)
Selection of Securities to be Redeemed. If Except as otherwise established in or pursuant to a Board Resolution or an Officer’s Certificate or in another manner specified as contemplated by Section 2.01 for such Securities, if less than all the Securities of any series, or any Tranche thereof, series are to be redeemedredeemed (unless all the Securities of such series and of a specified tenor are to be redeemed or unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 45 days prior to the Redemption Date by the Trustee Trustee, from the Outstanding outstanding Securities of such series or Tranche not previously called for redemption, by such method as shall be provided for any particular series, or, in the absence of any such provision, by such method as the Trustee shall deem fair and appropriate and which may provide for complies with any securities exchange or other Applicable Procedures; provided that the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such series or Tranche or any integral multiple thereof) unredeemed portion of the principal amount of any Security shall be in an authorized denomination (which shall not be less than the minimum authorized denomination) for such Security. If less than all the Securities of such series or Tranche and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 45 days prior to the Redemption Date by the Trustee, from the outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities which have been converted during a selection of securities to be redeemed shall be treated by the Trustee as outstanding for the purpose of such selection. The provisions of the preceding paragraphs shall not apply with respect to any redemption affecting only a single Security, whether such Security is to be redeemed in whole or in part. In the case of any such redemption in part, the unredeemed portion of the principal amount of the Security shall be in an authorized denomination larger (which shall not be less than the minimum authorized denomination for Securities of such series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company denomination) for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tendered. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected to be redeemed in part, the principal amount thereof to be redeemedSecurity. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.
Appears in 3 contracts
Samples: Indenture (Labcorp Holdings Inc.), Indenture (Laboratory Corp of America Holdings/De), Indenture (Laboratory Corp of America Holdings)
Selection of Securities to be Redeemed. If less the Company decides to redeem fewer than all of the Securities Securities, unless the procedures of any series, or any Tranche thereof, are to be redeemedthe Depositary provide otherwise, the particular Trustee shall select the Securities to be redeemed by lot, on a pro rata basis or by another method the Trustee considers fair and appropriate. Securities and portions of Securities that the Trustee selects shall be selected by the Trustee from the Outstanding in principal amounts of $1,000 or an integral multiple of $1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of such series or Tranche not previously Securities called for redemption, by such method as shall be provided for any particular series, or, in the absence of any such provision, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such series or Tranche or any integral multiple thereof) of the principal amount of Securities of such series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tendered. The Trustee shall promptly notify the Company and promptly (but in any case within seven days of the Security Registrar Trustee’s receipt of the notice from the Company referred to in writing Section 3.01 unless a shorter notice is acceptable to the Company) of the Securities or portions of the Securities selected for redemption to be redeemed and, in the case of any Securities selected to be redeemed in partfor partial redemption, the principal amount thereof method it has chosen for the selection of the portions of the Securities selected to be redeemed. For all purposes Following a notice of this Indentureredemption, unless Securities and portions of Securities are convertible, pursuant to Section 4.01(a)(3), by the context otherwise requires, all provisions relating Holder until the Close of Business on the Business Day prior to the Redemption Date. If any Security selected for partial redemption is converted in part before termination of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, conversion right with respect to the portion of the principal amount Security so selected, the converted portion of such Securities which has been or is Security shall be deemed (so far as may be) to be redeemedthe portion selected for redemption. Securities that have been converted during a selection of Securities to be redeemed may be treated by the Trustee as outstanding for the purpose of such selection.
Appears in 3 contracts
Samples: Indenture (Lincare Holdings Inc), Indenture (Lincare Holdings Inc), Indenture (Osi Pharmaceuticals Inc)
Selection of Securities to be Redeemed. If less than all the Securities of any series, or any Tranche thereof, series are to be redeemed (unless all of the Securities of such series of a specified tenor are to be redeemed, ) the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee Trustee, from the Outstanding Securities of such series or Tranche not previously called for redemption, by such method as shall be provided for any particular series, or, in the absence of any such provision, lot or by such other method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such that series or Tranche or any integral multiple thereof) of the principal amount of Registered Securities of such series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such that series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, of the Company shall have offered to purchase all or any principal amount of the global Securities then Outstanding of any such series, or any Tranche thereof, and . If less than all of the Securities of such series and of a specified tenor are to be redeemed, the particular Securities as to which such offer was made be redeemed shall have been tendered be selected not more than 60 days prior to the Redemption Date by the Company for such purchase, or the Trustee, if so directed by Company Order, shall select from the Outstanding Securities of such series and specified tenor not previously called for redemption all or any principal amount of such Securities which have not been so tenderedin accordance with the preceding sentence. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected to be redeemed in partfor partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 3 contracts
Samples: Indenture (Baker Hughes Inc), Indenture (Lone Star Technologies Inc), Indenture (Lone Star Technologies Inc)
Selection of Securities to be Redeemed. If less fewer than all the Securities of any series, or any Tranche thereof, are to be redeemed, the Trustee shall select the particular Securities to be redeemed shall be selected by the Trustee from the Outstanding Securities by a method that complies with the requirements of such series or Tranche not previously called for redemption, by such method as shall be provided for any particular seriesexchange on which the Securities are listed, or, if the Securities are not listed on an exchange, on a pro rata basis or by lot or in the absence of accordance with any such provision, by such other method as the Trustee shall deem considers fair and appropriate appropriate. Securities and which may provide for portions thereof that the selection for redemption of portions (Trustee selects shall be in amounts equal to the minimum authorized denomination denominations for Securities of such series or Tranche to be redeemed or any integral multiple thereof) . If any Security selected for partial redemption is converted or elected to be repurchased in part before termination of the principal amount conversion right or repurchase right with respect to the portion of Securities the Security so selected, the converted or repurchased portion of such series or Tranche of a denomination larger than Security shall be deemed to be the minimum authorized denomination portion selected for Securities of such series or Trancheredemption; provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all Holder of such Securities Security so converted and deemed redeemed shall not be entitled to any additional interest payment as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount a result of such deemed redemption than such Holder would have otherwise been entitled to receive upon conversion of such Security. Securities which have not been so tenderedconverted during a selection of Securities to be redeemed may be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected to be redeemed in partfor partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 3 contracts
Samples: Indenture (Foster Wheeler LTD), Indenture (First American Financial Corp), Indenture (Teva Pharmaceutical Finance Bv)
Selection of Securities to be Redeemed. If less than all the Securities of any series, or any Tranche thereof, series are to be redeemed, the particular Securities of that series to be redeemed shall be selected by lot, on a pro rata basis or by any other method the Trustee deems to be fair and appropriate (or, in the case of Global Securities, based on the method required by the U.S. Depositary or, if it is not so required, a method that most nearly approximates a pro rata selection as the Trustee deems fair and appropriate), unless otherwise required by law or applicable stock exchange or depositary requirements, not more than 60 days prior to the Redemption Date by the U.S. Depositary or the Trustee, as applicable, for the Securities of such series, from the Outstanding Securities of such series or Tranche not previously called for redemption, by such method as . Securities shall be provided excluded from eligibility for any particular series, or, in the absence of any such provision, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption if they are identified by registration and certificate number in a written statement signed by an authorized officer of portions (equal the Issuer and delivered to the minimum authorized denomination Trustee for the Securities of such series at least 60 days prior to the Redemption Date as being owned of record and beneficially by, and not pledged or Tranche hypothecated by either (a) the Issuer or any integral multiple thereofthe Guarantors or (b) an entity specifically identified in such written statement that is an Affiliate of the principal amount of Issuer or the Guarantors. The Trustee for the Securities of such series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tendered. The Trustee shall promptly notify the Company Issuer and the Security Registrar Guarantors in writing of the Securities selected for redemption and, in the case of any Securities selected to be redeemed in partfor partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 3 contracts
Samples: Indenture (Trane Technologies Financing LTD), Indenture (Trane Technologies Irish Holdings Unlimited Co), Indenture (Ingersoll Rand Co)
Selection of Securities to be Redeemed. If less than all of the Securities of any series, or any Tranche thereof, are to be redeemed, the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee from the Outstanding Securities of such series or Tranche not previously called for redemption, by such method as shall be provided for any particular series, or, in the absence of any such provision, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such series or Tranche or any integral multiple thereof) of the principal amount of Securities of such series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such series or TrancheSecurities; provided, however, that if, as indicated in an Officer's Certificate, no such partial redemption shall reduce the Company shall have offered to purchase all or any portion of the principal amount of the Securities then Outstanding a Security of any series, or any Tranche thereof, and such series not redeemed to less than all the minimum denomination for a Security of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all series established herein or any principal amount of such Securities which have not been so tenderedpursuant hereto. The Trustee shall promptly notify the Company and the Security Registrar (if other than itself) in writing of the Securities selected for redemption and, in the case of any Securities selected to be redeemed in partfor partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed. If any Security selected for partial redemption is converted into Shares pursuant to Article 18 before termination of such conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities which have been converted during a selection of Securities to be redeemed shall be treated by the Trustee as Outstanding for the purpose of such selection.
Appears in 3 contracts
Samples: Indenture (Elan Corp PLC), Limited Waiver (Elan Corp PLC), Limited Waiver (Elan Corp PLC)
Selection of Securities to be Redeemed. If Unless otherwise specified as contemplated by Section 3.1, if less than all the Securities of any seriesa series with the same original issue date, or any Tranche thereof, interest rate and Stated Maturity are to be redeemed, the particular Trustee, not more than 45 days prior to the redemption date, shall select the Securities of the series to be redeemed shall be selected by the Trustee from the Outstanding Securities of in such series or Tranche not previously called for redemption, by such method as shall be provided for any particular series, or, in the absence of any such provision, by such method manner as the Trustee shall deem fair and appropriate appropriate. The Trustee shall make the selection from Securities of the series that are Outstanding and which that have not previously been called for redemption and may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such that series or Tranche or any integral multiple thereof) of the principal amount of Securities of such series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tendered. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected by the Trustee for redemption and, in the case of any Securities selected to be redeemed in partfor partial redemption, the principal amount thereof to be redeemed. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities which have been converted during a selection of Securities to be redeemed shall be treated by the Trustee as Outstanding for the purpose of such selection. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 3 contracts
Samples: Indenture (At&t Wireless Services Inc), Indenture (Icos Corp / De), Indenture (Esterline Technologies Corp)
Selection of Securities to be Redeemed. If In the event that less than all of the Securities of any series, or any Tranche thereof, series are to be redeemedredeemed at any time, and the Securities are Global Securities, the particular Securities to be redeemed shall be selected by the Depositary in accordance with the Applicable Procedures. If the particular Securities to be redeemed are not Global Securities, selection of the Securities to be redeemed shall be made by the Trustee from in compliance with the Outstanding requirements of the principal national securities exchange, if any, on which such Securities of are listed or, if such series or Tranche Securities are not previously called for redemptionthen listed on a national securities exchange, on a pro rata basis, by such method as shall be provided for any particular series, or, in the absence of any such provision, lot or by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such series or Tranche or any integral multiple thereof) of the principal amount of Securities of such series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such series or Trancheappropriate; provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any no Securities of a principal amount of the Securities then Outstanding of any series, $2,000 or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered be redeemed in part. A new Security in a principal amount equal to the Company for such purchase, unredeemed portion thereof will be issued in the name of the Holder thereof upon delivery of the original Security to the Paying Agent and cancellation of the original Security (or transferred by book entry). The Depositary or Trustee, if so directed by Company Orderas applicable, shall select for redemption all or any principal amount of such Securities which have not been so tendered. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected for redemption as aforesaid and, in the case of any Securities selected to be redeemed in partfor partial redemption as aforesaid, the principal amount thereof to be redeemed. The provisions of the two preceding paragraphs shall not apply with respect to any redemption affecting only a single Security, whether such Security is to be redeemed in whole or in part. In the case of any such redemption in part, the unredeemed portion of the principal amount of the Security shall be in an authorized denomination (which shall not be less than the minimum authorized denomination) for such Security. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 3 contracts
Samples: Indenture (CNH Industrial Capital LLC), Indenture (New Holland Credit Company, LLC), Indenture (CNH Industrial Capital LLC)
Selection of Securities to be Redeemed. If Unless otherwise specified as contemplated by Section 3.1, if less than all the Securities (including coupons, if any) of any series, or any Tranche thereof, a series with the same terms are to be redeemed, the particular Trustee, not more than 45 days prior to the Redemption Date, shall select the Securities of the series to be redeemed shall be selected by the Trustee from the Outstanding Securities of in such series or Tranche not previously called for redemption, by such method as shall be provided for any particular series, or, in the absence of any such provision, by such method manner as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Security of such series, provided that the unredeemed portion of the principal amount of any Security shall be in an authorized denomination (which shall not be less than the minimum authorized denomination) for such Security. The Trustee shall make the selection from Securities of the series that are Outstanding and that have not previously been called for redemption and may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities Securities, including coupons, if any, of such that series or Tranche or any integral multiple thereof) of the principal amount of Securities Securities, including coupons, if any, of such series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tendered. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected by the Trustee for redemption and, in the case of any Securities selected to be redeemed in partfor partial redemption, the principal amount thereof to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate of the Company or any Subsidiary of the Company thereof shall not be included in the Securities selected for redemption. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities (including coupons, if any) shall relate, in the case of any Securities (including coupons, if any) redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities (including coupons, if any) which has been or is to be redeemed.
Appears in 3 contracts
Samples: Indenture (Federal Mogul Corp), Indenture (Federal Mogul Corp), Indenture (Federal Mogul Corp)
Selection of Securities to be Redeemed. If less than all the Securities of any series, or any Tranche thereof, series are to be redeemed (unless all of the Securities of such series of a specified tenor are to be redeemed, ) the particular Securities to be redeemed shall be selected not more than 45 days prior to the Redemption Date by the Trustee Trustee, from the Outstanding Securities of such series or Tranche not previously called for redemption, by such method as shall be provided for any particular series, or, in the absence of any such provision, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such that series or Tranche or any integral multiple thereof) of the principal amount of Registered Securities of such series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such that series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, of the Company shall have offered to purchase all or any principal amount of the global Securities then Outstanding of any such series, or any Tranche thereof, and . If less than all of the Securities of such series and of a specified tenor are to be redeemed, the particular Securities as to which such offer was made be redeemed shall have been tendered be selected not more than 45 days prior to the Company for such purchase, Redemption Date by the Trustee, if so directed by Company Order, shall select from the Outstanding Securities of such series and specified tenor not previously called for redemption all or any principal amount of such Securities which have not been so tenderedin accordance with the preceding sentence. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected to be redeemed in partfor partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed. If any Security selected for partial redemption is surrendered for conversion after such selection, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Upon any redemption of less than all the Securities of a series, for purposes of selection for redemption the Company and the Trustee may treat as Outstanding Securities surrendered for conversion during the period of 15 days next preceding the mailing of a notice of redemption, and need not treat as Outstanding any Security authenticated and delivered during such period in exchange for the unconverted portion of any Security converted in part during such period.
Appears in 3 contracts
Samples: Senior Debt Indenture (Dynegy Capital Trust Iii), Subordinated Debt Indenture (Dynegy Capital Trust Iii), Subordinated Indenture (Dynegy Capital Trust Ii)
Selection of Securities to be Redeemed. If less than all the Securities of any series, or any Tranche thereof, are to be redeemed, the particular Securities to be redeemed shall be selected by the Trustee Security Registrar from the Outstanding Securities of such series or Tranche not previously called for redemption, by such method as shall be provided for any particular series, or, in the absence of any such provision, by such method of random selection as the Trustee Security Registrar shall deem fair and appropriate and which may may, in any case, provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such series or Tranche or any integral multiple thereof) of the principal amount of Securities of such series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the TrusteeSecurity Registrar, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tendered. The Trustee Security Registrar shall promptly notify the Company and the Security Registrar Trustee in writing of the Securities selected for redemption and, in the case of any Securities selected to be redeemed in part, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 3 contracts
Samples: Indenture (Entergy Mississippi Inc), Indenture for Unsecured Subordinated Debt Securities (Union Electric Co), Indenture for Unsecured Subordinated Debt Securities (Union Electric Co)
Selection of Securities to be Redeemed. If less than all the Securities of any series, or any Tranche thereof, series are to be redeemed (unless all of the Securities of that series of a specified tenor are to be redeemed), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee Trustee, from the Outstanding outstanding Securities of such that series or Tranche (and tenor) not previously called for redemption, either pro rata, by lot or by such method as shall be provided for any particular series, or, in the absence of any such provision, by such other method as the Trustee shall deem fair and appropriate and which (except that any Securities represented by a Global Security will be redeemed by such method the Depositary may require). That redemption may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such that series or Tranche or any integral multiple thereof) of the principal amount of Securities of such that series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such that series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, of the Company shall have offered to purchase all or any principal amount of the Global Securities then Outstanding of any that series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tendered. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected to be redeemed in partfor partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities of any series shall relate, in the case of any of the Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities thereof which has been or is to be redeemed.
Appears in 3 contracts
Samples: Senior Indenture (Post Holdings, Inc.), Indenture (McDermott International Inc), Subordinated Indenture (McDermott International Inc)
Selection of Securities to be Redeemed. If Unless otherwise indicated for a particular Series by a Board Resolution, a supplemental indenture or an Officers’ Certificate, if less than all the Securities of any series, or any Tranche thereof, Series issued on the same day with the same terms are to be redeemed, the particular Securities to be redeemed shall be selected not more than 45 days prior to the redemption date by the Trustee Trustee, from the Outstanding outstanding Securities of such series or Tranche Series issued on such date with the same terms not previously called for redemption, by such method as shall be provided for any particular series, or, in the absence of any such provision, by such method as the Trustee shall deem fair and appropriate appropriate, and, in the case of global Securities, in accordance with the procedures of the Depositary; provided that such method complies with the rules of any national securities exchange or quotation system on which the Securities are listed, and which may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such series or Tranche that Series or any integral multiple thereof) of the principal amount of Securities of such series or Tranche Series of a denomination larger than the minimum authorized denomination for Securities of such series or Tranchethat Series; provided, however, that if, as indicated in an Officer's Certificate, no such partial redemption shall reduce the Company shall have offered to purchase all or any portion of the principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and a Security not redeemed to less than all the minimum authorized denomination for Securities of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tenderedSeries. The Trustee shall promptly notify the Company and the Security Registrar (if other than itself) in writing of the Securities selected for redemption and, in the case of any Securities selected to be redeemed in partfor partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which Security that has been or is to be redeemed. Notwithstanding the foregoing, if any Security to be redeemed is a Global Security then any partial redemption of that Series of Securities will be made in accordance with the Depository’s applicable procedures among all Holders of such Series of Securities.
Appears in 2 contracts
Samples: Subordinated Debt Indenture (Northwest Bancshares, Inc.), Indenture (Northwest Bancshares, Inc.)
Selection of Securities to be Redeemed. If less than all the Securities of any series, or any Tranche thereof, series are to be redeemedredeemed (unless all the Securities of such series and of a specified tenor are to be redeemed or unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than sixty (60) days prior to the Redemption Date by the Trustee Trustee, from the Outstanding Securities of such series or Tranche not previously called for redemption, by such method as shall be provided for any particular series, or, in the absence of any such provision, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such series or Tranche or any integral multiple thereof) a portion of the principal amount of any Security of such series, provided that the portion of the principal amount of any Security not redeemed shall be in an authorized denomination (which shall not be less than the minimum authorized denomination) for such Security. If less than all the Securities of such series or Tranche and of a denomination larger specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than sixty (60) days prior to the minimum authorized denomination for Redemption Date by the Trustee, from the Outstanding Securities of such series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select specified tenor not previously called for redemption all or any principal amount of such Securities which have not been so tenderedin accordance with the preceding sentence. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected for partial redemption and, in the case of any Securities selected to be redeemed in part, and the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities Security which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Compass Bancshares Inc), Junior Subordinated Indenture (Compass Trust Iii)
Selection of Securities to be Redeemed. If Unless otherwise specified as contemplated by Section 3.1, if less than all the Securities (including interest coupons, if any) of any series, or any Tranche thereof, a series with the same terms are to be redeemed, the particular Trustee, not more than 45 days prior to the Redemption Date, shall select the Securities of the series to be redeemed shall be selected by the Trustee from the Outstanding Securities of in such series or Tranche not previously called for redemption, by such method as shall be provided for any particular series, or, in the absence of any such provision, by such method manner as the Trustee shall deem fair and appropriate appropriate. The Trustee shall make the selection from Securities of the series that are Outstanding and which that have not previously been called for redemption and may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities Securities, including interest coupons, if any, of such that series or Tranche or any integral multiple thereof) of the principal amount of Securities Securities, including interest coupons, if any, of such series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such series or Tranche; that series, provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any unredeemed portion of the principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and Security shall be in an authorized denomination (which shall not be less than all of such Securities as to which such offer was made shall have been tendered to the Company minimum -81- 90 authorized denomination) for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tenderedSecurity. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected by the Trustee for redemption and, in the case of any Securities selected to be redeemed in partfor partial redemption, the principal amount thereof to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Guarantor, any Affiliate or any Subsidiary of the Company or any Guarantor shall not be included in the Securities selected for redemption. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities (including interest coupons, if any) shall relate, in the case of any Securities (including interest coupons, if any) redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities (including interest coupons, if any) which has been or is to be redeemed.
Appears in 2 contracts
Samples: Senior Indenture (Allied Waste Industries Inc), Senior Indenture (Allied Waste Industries Inc)
Selection of Securities to be Redeemed. If Unless otherwise specified as contemplated by Section 3.1, if less than all the Securities (including interest -75- 84 coupons, if any) of any series, or any Tranche thereof, a series with the same terms are to be redeemed, the particular Trustee, not more than 45 days prior to the Redemption Date, shall select the Securities of the series to be redeemed shall be selected by the Trustee from the Outstanding Securities of in such series or Tranche not previously called for redemption, by such method as shall be provided for any particular series, or, in the absence of any such provision, by such method manner as the Trustee shall deem fair and appropriate appropriate. The Trustee shall make the selection from Securities of the series that are Outstanding and which that have not previously been called for redemption and may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities Securities, including interest coupons, if any, of such that series or Tranche or any integral multiple thereof) of the principal amount of Securities Securities, including interest coupons, if any, of such series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such series or Tranche; providedthat series, however, provided that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any unredeemed portion of the principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and Security shall be in an authorized denomination (which shall not be less than all of such Securities as to which such offer was made shall have been tendered to the Company minimum authorized denomination) for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tenderedSecurity. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected by the Trustee for redemption and, in the case of any Securities selected to be redeemed in partfor partial redemption, the principal amount thereof to be redeemed. If the Company shall so direct, Securities registered in the name of the Company or any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities (including interest coupons, if any) shall relate, in the case of any Securities (including interest coupons, if any) redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities (including interest coupons, if any) which has been or is to be redeemed.
Appears in 2 contracts
Samples: Senior Subordinated Indenture (Allied Waste Industries Inc), Senior Subordinated Indenture (Allied Waste Industries Inc)
Selection of Securities to be Redeemed. (a) If less than the Issuer shall at any time elect to redeem all or any portion of the Securities of any seriesa series then Outstanding, or any Tranche thereof, are it shall at least 30 days prior to the Redemption Date fixed by the Issuer (unless a shorter period shall be satisfactory to the Trustee) notify the Trustee of such Redemption Date and of the principal amount of Securities to be redeemed, the particular Securities to be redeemed shall be selected by and thereupon the Trustee from the Outstanding Securities of such series or Tranche not previously called for redemptionshall select, by lot or in such method as shall be provided for any particular series, or, in the absence of any such provision, by such method other manner as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such series or Tranche or any integral multiple thereof) a portion of the principal amount of Securities any Security of such series or Tranche series; provided that the unredeemed portion of a the principal amount of any Security shall be in an authorized denomination larger (which shall not be less than the minimum authorized denomination denomination) for Securities such Security. In any case where more than one Security of such series or Tranche; provided, however, that if, as indicated is registered in an Officer's Certificatethe same name, the Company shall have offered to purchase all or any Trustee may treat the aggregate principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all so registered as if it were represented by one Security of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tenderedseries. The Trustee shall promptly shall, as soon as practicable, notify the Company and the Security Registrar Issuer in writing of the Securities selected for redemption and, in the case and portions of any Securities selected to be redeemed in part, the principal amount thereof to be redeemed. so selected.
(b) For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which Security that has been or is to be redeemed. If the Issuer shall so direct, Securities registered in the name of the Issuer, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.
Appears in 2 contracts
Samples: Indenture (SL Green Operating Partnership, L.P.), Indenture (SL Green Operating Partnership, L.P.)
Selection of Securities to be Redeemed. (a) If less than the Company shall at any time elect to redeem all or any portion of the Securities of any seriesa series then Outstanding, it shall at least 15 calendar days (or any Tranche thereofsuch shorter period acceptable to the Trustee) prior to the date the notice of redemption is to be mailed, are notify the Trustee of such Redemption Date and of the principal amount of Securities to be redeemed, the particular Securities to be redeemed shall be selected by and thereupon the Trustee from the Outstanding Securities of such series or Tranche not previously called for redemptionshall select either pro rata, by lot or in such method as shall be provided for any particular series, or, in the absence of any such provision, by such method other manner as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such series or Tranche or any integral multiple thereof) a portion of the principal amount of Securities any Security of such series or Tranche series; provided that the unredeemed portion of a the principal amount of any Security shall be in an authorized denomination larger (which shall not be less than the minimum authorized denomination denomination) for Securities such Security. In any case where more than one Security of such series or Tranche; provided, however, that if, as indicated is registered in an Officer's Certificatethe same name, the Company shall have offered to purchase all or any Trustee may treat the aggregate principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all so registered as if it were represented by one Security of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tenderedseries. The Trustee shall promptly shall, as soon as practicable, notify the Company and the Security Registrar in writing of the Securities selected for redemption and, in the case and portions of any Securities selected to be redeemed in part, the principal amount thereof to be redeemed. so selected.
(b) For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which Security that has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.
Appears in 2 contracts
Samples: Indenture (Alkermes Plc.), Indenture (Dollar Thrifty Automotive Group Inc)
Selection of Securities to be Redeemed. If less than all the Securities are to be redeemed, the Issuer may select the series to be redeemed, and if less than all of the Securities of any series, or any Tranche thereof, series are to be redeemed, the particular Securities of that series to be redeemed shall be selected by the Trustee Issuer not more than 45 days prior to the Redemption Date from the Outstanding Securities of such that series or Tranche not previously called for redemption, by such method as shall be provided for by, (i) if the Securities are listed on any particular series, orStock Exchange, in compliance with the absence requirements of any the principal Stock Exchange on which the Securities are listed, (ii) on a pro rata basis to the extent practicable or (iii) to the extent that selection on a pro rata basis is not practicable by lot or such provision, by such other method as the Subordinated Trustee for the Securities of such series shall deem fair and appropriate and which may provide appropriate. The Issuer shall promptly notify in writing the Subordinated Trustee for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such series or Tranche or any integral multiple thereof) of the principal amount of Securities of such series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tendered. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected for redemption and, in the case of any Securities of a series selected to be redeemed in partfor partial redemption, the principal amount thereof to be redeemed. For all purposes of this Subordinated Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 2 contracts
Samples: Subordinated Indenture (Prudential Funding (Asia) PLC), Subordinated Indenture (Prudential PLC)
Selection of Securities to be Redeemed. (a) If less than the Company shall at any time elect to redeem all or any portion of the Securities of any seriesa series then Outstanding, or any Tranche thereof, are it shall at least 20 days prior to the Redemption Date fixed by the Company (unless a shorter period shall be satisfactory to the Trustee) notify the Trustee of such Redemption Date and of the principal amount of Securities to be redeemed, the particular Securities to be redeemed shall be selected by and thereupon the Trustee from shall select, on a pro rata basis to the Outstanding Securities of such series or Tranche not previously called for redemption, by such method as shall be provided for any particular seriesextent practicable, or, in the absence of if a pro rata basis is not practicable for any such provisionreason, by lot or in such method other manner as the Trustee shall deem fair and appropriate appropriate, and in any case in accordance with the applicable procedures of the Depositary to the extent applicable and which may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such series or Tranche or any integral multiple thereof) a portion of the principal amount of Securities any Security of such series or Tranche series; provided that the unredeemed portion of a the principal amount of any Security shall be in an authorized denomination larger (which shall not be less than the minimum authorized denomination denomination) for Securities such Security. In any case where more than one Security of such series or Tranche; provided, however, that if, as indicated is registered in an Officer's Certificatethe same name, the Company shall have offered to purchase all or any Trustee may treat the aggregate principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all so registered as if it were represented by one Security of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tenderedseries. The Trustee shall promptly shall, as soon as practicable, notify the Company and the Security Registrar in writing of the Securities selected for redemption and, in the case and portions of any Securities selected to be redeemed in part, the principal amount thereof to be redeemed. so selected.
(b) For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which Security that has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.
Appears in 2 contracts
Samples: Indenture (TAL INTERNATIONAL CONTAINER Corp), Indenture (TAL INTERNATIONAL CONTAINER Corp)
Selection of Securities to be Redeemed. If less than all the Securities of any series, or any Tranche thereof, series are to be redeemed (unless all of the Securities of such series and of a specified tenor are to be redeemed), the particular Securities to be redeemed shall be selected not more than 45 days prior to the Redemption Date by the Trustee Company or the Trustee, from the Outstanding Securities of such series or Tranche not previously called for redemption, by such method as shall be provided for any particular series, or, in the absence of any such provision, by such method as Company or the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such that series or Tranche or any integral multiple thereof) of the principal amount of Securities of such series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and . If less than all of the Securities of such series and of a specified tenor are to be redeemed, the particular Securities as to which such offer was made be redeemed shall have been tendered be selected not more than 45 days prior to the Redemption Date by the Company for such purchase, or the Trustee, if so directed by Company Order, shall select from the Outstanding Securities of such series and specified tenor not previously called for redemption all or any principal amount of such Securities which have not been so tenderedin accordance with the preceding sentence. The Trustee Company or the Trustee, as the case may be, shall promptly notify the Company and the Security Registrar other in writing of the Securities selected for redemption and, in the case of any Securities selected to be redeemed in partfor partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 2 contracts
Samples: Indenture (Health Management Associates Inc), Indenture (Health Management Associates Inc)
Selection of Securities to be Redeemed. If less than all the Securities of any series, or any Tranche thereof, series are to be redeemed (unless all of the Securities of such series of a specified tenor are to be redeemed, ) the particular Securities to be redeemed shall be selected not more than 45 days prior to the Redemption Date by the Trustee Company or the Trustee, from the Outstanding Securities of such series or Tranche not previously called for redemption, by such method as shall be provided for any particular series, or, in the absence of any such provision, by such method as Company or the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such that series or Tranche or any integral multiple thereof) of the principal amount of Registered Securities of such series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such that series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, of the Company shall have offered to purchase all or any principal amount of the global Securities then Outstanding of any such series, or any Tranche thereof, and . If less than all of the Securities of such series and of a specified tenor are to be redeemed, the particular Securities as to which such offer was made be redeemed shall have been tendered be selected not more than 45 days prior to the Redemption Date by the Company for such purchase, or the Trustee, if so directed by Company Order, shall select from INDENTURE -54- 61 the Outstanding Securities of such series and specified tenor not previously called for redemption all or any principal amount of such Securities which have not been so tenderedin accordance with the preceding sentence. The Trustee Company or the Trustee, as the case may be, shall promptly notify the Company and the Security Registrar other in writing of the Securities selected for redemption and, in the case of any Securities selected to be redeemed in partfor partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 2 contracts
Samples: Senior Indenture (Newfield Financial Trust Ii), Senior Indenture (Newfield Exploration Co /De/)
Selection of Securities to be Redeemed. If less than all the Securities of any series, or any Tranche thereof, series are to be redeemed (unless all of the Securities of such series of a specified tenor are to be redeemed, ) the particular Securities to be redeemed shall be selected not more than 45 days prior to the Redemption Date by the Trustee Company or the Trustee, from the Outstanding Securities of such series or Tranche not previously called for redemption, by such method as shall be provided for any particular series, or, in the absence of any such provision, by such method as Company or the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such that series or Tranche or any integral multiple thereof) of the principal amount of Registered Securities of such series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such that series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, of the Company shall have offered to purchase all or any principal amount of the global Securities then Outstanding of any such series, or any Tranche thereof, and . If less than all of the Securities of such series and of a specified tenor are to be redeemed, the particular Securities as to which such offer was made be redeemed shall have been tendered be selected not more than 45 days prior to the Redemption Date by the Company for such purchase, or the Trustee, if so directed by Company Order, shall select from the Outstanding Securities of such series and specified tenor not previously called for redemption all or any principal amount of such Securities which have not been so tenderedin accordance with the preceding sentence. The Trustee Company or the Trustee, as the case may be, shall promptly notify the Company and the Security Registrar other in writing of the Securities selected for redemption and, in the case of any Securities selected to be redeemed in partfor partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed. If any Security selected for partial redemption is surrendered for conversion after such selection, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Upon any redemption of less than all the Securities of a series, for purposes of selection for redemption the Company and the Trustee may treat as Outstanding Securities surrendered for conversion during the period of 15 days next preceding the mailing of a notice of redemption, and need not treat as Outstanding any Security authenticated and delivered during such period in exchange for the unconverted portion of any Security converted in part during such period.
Appears in 2 contracts
Samples: Subordinated Indenture (Newfield Exploration Co /De/), Subordinated Indenture (Newfield Financial Trust Ii)
Selection of Securities to be Redeemed. If Unless otherwise specified as contemplated by Section 3.1, if less than all the Securities (including interest coupons, if any) of any series, or any Tranche thereof, a series with the same terms are to be redeemed, the particular Trustee, not more than 45 days prior to the Redemption Date, shall select the Securities of the series to be redeemed shall be selected by the Trustee from the Outstanding Securities of in such series or Tranche not previously called for redemption, by such method as shall be provided for any particular series, or, in the absence of any such provision, by such method manner as the Trustee shall deem fair and appropriate appropriate. The Trustee shall make the selection from Securities of the series that are Outstanding and which that have not previously been called for redemption and may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities Securities, including interest coupons, if any, of such that series or Tranche or any integral multiple thereof) of the principal amount of Securities Securities, including interest coupons, if any, of such series or Tranche of a denomination larger than the minimum 91 100 authorized denomination for Securities of such series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tendered. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected by the Trustee for redemption and, in the case of any Securities selected to be redeemed in partfor partial redemption, the principal amount thereof to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities (including interest coupons, if any) shall relate, in the case of any Securities (including interest coupons, if any) redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities (including interest coupons, if any) which has been or is to be redeemed.
Appears in 2 contracts
Samples: Subordinated Indenture (Mapco Inc), Subordinated Indenture (Mapco Inc)
Selection of Securities to be Redeemed. If less than all the Securities of any series, or any Tranche thereof, are to be redeemed, the particular Securities to be redeemed shall be selected by the Trustee from the Outstanding Securities of such series or Tranche not previously called for redemption, by such method as shall be provided for any particular seriesseries or Tranche, or, in the absence of any such provision, by such method as the Trustee shall deem fair and appropriate and which may may, in any case, provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such series or Tranche or any integral multiple thereof) of the principal amount of Securities of such series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tendered. The Trustee shall promptly notify the Company Company, the Guarantor and the Security Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected to be redeemed in part, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 2 contracts
Samples: Indenture (FPL Group Inc), Indenture (FPL Group Capital Inc)
Selection of Securities to be Redeemed. If less than all the Securities of any series, or any Tranche thereof, series are to be redeemedredeemed by partial redemption (unless all of the Securities of such series and of a specified tenor are to be redeemed or such series is comprised of a single Security), the particular Securities to be redeemed shall be selected by not more than 60 days prior to the Trustee Redemption Date, from the Outstanding Securities of such series or Tranche not previously called for redemption, by such method as shall be provided for any particular seriesin accordance with the policies and procedures of the Trustee, oror in accordance with the applicable procedures of the Depositary, in the absence of any such provision, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such that series or Tranche or any integral multiple thereofof such denomination) of the principal amount of Securities of such series or Tranche of a denomination larger than the minimum authorized denomination for Securities of that series. If less than all of the Securities of such series or Tranche; provided, however, that if, as indicated in an Officer's Certificateand of a specified tenor are to be redeemed (unless such series is comprised of a single Security), the Company particular Securities to be redeemed shall have offered be selected not more than 60 days prior to purchase all the Redemption Date in accordance with the applicable procedures of the Depositary from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. The provisions of the preceding paragraph and this paragraph shall not apply with respect to the redemption of a series of Securities comprised of a single Security, whether such Security is to be redeemed in whole or in part. In the case of any such redemption in part, the unredeemed portion of the principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and Security shall be in an authorized denomination (which shall not be less than all the minimum authorized denomination) of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tendered. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected to be redeemed in part, the principal amount thereof to be redeemedSecurity. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 2 contracts
Samples: Indenture (Abacus Life, Inc.), Indenture (Abacus Life, Inc.)
Selection of Securities to be Redeemed. If less fewer than all the Securities of any series, or any Tranche thereof, are to be redeemed, the Trustee shall select the particular Securities to be redeemed shall be selected by the Trustee from the Outstanding Securities of such series on a pro rata basis or Tranche not previously called for redemption, by such lot or in accordance with any other method as the Trustee considers fair and appropriate. Securities and portions thereof that the Trustee selects shall be provided for any particular series, or, in the absence of any such provision, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions (amounts equal to the minimum authorized denomination denominations for Securities of such series or Tranche to be redeemed or any integral multiple thereof) . If any Securities are to be redeemed in part only, a new Security or Securities in principal amount equal to the unredeemed principal portion thereof will be issued. If any Security selected for partial redemption is converted in part before termination of the principal amount conversion right with respect to the portion of Securities the Security so selected, the converted portion of such series or Tranche of a denomination larger than Security shall be deemed to be the minimum authorized denomination portion selected for Securities of such series or Tranche; redemption (provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all Holder of such Securities Security so converted and deemed redeemed shall not be entitled to any additional interest payment as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount a result of such deemed redemption than such Holder would have otherwise been entitled to receive upon conversion of such Security). Securities which have not been so tenderedconverted during a selection of Securities to be redeemed may be treated by the Trustee as Outstanding for the purpose of such selection. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected to be redeemed in partfor partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 2 contracts
Samples: Indenture (Vertex Pharmaceuticals Inc / Ma), Indenture (Vertex Pharmaceuticals Inc / Ma)
Selection of Securities to be Redeemed. If Unless otherwise -------------------------------------- specified as contemplated by Section 3.1, if less than all the Securities (including coupons, if any) of any series, or any Tranche thereof, a series with the same terms are to be redeemed, the particular Trustee, not more than 45 days prior to the redemption date, shall select the Securities of the series to be redeemed shall be selected by the Trustee from the Outstanding Securities of in such series or Tranche not previously called for redemption, by such method as shall be provided for any particular series, or, in the absence of any such provision, by such method manner as the Trustee shall deem fair and appropriate appropriate. The Trustee shall make the selection from Securities of the series that are Outstanding and which that have not previously been called for redemption and may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities Securities, including coupons, if any, of such that series or Tranche or any integral multiple thereof) of the principal amount of Securities Securities, including coupons, if any, of such series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tendered. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected by the Trustee for redemption and, in the case of any Securities selected to be redeemed in partfor partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities (including coupons, if any) shall relate, in the case of any Securities (including coupons, if any) redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which (including coupons, if any) that has been or is to be redeemed.
Appears in 2 contracts
Samples: Indenture (Acterna Corp), Subordinated Indenture (Acterna Corp)
Selection of Securities to be Redeemed. If less than all the Securities of any series, or any Tranche thereof, are to be redeemed, the particular Securities to be redeemed shall be selected by the Trustee Security Registrar from the Outstanding Securities of such series or Tranche not previously called for redemption, by such method as shall be provided for any particular seriessuch series or Tranche, or, in the absence of any such provision, by such method of random selection as the Trustee Security Registrar shall deem fair and appropriate and which may may, in any case, provide for the selection for redemption of portions (equal to the minimum in any authorized denomination for Securities of such series or Tranche or any integral multiple thereofTranche) of the principal amount of Securities of such series or Tranche of having a denomination larger than the minimum authorized denomination for Securities of such series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the TrusteeSecurity Registrar, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tendered. The Trustee Security Registrar shall promptly notify the Company and the Security Registrar Trustee in writing of the Securities selected for redemption and, in the case of any Securities selected to be redeemed in part, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 2 contracts
Samples: Indenture (Dqe Capital Corp), Indenture (Dqe Capital Corp)
Selection of Securities to be Redeemed. If Unless otherwise specified as contemplated by Section 3.1, if less than all the Securities (including coupons, if any) of any series, or any Tranche thereof, a series with the same terms are to be redeemed, the particular Trustee, not more than 45 days prior to the redemption date, shall select the Securities of the series to be redeemed shall be selected pro rata or by lot or by any other method utilized by the Trustee. The Trustee shall make the selection from the Outstanding Securities of such the series or Tranche that are Outstanding and that have not previously been called for redemption, by such method as shall be provided for any particular series, or, in the absence of any such provision, by such method as the Trustee shall deem fair redemption and appropriate and which may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities Securities, including coupons, if any, of such that series or Tranche or any integral multiple thereof) of the principal amount of Securities Securities, including coupons, if any, of such series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tendered. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected by the Trustee for redemption and, in the case of any Securities selected to be redeemed in partfor partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities (including coupons, if any) shall relate, in the case of any Securities (including coupons, if any) redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities (including coupons, if any) which has been or is to be redeemed.
Appears in 2 contracts
Samples: Indenture (Public Service Co of North Carolina Inc), Indenture Agreement (Public Service Co of North Carolina Inc)
Selection of Securities to be Redeemed. (a) If less than the Issuers shall at any time elect to redeem all or any portion of the Securities of any seriesa series then Outstanding, or any Tranche thereof, are it shall at least 10 days prior to the date the notice must be sent to the Holders pursuant to Section 4.03(a) (unless a shorter period shall be satisfactory to the Trustee) notify the Trustee of such Redemption Date and of the principal amount of Securities to be redeemed, the particular Securities to be redeemed shall be selected by and thereupon, if redemption is in part, the Trustee from the Outstanding Securities of such series or Tranche not previously called for redemptionshall select, by lot or in such method as shall be provided for any particular series, or, in the absence of any such provision, by such method other manner as the Trustee shall deem fair appropriate, and appropriate subject to applicable procedures of the Depositary, and which may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such series or Tranche or any integral multiple thereof) a portion of the principal amount of Securities any Security of such series or Tranche series; provided that the unredeemed portion of a the principal amount of any Security shall be in an authorized denomination larger (which shall not be less than the minimum authorized denomination denomination) for Securities such Security. In any case where more than one Security of such series or Tranche; provided, however, that if, as indicated is registered in an Officer's Certificatethe same name, the Company shall have offered to purchase all or any Trustee may treat the aggregate principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all so registered as if it were represented by one Security of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tenderedseries. The Trustee shall promptly shall, as soon as practicable, notify the Company and the Security Registrar Issuers in writing of the Securities selected for redemption and, in the case and portions of any Securities selected to be redeemed in part, the principal amount thereof to be redeemed. so selected.
(b) For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which Security that has been or is to be redeemed. If the Issuers shall so direct, Securities registered in the name of the Issuers or any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.
Appears in 2 contracts
Samples: Indenture (J C Penney Co Inc), Indenture (J C Penney Co Inc)
Selection of Securities to be Redeemed. If In the event that less than all of the Securities of any series, or any Tranche thereof, a series are to be redeemedredeemed at any time, the particular selection of such Securities to for redemption will be redeemed shall be selected made by the Trustee from in compliance with any applicable requirements of the Outstanding principal national securities exchange, if any, on which the Securities of such series are listed or, if the Securities of such series are not then listed on a national securities exchange (or Tranche if the Securities of such series are so listed but the exchange does not previously called impose requirements with respect to the selection of debt securities for redemption), on a pro rata basis, by such method as shall be provided for any particular series, or, in the absence of any such provision, lot or by such method as the Trustee in its sole discretion shall deem fair and appropriate and which may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such series or Tranche or any integral multiple thereof) of the principal amount of Securities of such series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such series or Trancheappropriate; provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any no Securities of a principal amount at maturity of the Securities then Outstanding of any series, $1,000 or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tenderedbe redeemed in part. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities of such series selected for redemption and, in the case of any Securities of such series selected to be redeemed in partfor partial redemption, the principal amount at maturity thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities Security which has been or is to be redeemed.
Appears in 2 contracts
Samples: Indenture (RCN Corp /De/), Indenture (Cccisg Capital Trust)
Selection of Securities to be Redeemed. If Unless otherwise specified as contemplated by Section 3.1, if less than all the Securities (including interest coupons, if any) of any series, or any Tranche thereof, a series with the same terms are to be redeemed, the particular Trustee, not more than 45 days prior to the Redemption Date, shall select the Securities of the series to be redeemed shall be selected by the Trustee from the Outstanding Securities of in such series or Tranche not previously called for redemption, by such method as shall be provided for any particular series, or, in the absence of any such provision, by such method manner as the Trustee shall deem fair and appropriate appropriate. The Trustee shall make the selection from Securities of the series that are Outstanding and which that have not previously been called for redemption and may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities Securities, including interest coupons, if any, of such that series or Tranche or any integral multiple thereof) of the -83- 92 principal amount of Securities Securities, including interest coupons, if any, of such series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such series or Tranche; providedthat series, however, provided that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any unredeemed portion of the principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and Security shall be in an authorized denomination (which shall not be less than all of such Securities as to which such offer was made shall have been tendered to the Company minimum authorized denomination) for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tenderedSecurity. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected by the Trustee for redemption and, in the case of any Securities selected to be redeemed in partfor partial redemption, the principal amount thereof to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Guarantor, any Affiliate or any Subsidiary of the Company or any Guarantor shall not be included in the Securities selected for redemption. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities (including interest coupons, if any) shall relate, in the case of any Securities (including interest coupons, if any) redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities (including interest coupons, if any) which has been or is to be redeemed.
Appears in 2 contracts
Samples: Senior Subordinated Indenture (Allied Waste Industries Inc), Senior Subordinated Indenture (Allied Waste Industries Inc)
Selection of Securities to be Redeemed. If less than all the Securities of any series, or any Tranche thereof, are to be redeemed, the particular Securities to be redeemed shall be selected by the Trustee from the Outstanding Securities of such series or Tranche not previously called for redemption, by such method as shall be provided for any such particular seriesseries or Tranche, or, or in the absence of any such provision, by such method of random selection as the Trustee shall deem fair and appropriate and which may may, in any case, provide for the selection for redemption of portions (equal to the minimum any authorized denomination for Securities of such series or Tranche or any integral multiple thereofTranche) of the principal amount of Securities of such series or Tranche of a denomination larger than the minimum authorized denomination for Securities of such series or Tranche; provided, however, that if, as indicated in an Officer's ’s Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tendered. The Trustee shall promptly notify the Company and the Security Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected to be redeemed in part, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 2 contracts
Samples: First Mortgage (Duke Energy Ohio, Inc.), First Mortgage (Duke Energy Ohio, Inc.)
Selection of Securities to be Redeemed. If less than all the Securities of any series, or any Tranche thereof, are to be redeemed, the particular Securities to be redeemed shall be selected by the Trustee Security Registrar from the Outstanding Securities of such series or Tranche not previously called for redemption, by such method as shall be provided for by any particular seriesseries or Tranche, or, in the absence of any such provision, by such method of random selection as the Trustee Security Registrar shall deem fair and appropriate and which may may, in any case, provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such series or Tranche or any integral multiple thereof) of the principal amount of Securities of such series or Tranche of having a denomination larger than the minimum authorized denomination for Securities of such series or Tranche; provided, however, that if, as indicated in an Officer's ’s Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the TrusteeSecurity Registrar, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tendered. The Trustee Security Registrar shall promptly notify the Company and the Security Registrar Trustee in writing of the Securities selected for redemption and, in the case of any Securities selected to be redeemed in part, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which has been or is to be redeemed.
Appears in 2 contracts
Samples: Supplemental Indenture (SOUTH JERSEY GAS Co), First Mortgage Indenture (South Jersey Industries Inc)
Selection of Securities to be Redeemed. (a) If less than the Company shall at any time elect to redeem all or any portion of the Securities of any seriesa series then Outstanding, it shall at least 30 days prior to the Redemption Date fixed by the Company (unless a shorter period is specified in the Securities to be redeemed or any Tranche thereof, are shall be satisfactory to the Trustee) notify the Trustee of such Redemption Date and of the principal amount of Securities to be redeemed, the particular Securities to be redeemed shall be selected by and thereupon the Trustee from the Outstanding Securities of such series or Tranche not previously called for redemptionshall select, by lot or in such method as shall be provided for any particular series, or, in the absence of any such provision, by such method other manner as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such series or Tranche or any integral multiple thereof) a portion of the principal amount of Securities any Security of such series or Tranche series; provided that the unredeemed portion of a the principal amount of any Security shall be in an authorized denomination larger (which shall not be less than the minimum authorized denomination denomination) for Securities such Security. In any case where more than one Security of such series or Tranche; provided, however, that if, as indicated is registered in an Officer's Certificatethe same name, the Company shall have offered to purchase all or any Trustee may treat the aggregate principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and less than all so registered as if it were represented by one Security of such Securities as to which such offer was made shall have been tendered to the Company for such purchase, the Trustee, if so directed by Company Order, shall select for redemption all or any principal amount of such Securities which have not been so tenderedseries. The Trustee shall promptly shall, as soon as practicable, notify the Company and the Security Registrar in writing of the Securities selected for redemption and, in the case and portions of any Securities selected to be redeemed in part, the principal amount thereof to be redeemed. so selected.
(b) For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities which Security that has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.
Appears in 2 contracts
Samples: Indenture (Green Bancorp, Inc.), Indenture (Green Bancorp, Inc.)
Selection of Securities to be Redeemed. If less than all the Securities of like tenor and terms of any series, or any Tranche thereof, series (a “Tranche”) are to be redeemed, the particular Securities to be redeemed shall be selected by the Trustee selected, from the Outstanding Securities of such series or Tranche not previously called for redemptionredemption in accordance with applicable procedures of the Depository. Unless otherwise provided in the terms of a particular series of Securities, by such method as the portions of the principal of Securities so selected for partial redemption shall be provided for any particular series, or, in the absence of any such provision, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of portions (equal to the minimum authorized denomination for of the Securities of such series series, or Tranche or any an integral multiple thereof) of , and the principal amount of Securities of such series or Tranche of a denomination larger which remains outstanding shall not be less than the minimum authorized denomination for Securities of such series or Tranche; provided, however, that if, as indicated in an Officer's Certificate, the Company shall have offered to purchase all or any principal amount of the Securities then Outstanding of any series, or any Tranche thereof, and . If less than all the Securities of such Securities as unlike tenor and terms of a series are to which such offer was made shall have been tendered to the Company for such purchasebe redeemed, the Trusteeparticular Tranche of Securities to be redeemed shall be selected by the Company. With respect to Securities of a series that are not represented by Global Securities, if so directed by Company Order, Securities shall select be excluded from eligibility for selection for redemption all or any principal amount if they are identified by registration and certificate number in a written statement signed by a Responsible Officer of such Securities which have not been so tendered. The Trustee shall promptly notify the Company and delivered to the Security Registrar Trustee at least 45 days prior to the Redemption Date (unless a shorter period shall be reasonably satisfactory to the Trustee) as being owned of record and beneficially by, and not pledged or hypothecated by either, (a) the Company or (b) an entity specifically identified in writing such written statement as being an Affiliate of the Securities selected for redemption and, in the case of any Securities selected to be redeemed in part, the principal amount thereof to be redeemedCompany. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Securities Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities Security which has been or is to be redeemed.
Appears in 2 contracts
Samples: Indenture (Invesco Mortgage Capital Inc.), Indenture (Invesco Mortgage Capital Inc.)