Common use of Selection of Securities to be Redeemed Clause in Contracts

Selection of Securities to be Redeemed. (a) If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected not more than sixty (60) days prior to the Redemption Date by the Trustee from the Outstanding Securities not previously called for redemption, by such method 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 or each Security, 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. (b) The Trustee shall promptly notify the Company in writing of the Securities selected for redemption and, in the case of any Securities selected for 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 Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security that has been or is to be redeemed. (c) The provisions of paragraphs (a) and (b) of this Section 11.4 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.

Appears in 51 contracts

Samples: Junior Subordinated Indenture (Entegra Financial Corp.), Junior Subordinated Indenture (Ameris Bancorp), Junior Subordinated Indenture (Huntington Bancshares Inc/Md)

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Selection of Securities to be Redeemed. (a) If less than all the Securities of any 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 sixty (60) 60 days prior to the Redemption Date by the Trustee Trustee, from the Outstanding Securities of such series not previously called for redemption, by such method as the Trustee shall deem fair and appropriate and which that may provide for the selection for redemption of a portion of the principal amount of any or each Security, provided, 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 and of a specified tenor are to be redeemed (b) 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 and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee shall promptly notify the Company in writing of the Securities selected for partial redemption and, in the case of any Securities selected for partial redemption, 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 Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security that has been or is to be redeemed. (c) The provisions of paragraphs (a) and (b) of this Section 11.4 . If the Company shall not apply with respect to any redemption affecting only a single Securityso direct, whether such Security is to be redeemed Securities registered in whole or in part. In the case of any such redemption in part, the unredeemed portion name of the principal amount of the Security shall be in an authorized denomination (which Company, any Affiliate or any Subsidiary thereof shall not be less than included in the minimum authorized denomination) Securities selected for such Securityredemption.

Appears in 4 contracts

Samples: Junior Subordinated Indenture (Resource Capital Trust I), Junior Subordinated Indenture (Southern Financial Capital Trust I), Junior Subordinated Indenture (Guaranty Capital Trust I)

Selection of Securities to be Redeemed. (a) If less than all the Securities of any series are to be redeemed, redeemed (unless all the particular Securities of such series and of a specified tenor are to be redeemed shall or unless such redemption affects only a single Security), the Securities will be selected not more than sixty (60) days prior to the Redemption Date by the Trustee from the Outstanding Securities not previously called for redemptionredeemed on a pro rata basis, by such method 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 or each Security, provided, 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 and of a specified tenor are to be redeemed (b) 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 and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee shall promptly notify the Company in writing of the Securities selected for partial redemption and, in the case of any Securities selected for partial redemption, 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 Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security that which has been or is to be redeemed. (c) The provisions of paragraphs (a) and (b) of this Section 11.4 . If the Company shall not apply with respect to any redemption affecting only a single Securityso direct, whether such Security is to be redeemed Securities registered in whole or in part. In the case of any such redemption in part, the unredeemed portion name of the principal amount of the Security shall be in an authorized denomination (which Company, any Affiliate or any Subsidiary thereof shall not be less than included in the minimum authorized denomination) Securities selected for such Securityredemption.

Appears in 4 contracts

Samples: Indenture (Provident Capital Trust Iv), Indenture (Comerica Capital Trust Ii), Indenture (Provident Capital Trust Iii)

Selection of Securities to be Redeemed. (a) If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected and redeemed on a pro rata basis not more than sixty (60) days prior to the Redemption Date by the Trustee from the Outstanding Securities not previously called for redemption, by such method 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 or each Security, 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.. [TPW: NYLEGAL:665375.4] 20965-00009 07/19/2007 07:27 PM (b) The Trustee shall promptly notify the Company in writing of the Securities selected for redemption and, in the case of any Securities selected for 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 Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security that has been or is to be redeemed. (c) The provisions of paragraphs (a) and (b) of this Section 11.4 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.

Appears in 2 contracts

Samples: Trust Agreement (Independent Bank Corp /Mi/), Junior Subordinated Indenture (Independent Bank Corp /Mi/)

Selection of Securities to be Redeemed. (a) If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected on a pro rata basis not more than sixty (60) days prior to the Redemption Date by the Trustee from the Outstanding Securities not previously called for redemption, by such method 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 or each Security, 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. (b) The Trustee shall promptly notify the Company in writing of the Securities selected for redemption and, in the case of any Securities selected for 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 Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security that has been or is to be redeemed. (c) The provisions of paragraphs (a) and (b) of this Section 11.4 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.

Appears in 2 contracts

Samples: Junior Subordinated Indenture (Bluegreen Corp), Junior Subordinated Indenture (Bluegreen Corp)

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 are to be redeemedof a series then Outstanding, the particular Securities to be redeemed it shall be selected not more than sixty (60) at least 35 days prior to the Redemption Date fixed by the Issuer (unless a shorter period shall be satisfactory to the Trustee) notify the Trustee from of such Redemption Date and of the Outstanding principal amount of Securities not previously called for redemptionto be redeemed, and thereupon the Trustee shall, in accordance with the procedures of the Depositary, select, by lot or in such method as the Trustee shall deem fair and appropriate and other manner which may provide for the selection for redemption of a portion of the principal amount of any or each Security, provided, 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. 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 Issuer in writing of the Securities and portions of Securities so selected. (b) The Trustee shall promptly notify the Company in writing of the Securities selected for redemption and, in the case of any Securities selected for 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 Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security that has been or is to be redeemed. (c) The provisions of paragraphs (a) and (b) of this Section 11.4 . If the Issuer shall not apply with respect to any redemption affecting only a single Securityso direct, whether such Security is to be redeemed Securities registered in whole or in part. In the case of any such redemption in part, the unredeemed portion name of the principal amount of the Security shall be in an authorized denomination (which Issuer, any Affiliate or any Subsidiary thereof shall not be less than included in the minimum authorized denomination) Securities selected for such Securityredemption.

Appears in 2 contracts

Samples: Indenture (Healthpeak OP, LLC), Supplemental Indenture (Healthpeak Properties, Inc.)

Selection of Securities to be Redeemed. (a) If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected not more than sixty (60) 60 days prior to the Redemption Date by the Trustee from the Outstanding Securities not previously called for redemption, by such method 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 or each Security, 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. (b) The Trustee shall promptly notify the Company in writing of the Securities selected for redemption and, in the case of any Securities selected for 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 Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security that has been or is to be redeemed. (c) The provisions of paragraphs (a) and (b) of this Section 11.4 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.

Appears in 2 contracts

Samples: Junior Subordinated Indenture (Vib Corp), Junior Subordinated Indenture (Bnccorp Inc)

Selection of Securities to be Redeemed. (a) If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected not more than sixty (60) days prior to the Redemption Date by the Trustee from the Outstanding Securities not previously called for redemption, by such method 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 or each Security, 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.. Exhibit D (b) The Trustee shall promptly notify the Company in writing of the Securities selected for redemption and, in the case of any Securities selected for 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 Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security that has been or is to be redeemed. (c) The provisions of paragraphs (a) and (b) of this Section 11.4 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.

Appears in 2 contracts

Samples: Trust Agreement (United Community Bancorp), Trust Agreement (United Community Bancorp)

Selection of Securities to be Redeemed. (a) If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected not more than sixty (60) days prior to the Redemption Date by the Trustee from the Outstanding Securities not previously called for redemption, by such method 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 or each Security, 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.. 58 (b) The Trustee shall promptly notify the Company in writing of the Securities selected for redemption and, in the case of any Securities selected for 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 Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security that has been or is to be redeemed. (c) The provisions of paragraphs (a) and (b) of this Section 11.4 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.

Appears in 2 contracts

Samples: Junior Subordinated Indenture (Simmons First National Corp), Junior Subordinated Indenture (Simmons First National Corp)

Selection of Securities to be Redeemed. (a) If less than all the Series A Securities or Series B Securities, as the case may be, are to be redeemed, the particular Securities of such Series to be redeemed shall be selected and redeemed on a pro rata basis not more than sixty (60) days prior to the Redemption Date by the Trustee from the Outstanding Securities of such Series not previously called for redemption, by such method 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 or each Security, provided, that the unredeemed portion of the principal amount of any Security of such Series shall be in an authorized denomination (which shall not be less than the minimum authorized denomination) for such SecuritySecurity of such Series. (b) The Trustee shall promptly notify the Company in writing of the Securities of such Series selected for redemption and, in the case of any Securities of such Series selected for 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 Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security that has been or is to be redeemed. (c) The provisions of paragraphs (a) and (b) of this Section 11.4 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.

Appears in 2 contracts

Samples: Junior Subordinated Indenture (Bimini Capital Management, Inc.), Junior Subordinated Indenture (Northstar Realty)

Selection of Securities to be Redeemed. (a) If less than all the -------------------------------------- Securities of any 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 sixty (60) 60 days prior to the Redemption Date by the Trustee Trustee, from the Outstanding Securities of such series not previously called for redemption, by such method as the Trustee shall deem fair and appropriate and which that may provide for the selection for redemption of a portion of the principal amount of any or each Security, provided, 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 and of a specified tenor are to be redeemed (b) 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 and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee shall promptly notify the Company in writing of the Securities selected for partial redemption and, in the case of any Securities selected for partial redemption, 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 Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security that has been or is to be redeemed. (c) The provisions of paragraphs (a) and (b) of this Section 11.4 . If the Company shall not apply with respect to any redemption affecting only a single Securityso direct, whether such Security is to be redeemed Securities registered in whole or in part. In the case of any such redemption in part, the unredeemed portion name of the principal amount of the Security shall be in an authorized denomination (which Company, any Affiliate or any Subsidiary thereof shall not be less than included in the minimum authorized denomination) Securities selected for such Securityredemption.

Appears in 2 contracts

Samples: Junior Subordinated Indenture (Commonwealth Bankshares Inc), Junior Subordinated Indenture (Commonwealth Bankshares Inc)

Selection of Securities to be Redeemed. (a) If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected not more than sixty (60) days prior to the Redemption Date by the Trustee from the Outstanding Securities not previously called for redemption, by such method 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 or each Security, 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.. EXHIBIT D (b) The Trustee shall promptly notify the Company in writing of the Securities selected for redemption and, in the case of any Securities selected for 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 Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security that has been or is to be redeemed. (c) The provisions of paragraphs (a) and (b) of this Section 11.4 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.

Appears in 2 contracts

Samples: Trust Agreement (Hanmi Financial Corp), Trust Agreement (Hanmi Financial Corp)

Selection of Securities to be Redeemed. (a) If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected not more than sixty (60) 60 days prior to the Redemption Date by the Trustee Trustee, from the Outstanding Securities not previously called for redemption, by lot or such other method 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 or each Security, provided, 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. (b) . The Trustee shall promptly notify the Company Corporation in writing of the Securities selected for partial redemption and, in the case of any Securities selected for partial redemption, 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 Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security that which has been or is to be redeemed. (c) The provisions of paragraphs (a) and (b) of this Section 11.4 . If the Corporation shall not apply with respect to any redemption affecting only a single Securityso direct, whether such Security is to be redeemed Securities registered in whole or in part. In the case of any such redemption in part, the unredeemed portion name of the principal amount of the Security shall be in an authorized denomination (which Corporation, any Affiliate or any Subsidiary thereof shall not be less than included in the minimum authorized denomination) Securities selected for such Securityredemption.

Appears in 2 contracts

Samples: Junior Subordinated Indenture (Riggs National Corp), Junior Subordinated Indenture (Riggs Capital Ii)

Selection of Securities to be Redeemed. (a) If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected not more than sixty (60) days prior to the Redemption Date by the Trustee from the Outstanding Securities not previously called for redemption, by such method 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 or each Security, providedPROVIDED, 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. (b) The Trustee shall promptly notify the Company in writing of the Securities selected for redemption and, in the case of any Securities selected for 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 Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security that has been or is to be redeemed. (c) The provisions of paragraphs (a) and (b) of this Section SECTION 11.4 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.

Appears in 2 contracts

Samples: Junior Subordinated Indenture (Bankatlantic Bancorp Inc), Junior Subordinated Indenture (Bankatlantic Bancorp Inc)

Selection of Securities to be Redeemed. (a) If less than all the Securities of any series are to be redeemed, the particular Securities to be redeemed shall be selected not more than sixty (60) 60 days prior to the Redemption Date by the Trustee from the Outstanding Securities of such series not previously called for redemption, by such method 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 or each SecuritySecurity 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. (b) The Trustee shall promptly notify the Company in writing of the Securities selected for redemption and, in the case of any Securities selected for 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 Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security that has been or is to be redeemed. (c) The provisions of paragraphs (a) and (b) of this Section 11.4 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.

Appears in 2 contracts

Samples: Junior Subordinated Indenture (MRM Capital Trust Iii), Junior Subordinated Indenture (MRM Capital Trust Iii)

Selection of Securities to be Redeemed. (a) If less than all the Securities of any series are to be redeemed, the particular Securities to be redeemed shall be selected not more than sixty (60) 60 days prior to the Redemption Date by the Trustee Trustee, from the Outstanding Securities of such series not previously called for redemption, by such method 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 or each SecuritySecurity 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. (b) The Trustee shall promptly notify the Company in writing of the Securities selected for redemption and, in the case of any Securities selected for 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 Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security that has been or is to be redeemed and, if less than all the Outstanding Securities of any series consisting of a single Security are to be redeemed, the principal amount of the particular Security to be redeemed. (c) The provisions of paragraphs (a) and (b) of this Section 11.4 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.

Appears in 2 contracts

Samples: Senior Indenture (MRM Capital Trust Iii), Senior Indenture (Mutual Risk Management LTD)

Selection of Securities to be Redeemed. (a) If the Company has elected to redeem less than all the Securities are pursuant to be redeemedparagraph 6 of the Securities, the particular Trustee shall, within five (5) Business Days after receiving the notice specified in Section 3.07, select the Securities to be redeemed shall be selected by lot, on a pro rata basis or in accordance with any other method the Trustee considers fair and appropriate, provided such method is not more than sixty (60) days prior to the Redemption Date prohibited by the rules of any stock exchange or quotation association on which the Securities or the Common Stock may then be traded or quoted. The Trustee shall make such selection from the Outstanding Securities then outstanding and not already to be redeemed by virtue of having been previously called for redemption, by such method as Redemption. Securities and portions of them the Trustee shall deem fair and appropriate and which may provide selects for the selection for redemption of a portion of the principal amount of any or each Security, provided, that the unredeemed portion of the principal amount of any Security Redemption shall be in an authorized denomination (which shall not be less than the minimum authorized denomination) for such Security. (b) amounts of $1,000 principal amount or integral multiples of $1,000 principal amount. The Trustee shall promptly notify the Company in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption, Redemption and the principal amount thereof to be redeemed. For all purposes The Security Registrar need not register the transfer of this Indentureor exchange any Securities that have been selected for Redemption, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security that has been or is to be redeemed. (c) The provisions of paragraphs (a) and (b) of this Section 11.4 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, except the unredeemed portion of the principal amount Securities being redeemed in part. Notwithstanding anything in this Supplemental Indenture, the Base Indenture or the Securities to the contrary, the reference, in the eighth (8th) paragraph of Section 3.05 of the Security shall Base Indenture, to “Section 11.05” shall, for purposes of the Securities, be in an authorized denomination (which shall not deemed to be less than replaced with the minimum authorized denomination) for such Securityphrase “Section 3.08 of the Supplemental Indenture”.

Appears in 2 contracts

Samples: First Supplemental Indenture (Jefferies Group Capital Finance Inc.), First Supplemental Indenture (Jefferies Group Inc /De/)

Selection of Securities to be Redeemed. (a) If less than all the Securities of any 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) 60 days prior to the Redemption Date by the Trustee Trustee, from the Outstanding Securities of such series not previously called for redemption, by such method 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 or each SecuritySecurity of such series, provided, 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 and of a specified tenor are to be redeemed (b) 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 and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee shall promptly notify the Company in writing of the Securities selected for partial redemption and, in the case of any Securities selected for partial redemption, 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 Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security that has been or is to be redeemed. (c) The provisions of paragraphs (a) and (b) of this Section 11.4 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.of

Appears in 1 contract

Samples: Junior Subordinated Indenture (Chase Capital Iii)

Selection of Securities to be Redeemed. (a) If less than all the Securities of any 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 sixty (60) 60 days prior to the Redemption Date by the Trustee Trustee, from the Outstanding Securities of such series not previously called for redemption, by such method 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 or each SecuritySecurity of such series, provided, however, 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 and of a specified tenor are to be redeemed (b) 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 48 55 Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee shall promptly notify the Company in writing of the Securities selected for partial redemption and, in the case of any Securities selected for partial redemption, 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 Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security that which has been or is to be redeemed. (c) The provisions of paragraphs (a) and (b) of this Section 11.4 . If the Company shall not apply with respect to any redemption affecting only a single Securityso direct, whether such Security is to be redeemed Securities registered in whole or in part. In the case of any such redemption in part, the unredeemed portion name of the principal amount of the Security shall be in an authorized denomination (which Company, any Affiliate or any Subsidiary thereof shall not be less than included in the minimum authorized denomination) Securities selected for such Securityredemption.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Republic New York Capital Iv)

Selection of Securities to be Redeemed. (a) If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected and redeemed on a pro rata basis not more than sixty (60) days prior to the Redemption Date by the Trustee from the Outstanding Securities not previously called for redemption, by such method 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 or each Security, 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. (b) . The Trustee shall promptly notify the Company in writing of the Securities selected for redemption and, in the case of any Securities selected for 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 Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security that has been or is to be redeemed. (c) . The provisions of paragraphs (a) and (b) of this Section 11.4 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.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Vision Bancshares Inc)

Selection of Securities to be Redeemed. (a) If less than all the Securities are to be redeemed, the Company may select the series to be redeemed, and if less than all of the Securities of any series are to be redeemed, the particular Securities of that series to be redeemed shall be selected not more than sixty (60) 60 days prior to the Redemption Date by the Trustee Trustee, from the Outstanding Securities of that series not previously called for redemption, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portions of the principal amount of Securities of such series; provided, however, that no such partial redemption shall reduce the portion of the principal amount of any or each Security, provided, that the unredeemed portion of the principal amount of any a Security shall be in an authorized denomination (which shall not be redeemed to less than the minimum authorized denomination) denomination for Securities of such Securityseries established pursuant to Section 3.1. (b) The Trustee shall promptly notify the Company in writing of the Securities of such series selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. . (c) 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 Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security that Securities which has been or is to be redeemed. (c) The provisions of paragraphs (a) and (b) of this Section 11.4 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.

Appears in 1 contract

Samples: Indenture (Abitibi Consolidated Inc)

Selection of Securities to be Redeemed. (a) If less than all of the Securities are to be redeemedredeemed at any time, the particular Securities to be redeemed shall will be selected not more than sixty (60) 60 days prior to the Redemption Date redemption date by the Trustee from in compliance with the Outstanding requirements of DTC, or if the Securities are not previously called for redemptionheld through DTC, by such or DTC prescribes no method as of selection, the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of will select by lot or on a portion of the principal amount of any or each Securityprorate basis, provided, subject to adjustments so that no Security in an unauthorized denomination remains outstanding after such redemption; 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. (b) . The Trustee shall promptly notify make the Company selection from the Securities that are Outstanding 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 the Securities, or any integral multiple of $1,000 in writing excess thereof) of the principal amount of the Securities selected of a denomination larger than the minimum authorized denomination for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemedSecurities. 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 Security Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Security that Securities which has been or is to be redeemed. (c) The provisions of paragraphs (a) and (b) of this Section 11.4 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.

Appears in 1 contract

Samples: Indenture (Navistar International Corp)

Selection of Securities to be Redeemed. (a) If less than all the Securities of any 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) 60 days prior to the Redemption Date by the Trustee Trustee, from the Outstanding Securities of such series not previously called for redemption, by lot or such other method 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 or each SecuritySecurity of such series, provided, 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 and of a specified tenor are to be redeemed (b) 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 and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee shall promptly notify the Company in writing of the Securities selected for partial redemption and, in the case of any Securities selected for partial redemption, 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 Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security that has been or is to be redeemed. (c) The provisions of paragraphs (a) and (b) of this Section 11.4 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.of

Appears in 1 contract

Samples: Junior Subordinated Indenture (Mbna Capital V)

Selection of Securities to be Redeemed. (a) If less than --------------------------------------- all the Securities of a series are to be redeemed, the particular Securities to be redeemed shall be selected Trustee, not more than sixty (60) 45 days prior to the Redemption Date by Date, shall select the Trustee from Securities of the Outstanding Securities not previously called for redemption, by series to be redeemed in such method a 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 or each SecuritySecurity of such series, provided, 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 of the series that are Outstanding that have not previously been called for redemption and may provide for the selection for redemption of portions (bequal to the minimum authorized denomination for Securities of that series, or any integral multiple of $1000 in excess thereof) of the principal amount of Securities of such series of a denomination larger than the minimum authorized denomination for Securities of that series. The Trustee shall promptly notify the Company in writing of the Securities selected for redemption and, in the case of any Securities selected for 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 Security Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Security that Securities which has been or is to be redeemed. (c) The provisions of paragraphs (a) and (b) of this Section 11.4 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.

Appears in 1 contract

Samples: Indenture (Federal Mogul Corp)

Selection of Securities to be Redeemed. (a) If less than all the Securities of any series are to be redeemed, the particular Securities to be redeemed shall be selected not more than sixty (60) 60 days prior to the Redemption Date by the Trustee Trustee, from the Outstanding Securities of such series not previously called for redemption, by such method 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 or each SecuritySecurity 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. (b) The Trustee shall promptly notify the Company in writing of the Securities selected for redemption and, in the case of any Securities selected for 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 Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security that has been or is to be redeemed. (c) The provisions of paragraphs (a) and (b) of this Section 11.4 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.

Appears in 1 contract

Samples: Senior Indenture (MRM Capital Trust Iii)

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Selection of Securities to be Redeemed. (a) If less than all the Securities of any 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) 60 days prior to the Redemption Date by the Trustee Trustee, from the Outstanding Securities of such series not previously called for redemption, by lot or such other method 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 or each SecuritySecurity of such series, provided, 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 and of a specified tenor are to be redeemed (b) 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 and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee shall promptly notify the Company in writing of the Securities selected for partial redemption and, in the case of any Securities selected for partial redemption, 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 72 65 Securities shall relate, in the case of any Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security that which has been or is to be redeemed. (c) The provisions of paragraphs (a) and (b) of this Section 11.4 . If the Company shall not apply with respect to any redemption affecting only a single Securityso direct, whether such Security is to be redeemed Securities registered in whole or in part. In the case of any such redemption in part, the unredeemed portion name of the principal amount of the Security shall be in an authorized denomination (which Company, any Affiliate or any Subsidiary thereof shall not be less than included in the minimum authorized denomination) Securities selected for such Securityredemption.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Chase Capital Iii)

Selection of Securities to be Redeemed. (a) If less than all the Series A Securities or Series B Securities, as the case may be, are to be redeemed, the particular Securities of such Series to be redeemed shall be selected and redeemed on a pro rata basis not more than sixty (60) days prior to the Redemption Date by the Trustee from the Outstanding Securities of such Series not previously called for redemption, by such method 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 or each Security, provided, that the unredeemed portion of the principal amount of any Security of such Series shall be in an authorized denomination (which shall not be less than the minimum authorized denomination) for such SecuritySecurity of such Series. (b) The Trustee shall promptly notify the Company in writing of the Securities of such Series selected for redemption and, in the case of any Securities of such Series selected for 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 Security redeemed or to be redeemed only in partOrt, to the portion of the principal amount of such Security that has been or is to be redeemed. (c) The provisions of paragraphs (a) and (b) of this Section 11.4 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.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Novastar Financial Inc)

Selection of Securities to be Redeemed. (a) If In the event that less than all of the Securities are to be redeemed, the particular Securities to be redeemed shall be selected not more than sixty (60) days prior at any time pursuant to the Redemption Date optional redemption provisions of Paragraph 5 or Paragraph 6 of the Securities, selection of such Securities for redemption will be made by the Trustee from in compliance with the Outstanding requirements of the principal national securities exchange, if any, on which the Securities are listed or, if the Securities are not previously called for redemptionthen listed on a national securities exchange, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption in such manner as complies with applicable law; provided, however, that no Securities of a portion of the principal amount of any $1,000 or each Security, less shall be redeemed in part; and provided, further, that if a redemption is made with the unredeemed portion proceeds of an Equity Offering pursuant to Paragraph 6 of the principal amount Securities, selection of any Security the Securities or portions thereof for redemption shall be in an authorized denomination made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (which shall not be less than subject to the minimum authorized denomination) for procedures of the Depository), unless such Security. (b) method is otherwise prohibited. The Trustee shall make the selection from the Securities outstanding and not previously called for redemption and shall promptly notify the Company in writing of the Securities selected for redemption and, in the case of any Securities Security selected for partial redemption, the principal amount thereof to be redeemed. For all purposes Securities in denominations of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security redeemed $1,000 or to less may be redeemed only in part, whole. The Trustee may select for redemption portions (equal to the portion $1,000 or any integral multiple thereof) of the principal amount of such Security Securities that has been or is to be redeemed. (c) The provisions of paragraphs (a) and (b) have denominations larger than $1,000. Provisions of this Section 11.4 shall not Indenture that apply with respect to any Securities called for redemption affecting only a single Security, whether such Security is also apply to be redeemed in whole or in part. In the case portions 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) Securities called for such Securityredemption.

Appears in 1 contract

Samples: Indenture (Autotote Corp)

Selection of Securities to be Redeemed. (a) If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected not more than sixty (60) days prior to the Redemption Date by the Trustee from the Outstanding Securities not previously called for redemption, by such method 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 or each Security, 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. (b) The Trustee shall promptly notify the Company in writing of the Securities selected for redemption and, in the case of any Securities selected for 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 Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security that has been or is to be redeemed. (c) The provisions of paragraphs (a) and (b) of this Section 11.4 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.

Appears in 1 contract

Samples: Trust Agreement (Local Financial Corp /Nv)

Selection of Securities to be Redeemed. (a) If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected and redeemed on a pro rata basis not more than sixty (60) days prior to the Redemption Date by the Trustee from the Outstanding Securities not previously called for redemption, redemption by such method methods 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 or each Securityappropriate, 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. (b) The Trustee shall promptly notify the Company in writing of the Securities selected for redemption and, in the case of any Securities selected for 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 Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security that has been or is to be redeemed. (c) The provisions of paragraphs (a) and (b) of this Section 11.4 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.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Mercantile Bancorp, 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 are of a series then Outstanding, it shall at least 15 days prior to giving notice to the Holders of 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 not more than sixty (60) days prior to the Redemption Date by the Trustee from the Outstanding Securities not previously called for redemption, by such method as and thereupon the Trustee shall deem fair select, by lot or in accordance with its customary practices and appropriate procedures and which may provide for the selection for redemption of a portion of the principal amount of any or each Security, provided, 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. 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 Issuer in writing of the Securities and portions of Securities so selected. (b) The Trustee shall promptly notify the Company in writing of the Securities selected for redemption and, in the case of any Securities selected for 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 Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security that has been or is to be redeemed. (c) The provisions of paragraphs (a) and (b) of this Section 11.4 . If the Issuer shall not apply with respect to any redemption affecting only a single Securityso direct, whether such Security is to be redeemed Securities registered in whole or in part. In the case of any such redemption in part, the unredeemed portion name of the principal amount of the Security shall be in an authorized denomination (which Issuer, any Affiliate or any Subsidiary thereof shall not be less than included in the minimum authorized denomination) Securities selected for such Securityredemption.

Appears in 1 contract

Samples: Indenture (Molson Coors Brewing Co)

Selection of Securities to be Redeemed. (a) If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected on a pro rata basis not more than sixty (60) days prior to the Redemption Date by the Trustee from the Outstanding Securities not previously called for redemption, by such method 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 or each Security, 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. (b) The Trustee shall promptly notify the Company in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context [TPW: NYLEGAL:622313.5] 20889-00007 02/26/2007 01:27 PM otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security that has been or is to be redeemed. (c) The provisions of paragraphs (a) and (b) of this Section 11.4 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.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Bluegreen Corp)

Selection of Securities to be Redeemed. (a) If the Issuer shall at any time elect to redeem less than all of the Securities are of a series then Outstanding, it shall at least five days prior to the date that the notice of redemption is to be given (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 the particular Securities Notes to be redeemed shall be selected not more than sixty (60) days prior by lot or pursuant to the Redemption Date by the Trustee from the Outstanding Securities not previously called for redemption, by such method 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 or each Security, provided, applicable Depositary procedures; 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. 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 Issuer in writing of the Securities and portions of Securities so selected. (b) The Trustee shall promptly notify the Company in writing of the Securities selected for redemption and, in the case of any Securities selected for 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 Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security that has been or is to be redeemed. (c) The provisions of paragraphs (a) and (b) of this Section 11.4 . If the Issuer shall not apply with respect to any redemption affecting only a single Securityso direct, whether such Security is to be redeemed Securities registered in whole or in part. In the case of any such redemption in part, the unredeemed portion name of the principal amount of the Security shall be in an authorized denomination (which Issuer, any Affiliate or any Subsidiary thereof shall not be less than included in the minimum authorized denomination) Securities selected for such Securityredemption.

Appears in 1 contract

Samples: Indenture (Pfizer Investment Enterprises PTE LTD)

Selection of Securities to be Redeemed. (a) If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected not more than sixty (60) days prior to the Redemption Date by the Trustee from the Outstanding Securities not previously called for redemption, by such method 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 or each Security, 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. (b) The Trustee shall promptly notify the Company in writing of the Securities selected for redemption and, in the case of any Securities selected for 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 Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security that has been or is to be redeemed. (c) The provisions of paragraphs (a) and (b) of this Section 11.4 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 man the minimum authorized denomination) for such Security.

Appears in 1 contract

Samples: Junior Subordinated Indenture (State National Bancshares, Inc.)

Selection of Securities to be Redeemed. (a) If less than all of the Securities are to be redeemedredeemed at any time, the particular Securities to be redeemed shall will be selected not more than sixty (60) 60 days prior to the Redemption Date redemption date by the Trustee from in compliance with the Outstanding requirements of DTC, or if the Securities are not previously called for redemptionheld through DTC, by lot so that no Security in an unauthorized denomination remains outstanding after such method 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 or each Security, provided, redemption; 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. (b) . The Trustee shall promptly notify make the Company selection from the Securities that are Outstanding 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 the Securities, or any integral multiple of $1,000 in writing excess thereof) of the principal amount of the Securities selected of a denomination larger than the minimum authorized denomination for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemedSecurities. 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 Security Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Security that Securities which has been or is to be redeemed. (c) The provisions of paragraphs (a) and (b) of this Section 11.4 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.

Appears in 1 contract

Samples: Indenture (Navistar International Corp)

Selection of Securities to be Redeemed. (a) If less than all the Securities of any series are to be redeemed, the particular Securities to be redeemed shall be selected not more than sixty (60) 60 days prior to the Redemption Date by the Trustee Trustee, from the Outstanding Securities of such series not previously called for redemption, by such method 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 or each SecuritySecurity of such series, provided, 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. (b) . The Trustee shall promptly notify the Company Corporation in writing of the Securities selected for partial redemption and, in the case of any Securities selected for partial redemption, 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 Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security that has been or is to be redeemed. (c) The provisions of paragraphs (a) and (b) of this Section 11.4 . If the Corporation shall not apply with respect to any redemption affecting only a single Securityso direct, whether such Security is to be redeemed Securities registered in whole or in part. In the case of any such redemption in part, the unredeemed portion name of the principal amount of the Security shall be in an authorized denomination (which Corporation, any Affiliate or any Subsidiary thereof shall not be less than included in the minimum authorized denomination) Securities selected for such Securityredemption.

Appears in 1 contract

Samples: Securities Purchase Agreement (DPL Inc)

Selection of Securities to be Redeemed. (a) If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected not more than sixty (60) days prior to the Redemption Date by the Trustee from the Outstanding Securities not previously called for redemption, by such method 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 or each Security, 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. (b) The Trustee shall promptly notify the Company in writing of the Securities selected for redemption and, in the case of any Securities selected for 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 Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security that has been or is to be redeemed. (c) The provisions of paragraphs (a) and (b) of this Section 11.4 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 EXHIBIT D 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.

Appears in 1 contract

Samples: Trust Agreement (Hanmi Financial Corp)

Selection of Securities to be Redeemed. (a) If less than all the Securities of a particular series are to be redeemed, the particular Trustee shall select, in such manner as in its sole discretion it shall deem appropriate and fair (which may be by lot), the Securities or portions thereof of such series to be redeemed shall be selected not more than sixty (60) days prior to the Redemption Date by the Trustee from the Outstanding Securities not previously called for redemption, by such method 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 or each Security, 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. (b) redeemed. The Trustee shall promptly notify the Company Corporation in writing of the Securities selected for redemption and, in the case of any Securities selected for 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 Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security that which has been or is to be redeemed. (c) The provisions . If any Convertible Security selected for partial redemption by the Trustee pursuant to Section 4.03 is converted in part before termination of paragraphs (a) and (b) of this Section 11.4 shall not apply the conversion right with respect to any redemption affecting only the portion of the Convertible Security so selected, the converted portion of such Convertible Security will be deemed (so far as may be) to be the portion selected for redemption. Convertible Securities which have been converted during a single Security, whether such Security is selection of Convertible Securities to be redeemed in whole or in part. In may be treated by the case Trustee as Outstanding for the purpose 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 SecurityConversion.

Appears in 1 contract

Samples: Indenture (Baltimore Gas & Electric Co)

Selection of Securities to be Redeemed. (a) If less than all the Securities are to be redeemed, the particular Securities to be redeemed shall be selected not more than sixty (60) days prior to the Redemption Date by the Trustee from the Outstanding Securities not previously called for redemption, by such method 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 or each Security, 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. (b) . The Trustee shall promptly notify the Company in writing of the Securities selected for redemption and, in the case of any Securities selected for 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 Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security that has been or is to be redeemed. (c) . The provisions of paragraphs (a) and (b) of this Section 11.4 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.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Summit Bank Corp)

Selection of Securities to be Redeemed. (a) If less than all the Securities of a given series are to be redeemed, the particular Securities to be redeemed shall be selected not more than sixty (60) days prior to the Redemption Date by the Trustee from the Outstanding Securities of that series not previously called for redemption, by such method 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 or each SecuritySecurity of that 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. (b) The Trustee shall promptly notify the Company in writing of the Securities selected for redemption and, in the case of any Securities selected for 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 Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security that has been or is to be redeemed. (c) The provisions of paragraphs (a) and (b) of this Section 11.4 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.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Mercantile Bank Corp)

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