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

Selection of Securities to be Redeemed. If less than all the Securities are to be redeemed, the Trustee shall select the Securities to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basis. The Trustee shall make the selection not more than 60 days and not less than 15 days before the redemption date from Securities outstanding not previously called for redemption. The Trustee may select for redemption portions of the principal of Securities that have denominations larger than $1,000. Securities and portions of them it selects shall be in amounts of $1,000 or integral multiples of $1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify the Company promptly of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selection, the converted portion of such Security shall be deemed (so far as may be) to be the portion to be selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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 7 contracts

Samples: Indenture (Intevac Inc), Indenture (Intevac Inc), Indenture (Intevac Inc)

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Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed, the Trustee shall select the particular Securities to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basis. The Trustee shall make the selection be selected not more than 60 days and not less than 15 days before prior to the redemption date Redemption Date by the Trustee, from the Outstanding Securities outstanding of such series not previously called for redemption. The , by such method as the Trustee shall deem fair and appropriate and which may select provide for the selection for redemption portions of a portion of the principal amount of any Security of such series. If less than all the Securities that have denominations larger than $1,000. of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities and portions of them it selects to be redeemed shall be in amounts selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of $1,000 or integral multiples of $1,000. Provisions of this Indenture that apply to Securities such series and specified tenor not previously called for redemption also apply to portions of Securities called for redemptionin accordance with the preceding sentence. The Trustee shall promptly notify the Company promptly in writing of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted 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 part after such selectionthe case of any Security redeemed or to be redeemed only in part, to the converted portion of the principal amount of such Security shall be deemed (so far as may be) which has been or is to be redeemed. If the portion to 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. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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 7 contracts

Samples: Agreement (Usf&g Corp), Indenture (Keycorp Institutional Capital A), Indenture (Bankamerica Corp/De/)

Selection of Securities to be Redeemed. If less than all of the Securities of any series are to be redeemed (unless all of the Securities of such series of a specified tenor are to be redeemed), the Trustee shall select the particular Securities to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basis. The Trustee shall make the selection be selected not more than 60 days prior to the Redemption Date from the outstanding Securities of such series (and not less than 15 days before the redemption date from Securities outstanding tenor) not previously called for redemption. The , either pro rata, by lot or by such other method as the Trustee shall deem appropriate in accordance with industry standards at the time of such redemption and that may select provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of that series or any integral multiple thereof) of the principal amount of Securities that have denominations of such series of a denomination larger than $1,000. the minimum authorized denomination for Securities and portions of them it selects that series or of the principal amount of Global Securities of such series; provided that, if at the time of redemption such Securities are registered as a Global Security, the Depositary shall be determine, in amounts accordance with its procedures, the principal amount of $1,000 or integral multiples of $1,000. Provisions of this Indenture that apply to such Securities called for redemption also apply to portions held by each beneficial owner of Securities called for redemptionto be redeemed. The Trustee shall promptly notify the Company promptly of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selection, the converted portion of such Security shall be deemed (so far as may be) to be the portion to be selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding Registrar in writing of the Securities selected for redemption and, in the case of any Securities surrendered selected for conversion during partial redemption, the period 15 days next preceding principal amount thereof to be redeemed. For purposes of this Indenture, unless the mailing context otherwise requires, all provisions relating to redemption of a notice Securities shall relate, in the case of redemption and need not treat as outstanding any Security authenticated and delivered during such period of the Securities redeemed or to be redeemed only in exchange for part, to the unconverted portion of any Security converted in part during such periodthe principal amount thereof which has been or is to be redeemed.

Appears in 6 contracts

Samples: Indenture (AMI 2, Inc.), Indenture (AMI 2, Inc.), Pardril Inc

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed, or purchased in an offer to purchase at any time, the Trustee shall select the Securities of that series to be redeemed by a method that complies or purchased as follows: (1) if the Securities of such series are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange, if any, exchange on which the Securities of that series are listed, or, (2) if the Securities of that series are not so listedlisted on a national securities exchange, on a pro rata basis, by lot or by such other method as the Trustee deems fair and appropriate. The Trustee shall make In the selection event of a partial redemption or purchase by lot, the particular Securities to be redeemed or purchased will be selected not less than 30 nor more than 60 days and not less than 15 days before prior to the redemption or purchase date by the Trustee from Securities of that series outstanding and not previously called for redemption. The Trustee may select shall notify the Company promptly in writing of the Securities or portions of Securities to be called for redemption portions or purchase and, in the case of any Securities selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Except as otherwise provided as to any particular series of Securities that have denominations larger than $1,000. Securities, Securities and portions of them it thereof that the Trustee selects shall be in amounts equal to the minimum authorized denomination for Securities of $1,000 the series to be redeemed or purchased or any integral multiples multiple thereof, except that if all of $1,000the Securities of the series are to be redeemed or purchased, the entire outstanding amount of the Securities of the series held by such Holder, even if not equal to the minimum authorized denomination for the Securities of that series, shall be redeemed or purchased. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify the Company promptly of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selection, the converted portion of such Security shall be deemed (so far as may be) to be the portion to be selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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 6 contracts

Samples: Indenture (TTM Technologies Inc), Indenture (Shared Communication Systems, Inc.), Indenture (TTM Technologies Inc)

Selection of Securities to be Redeemed. If Unless otherwise specified as contemplated by Section 2.03(a) hereof with respect to any series of Securities, if less than all of the Securities of a series are to be redeemedredeemed or purchased in an offer to purchase at any time, the Trustee shall will select the Securities to be redeemed by a method or purchased among the Holders of the Securities of that complies Series in compliance with the requirements of the principal national securities exchange, if any, on which the Securities are listed, listed or, if the Securities are not so listed, on a pro rata basis, by lot or in accordance with any other method the Trustee considers fair and appropriate. The Trustee In the event of partial redemption by lot, the particular Securities to be redeemed shall make the selection be selected, unless otherwise provided herein, not less than 30 nor more than 60 days and not less than 15 days before prior to the redemption date Redemption Date by the Trustee from the outstanding Securities outstanding not previously called for redemption. The Trustee may select shall promptly notify the Company in writing of the Securities selected for redemption portions and, in the case of any Security selected for partial redemption, the principal of Securities that have denominations larger than $1,000amount thereof to be redeemed. Unless otherwise specified as contemplated by Section 2.03(a) hereof, Securities and portions of them it selects shall Securities selected will be in amounts of $1,000 or integral whole multiples of $1,000. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify the Company promptly of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selection, the converted portion of such Security shall be deemed (so far as may be) to be the portion to be selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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 5 contracts

Samples: Indenture (Omnicare Inc), Indenture (NCS of Illinois Inc), Indenture (NCS of Illinois Inc)

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed, the Trustee shall select the particular Securities to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basis. The Trustee shall make the selection be selected not more than 60 days and not less than 15 days before prior to the redemption date Redemption Date by the Trustee, from the outstanding Securities outstanding of such series not previously called for redemption. The , pro rata, by lot or by such other method as the Trustee shall deem fair and appropriate and that may select provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of that series or any integral multiple thereof) of the principal amount of Securities that have denominations of such series of a denomination larger than $1,000. the minimum authorized denomination for Securities and portions of them it selects shall be in amounts that series or of $1,000 or integral multiples the principal amount of $1,000. Provisions global Securities of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemptionsuch series. The Trustee shall promptly notify the Company promptly of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selection, the converted portion of such Security shall be deemed (so far as may be) to be the portion to be selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding Registrar in writing of the Securities selected for redemption and, in the case of any Securities surrendered selected for conversion during partial redemption, the period 15 days next preceding principal amount thereof to be redeemed. For purposes of this Indenture, unless the mailing context otherwise requires, all provisions relating to redemption of a notice Securities shall relate, in the case of redemption and need not treat as outstanding any Security authenticated and delivered during such period of the Securities redeemed or to be redeemed only in exchange for part, to the unconverted portion of any Security converted in part during such periodthe principal amount thereof which has been or is to be redeemed.

Appears in 5 contracts

Samples: Indenture (Pogo Producing Co), Lyondell Trust Iii, Global Marine Inc

Selection of Securities to be Redeemed. If Unless otherwise specified as contemplated by Section 3.1, if less than all the Securities of a series with the same original issue date, interest rate and Stated Maturity are to be redeemed, the Trustee Trustee, not more than 45 days prior to the redemption date, shall select the Securities of the series to be redeemed by a method that complies with in such manner as the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basisTrustee shall deem fair and appropriate. The Trustee shall make the selection not more than 60 days and not less than 15 days before the redemption date from Securities outstanding of the series that are Outstanding and that have not previously been called for redemption. The Trustee redemption and may select provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of that series or any integral multiple thereof) of the principal amount of Securities that have denominations of such series of a denomination larger than $1,000. the minimum authorized denomination for Securities and portions of them it selects shall be in amounts of $1,000 or integral multiples of $1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemptionseries. The Trustee shall promptly notify the Company promptly in writing of the Securities or portions selected by the Trustee for redemption and, in the case of any Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selectionredemption, the converted principal amount thereof to be redeemed. For 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 Security shall be deemed (so far as may be) Securities which has been or is to be the portion to be selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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 periodredeemed.

Appears in 5 contracts

Samples: Trust Indenture (At&t Wireless Services Inc), At&t Wireless Services Inc, At&t Wireless Services 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 a series with the same terms are to be redeemed, the Trustee Trustee, not more than 45 days prior to the Redemption Date, shall select the Securities of the series to be redeemed by a such method as the Trustee shall deem fair and appropriate; provided, that complies with respect to Securities issued in global form, beneficial interests therein shall be selected for redemption by the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basisDepositary therefor in accordance with its standard procedures. The Trustee shall make the selection not more than 60 days and not less than 15 days before the redemption date from Securities outstanding of the series that are Outstanding and that have not previously been called for redemption. The Trustee redemption and may select provide for the selection for redemption of portions (equal to any authorized denomination for Securities of that series) of the principal amount of Securities that have denominations of such series of a denomination larger than $1,000the minimum authorized denomination for Securities of that series. If the Securities and portions of them it selects shall be are not in amounts of $1,000 or integral multiples of $1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The global form the Trustee shall promptly notify the Company promptly in writing of the Securities or portions selected by the Trustee for redemption and, in the case of any Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selectionredemption, the converted principal amount thereof to be redeemed. For 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 Security shall be deemed Securities (so far as may beincluding coupons, if any) which has been or is to be the portion to be selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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 periodredeemed.

Appears in 5 contracts

Samples: Supplemental Indenture (Cadiz Inc), Supplemental Indenture (Cadiz Inc), Subordinated Indenture (Cadiz Inc)

Selection of Securities to be Redeemed. 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 Trustee shall select the particular Securities to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basis. The Trustee shall make the selection be selected not more than 60 days and not less than 15 days before prior to the redemption date Redemption Date by the Trustee, from the Outstanding Securities outstanding of such series not previously called for redemption. The , by such method as the Trustee shall deem fair and appropriate and which may select provide for the selection for redemption portions of a portion of the principal amount of Securities that have denominations larger than $1,000. Securities and portions of them it selects any Security shall be in amounts an authorized denomination (which shall not be less than the minimum authorized denomination) for such Security. If less than all the Securities of $1,000 or integral multiples such series and of $1,000. Provisions 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 this Indenture that apply to Securities such series and specified tenor not previously called for redemption also apply to portions of Securities called for redemptionin accordance with the preceding sentence. The Trustee shall promptly notify the Company promptly in writing of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted 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 part after such selectionthe case of any Security redeemed or to be redeemed only in part, to the converted portion of the principal amount of such Security shall be deemed (so far as may be) which has been or is to be redeemed. If the portion to 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. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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 4 contracts

Samples: Execution Copy (Bancorp Hawaii Capital Trust I), Indenture (Bancorpsouth Inc), Usb Holding Co 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 a series with the same terms are to be redeemed, the Trustee Trustee, not more than 45 days prior to the Redemption Date, shall select the Securities of the series to be redeemed by a method that complies with in such manner as the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basisTrustee shall deem fair and appropriate. The Trustee shall make the selection not more than 60 days and not less than 15 days before the redemption date from Securities outstanding of the series that are Outstanding and that have not previously been called for redemption. The Trustee redemption and may select provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of that series or any integral multiple thereof) of the principal amount of Securities that have denominations of such series of a denomination larger than $1,000. the minimum authorized denomination for Securities and portions of them it selects shall be in amounts of $1,000 or integral multiples of $1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemptionseries. The Trustee shall promptly notify the Company promptly in writing of the Securities or portions selected by the Trustee for redemption and, in the case of any Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selectionredemption, the converted principal amount thereof to be redeemed. For 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 Security shall be deemed Securities (so far as may beincluding coupons, if any) which has been or is to be the portion to be selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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 periodredeemed.

Appears in 4 contracts

Samples: Indenture (Fidelity National Title Group, Inc.), Indenture (Fidelity National Title Group, Inc.), Indenture (Fidelity National Financial Inc /De/)

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed, the Trustee shall select the Securities of that series to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, shall be selected on a pro rata basis. The Trustee shall make the selection basis not more than 60 days and not less than 15 days before prior to the redemption date Redemption Date by the U.S. Depositary or the Trustee, as applicable, for the Securities of such series, from the Outstanding Securities outstanding of such series not previously called for redemption. Securities shall be excluded from eligibility for selection for redemption if they are identified by registration and certificate number in a written statement signed by an authorized officer of the Issuer and delivered to the 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 hypothecated by either (a) the Issuer or the Guarantors or (b) an entity specifically identified in such written statement that is an Affiliate of the Issuer or the Guarantors. The Trustee may select for the Securities of such series shall promptly notify the Issuer and the Guarantors in writing of the Securities selected for redemption portions 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 Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities that have denominations larger than $1,000. Securities and portions of them it selects shall be in amounts of $1,000 which has been or integral multiples of $1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify the Company promptly of the Securities or portions of Securities is to be called for redemption. If any Security selected for partial redemption is converted in part after such selection, the converted portion of such Security shall be deemed (so far as may be) to be the portion to be selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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 periodredeemed.

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 of the Securities of any Series are to be redeemedredeemed at any time, the Trustee will select Securities of such Series for redemption by such method as may be specified by the terms of such Securities of such Series or, if no such method is so specified, by such method as the Trustee shall select deem appropriate and which may provide for the selection for redemption of portions of the principal amount of Securities of such Series, unless otherwise required by law or applicable stock exchange or depositary requirements. In the event of partial redemption, the particular Securities of any Series to be redeemed by a method that complies with the requirements of the principal national securities exchangewill be selected, if anyunless otherwise provided herein, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basis. The Trustee shall make the selection not less than 30 days nor more than 60 days and not less than 15 days before prior to the redemption date by the Trustee from the outstanding Securities outstanding of such Series not previously called for redemption. The Trustee may select will promptly notify the Company in writing of the Securities of such Series selected for redemption portions and, in the case of any Security selected for partial redemption, the principal of Securities that have denominations larger than $1,000amount thereof to be redeemed. Securities of such Series and portions of them it selects shall such Securities selected will be in amounts multiples equal to the minimum authorized denomination for Securities of $1,000 or integral multiples of $1,000such Series. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to Securities of any Series called for redemption also apply to portions of such Securities called for redemption. The Trustee shall notify the Company promptly of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selection, the converted portion of such Security shall be deemed (so far as may be) to be the portion to be selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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 4 contracts

Samples: Global Security (Americredit Financial Services Inc), Global Security (Americredit Financial Services Inc), Americredit Financial Services Inc

Selection of Securities to be Redeemed. If less than all of the Securities of like tenor of any series are to be redeemedredeemed at any time, the Trustee shall select the particular Securities to be redeemed by a method that complies with among the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, Holders on a pro rata basisbasis (and in such manner as complies with applicable legal and stock exchange requirements, if any) or in such other manner as the Trustee, in the exercise of its reasonable discretion, deems fair and appropriate. The Trustee In the event of partial redemption by lot, the particular Securities to be redeemed from the Outstanding Securities of like tenor of such series shall make the selection be selected, unless otherwise provided herein, not less than 30 nor more than 60 days and not less than 15 days before prior to the redemption date Redemption Date by the Trustee from the Outstanding Securities outstanding of like tenor of such series not previously called for redemption. The Trustee may select shall promptly notify the Company in writing of the Securities selected for redemption portions and, in the case of any Security selected for partial redemption, the principal of Securities that have denominations larger than $1,000amount thereof to be redeemed. Securities and portions of them it selects selected shall be in amounts of $1,000 or integral whole multiples of $1,000; except that if all of the Securities of a Holder are to be redeemed, the entire outstanding amount of Securities held by such Holder, even if not a multiple of $1,000, shall be redeemed. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify the Company promptly of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selection, the converted portion of such Security shall be deemed (so far as may be) to be the portion to be selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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 4 contracts

Samples: Indenture (United Healthcare Corp), Indenture (Uhc Capital I), Benchmark Electronics Inc

Selection of Securities to be Redeemed. 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 Trustee shall select the particular Securities to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basis. The Trustee shall make the selection be selected not more than 60 days and not less than 15 days before prior to the redemption date Redemption Date by the Trustee, from the Outstanding Securities outstanding of such series not previously called for redemption. The , by such method as the Trustee shall deem fair and appropriate and that may select provide for the selection for redemption portions of a portion of the principal amount of Securities any Security of such series; provided that have denominations larger than $1,000. Securities and portions the unredeemed portion of them it selects the principal amount of any Security shall be in amounts an authorized denomination (which shall not be less than the minimum authorized denomination) for such Security. If less than all the Securities of $1,000 or integral multiples such series and of $1,000. Provisions 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 this Indenture that apply to Securities such series and specified tenor not previously called for redemption also apply to portions of Securities called for redemptionin accordance with the preceding sentence. The Trustee shall promptly notify the Company promptly in writing of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted 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 part after such selectionthe case of any Security redeemed or to be redeemed only in part, to the converted portion of the principal amount of such Security shall be deemed (so far as may be) that has been or is to be redeemed. If the portion to 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. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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 4 contracts

Samples: Resource Capital Trust I, Guaranty Capital Trust I, Southern Financial Capital Trust I

Selection of Securities to be Redeemed. If If, at the option of the Corporation, less than all the Securities of a series are to be redeemed, the Trustee shall select the Securities to be redeemed by a method that complies with the requirements of the principal national securities exchangeTrustee considers fair and appropriate, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basissubject to any applicable stock exchange requirements. The Trustee shall make the selection not more than 60 days and not less than 15 days before the redemption date from outstanding Securities outstanding not previously called for redemption. The Trustee may select for redemption portions of the principal of Securities that have denominations a denomination larger than $1,0001,000 (or the applicable minimum denomination for such Securities). Securities and portions of them it selects shall be in amounts of $1,000 (or integral multiples the applicable minimum denomination for such Securities in the event the Securities are payable in a Foreign Currency or Currencies) or a multiple of $1,0001,000 (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. The Trustee for the Securities of any series to be redeemed shall promptly notify the Company promptly Corporation in writing of the Securities or portions of such series selected for redemption and, in the case of any Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selectionredemption, the converted portion of such Security shall be deemed (so far as may be) principal amount thereof to be the portion to be selected for redemptionredeemed. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for For all purposes hereofof this Indenture, notwithstanding that any such Security is converted in whole or in part before unless the mailing of context otherwise requires, all provisions relating to the notice of redemption. Upon any redemption of less than all Securities shall relate, in the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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 case of any Security converted redeemed or to be redeemed only in part during part, to the portion of the principal amount of such periodSecurities that has been or is to be redeemed.

Appears in 4 contracts

Samples: Lockheed Martin Corp, Indenture (Lockheed Martin Corp), Indenture (Lockheed Martin Corp)

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed (unless all of the Securities of such series of a specified tenor are to be redeemed), the Trustee shall select the particular Securities to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basis. The Trustee shall make the selection be selected not more than 60 days prior to the Redemption Date by the Trustee from the outstanding Securities of such series (and not less than 15 days before the redemption date from Securities outstanding tenor) not previously called for redemption. The Trustee , either pro rata, by lot or by such other method as it and the Company shall deem fair and appropriate and that may select provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of that series or any integral multiple thereof) of the principal amount of Securities that have denominations of such series of a denomination larger than $1,000. the minimum authorized denomination for Securities and portions of them it selects shall be in amounts that series or of $1,000 or integral multiples the principal amount of $1,000. Provisions Global Securities of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemptionsuch series. The Trustee shall promptly notify the Company promptly of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selection, the converted portion of such Security shall be deemed (so far as may be) to be the portion to be selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding Registrar in writing of the Securities selected for redemption and, in the case of any Securities surrendered selected for conversion during partial redemption, the period 15 days next preceding principal amount thereof to be redeemed. For purposes of this Indenture, unless the mailing context otherwise requires, all provisions relating to redemption of a notice Securities shall relate, in the case of redemption and need not treat as outstanding any Security authenticated and delivered during such period of the Securities redeemed or to be redeemed only in exchange for part, to the unconverted portion of any Security converted in part during such periodthe principal amount thereof which has been or is to be redeemed.

Appears in 4 contracts

Samples: Shell International Finance B.V., Indenture (Shell International Finance B.V.), Shell International Finance B.V.

Selection of Securities to be Redeemed. If less than all of the Securities are to be redeemedredeemed at any time, the Trustee shall select the Securities to be redeemed by a method that complies among the Holders of the Securities in compliance with the requirements of the principal national securities exchange, if any, on which the Securities are listed, listed or, if the Securities are not so listed, to be redeemed among the Holders of Securities on a pro rata basis, by lot or by such method as the Trustee deems fair and appropriate; provided that no Securities of $1,000 or less shall be redeemed in part. The Trustee In the event of partial redemption by lot, the particular Securities to be redeemed shall make the selection be selected, unless otherwise provided herein, not less than 30 nor more than 60 days and not less than 15 days before prior to the redemption date by the Trustee from the outstanding Securities outstanding not previously called for redemption. The Trustee may select shall promptly notify the Company in writing of the Securities selected for redemption portions and, in the case of any Security selected for partial redemption, the principal of Securities that have denominations larger than $1,000amount thereof to be redeemed. Securities and portions of them it selects Securities selected shall be in amounts of $1,000 or integral whole multiples of $1,000; except that if all of the Securities of a Holder are to be redeemed, the entire outstanding amount of Securities held by such Holder, even if not a multiple of $1,000, shall be redeemed. Provisions A new Security 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 ceases to accrue on Securities or portions of them called for redemption. Except as provided in this Section 3.01, provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify the Company promptly of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selection, the converted portion of such Security shall be deemed (so far as may be) to be the portion to be selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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 4 contracts

Samples: Pegasus Communications Corp, Pegasus Communications Corp, Pegasus Communications Corp

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed, the Trustee shall select redeemed (unless all the Securities of such series and of a specified tenor are to be redeemed by or unless such redemption affects only a method that complies with the requirements of the principal national securities exchangesingle Security), if any, on which the Securities are listed, or, if the Securities are not so listed, will be redeemed on a pro rata basis, 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 If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall make the selection be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series and not less than 15 days before the redemption date from Securities outstanding specified tenor not previously called for redemption. The Trustee may select for redemption portions of in accordance with the principal of Securities that have denominations larger than $1,000. Securities and portions of them it selects shall be in amounts of $1,000 or integral multiples of $1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemptionpreceding sentence. The Trustee shall promptly notify the Company promptly in writing of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted 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 part after such selectionthe case of any Security redeemed or to be redeemed only in part, to the converted portion of the principal amount of such Security shall be deemed (so far as may be) which has been or is to be redeemed. If the portion to 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. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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 4 contracts

Samples: Guarantee Agreement (Comerica Capital Trust Ii), Declaration of Trust (Provident Capital Trust Iii), Provident Capital Trust Iv

Selection of Securities to be Redeemed. If less than all the Securities of a series with the same terms and provisions are to be redeemed, the Trustee shall select the Securities to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basisTrustee considers fair and appropriate. The Trustee shall make the selection not more than 60 days and not less than 15 days before the redemption date from such Securities outstanding Outstanding not previously called for redemption. The Trustee may select for redemption portions of the principal of Registered Securities of such series that have denominations larger than $1,000the minimum authorized denominations for Registered Securities of that series. Securities and portions of them it thereof the Trustee selects shall be in amounts of $1,000 equal to the smallest authorized denominations or an integral multiples of $1,000multiple thereof. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Registered Securities called for redemption. The Trustee shall promptly notify the Company promptly of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selection, the converted portion of such Security shall be deemed (so far as may be) to be the portion to be selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding Registrar (if other than itself) in writing of the Securities selected for redemption and, in the case of any Securities surrendered selected for conversion during partial redemption, the period 15 days next preceding principal amount thereof to be redeemed. For all purposes of this Indenture, unless the mailing context otherwise requires, all provisions relating to the redemption of a notice Securities shall relate, in the case of redemption and need not treat as outstanding any Security authenticated and delivered during such period Securities redeemed or to be redeemed only in exchange for part, to the unconverted portion of any Security converted in part during the principal of such periodSecurities which has been or is to be redeemed.

Appears in 4 contracts

Samples: Indenture (Natural Microsystems Corp), Section Indenture (Sierra Pacific Resources), Indenture (Natural Microsystems Corp)

Selection of Securities to be Redeemed. If less fewer than all of the Securities are to be redeemedredeemed at any time, the Trustee shall select the Securities to be redeemed by a method that complies in compliance with the requirements of the principal national securities exchange, if any, on which the Securities are listed, listed or, if the Securities are not so listedthen 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; provided, however, that if the Securities are redeemed pursuant to Paragraph 6 of the Securities, the Securities shall be redeemed solely on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository) unless the securities exchange, if any, on which the Securities are listed requires a different method. If the Securities are listed on any national securities exchange, the Company shall notify the Trustee in writing of the requirements of such exchange in respect of any redemption. The Trustee shall make the selection not more than 60 days and not less than 15 days before from the redemption date from 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 Security selected for partial redemption, the principal amount thereof to be redeemed. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal of Securities that have denominations larger than $1,000. Securities and portions of them it selects shall be in amounts of $1,000 or integral multiples of $1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify the Company promptly of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selection, the converted portion of such Security shall be deemed (so far as may be) to be the portion to be selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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: Indenture (Tenneco Inc), Tenneco Automotive Inc, Tenneco Automotive Inc

Selection of Securities to be Redeemed. If less the Company decides to redeem fewer than all of the Securities are to be redeemedSecurities, unless the procedures of the Depositary provide otherwise, the Trustee shall select the Securities to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listedlot, on a pro rata basis. The basis or by another method the Trustee shall make the selection not more than 60 days considers fair and not less than 15 days before the redemption date from Securities outstanding not previously called for redemption. The Trustee may select for redemption portions of the principal of Securities that have denominations larger than $1,000appropriate. Securities and portions of them it Securities that the Trustee selects shall be in principal amounts of $1,000 or an integral multiples multiple of $1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify the Company promptly (but in any case within seven days of the Trustee’s receipt of the notice from the Company referred to in Section 3.01 unless a shorter notice is acceptable to the Company) of the Securities or portions of the Securities selected to be called redeemed and, in the case of any Securities selected for partial redemption, the method it has chosen for the selection of the portions of the Securities selected to be redeemed. Following a notice of redemption, Securities and portions of Securities are convertible, pursuant to Section 4.01(a)(3), by the 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 after such selectionbefore 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 to be selected for redemption. The Securities (or portions thereof) so selected shall that have been converted during a selection of Securities to be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and redeemed may be treated by the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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 purpose of any Security converted in part during such periodselection.

Appears in 3 contracts

Samples: Satisfaction and Discharge of Indenture (Lincare Holdings Inc), Indenture (Lincare Holdings Inc), Indenture (Osi Pharmaceuticals 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 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 a series are to be redeemed, the Trustee shall select the Securities to for redemption will be redeemed by a method that complies with the requirements of the principal national securities exchange, selected as follows: (i) if any, on which the Securities are listedlisted on a securities exchange then in compliance with the rules of such 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, or (ii) if the Securities are not so listed, listed on a pro rata basissecurities exchange or held through the clearing systems, then by lot or such other method as the Trustee shall deem to be fair and appropriate in its sole and absolute discretion or as otherwise required by applicable law, in the case of any Global Note in accordance with the then applicable procedures of the Depositary; 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 make shall, as soon as practicable, notify the selection not more than 60 days and not less than 15 days before the redemption date from Securities outstanding not previously called for redemption. The Trustee may select for redemption portions Company in writing of the principal of Securities that have denominations larger than $1,000. Securities and portions of them it selects shall be in amounts of $1,000 or integral multiples of $1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify the Company promptly of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selection, the converted portion of such Security shall be deemed (so far as may be) to be the portion to be selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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 periodselected.

Appears in 3 contracts

Samples: Indenture (MicroCloud Hologram Inc.), Indenture (Fanhua Inc.), Indenture (Pinduoduo Inc.)

Selection of Securities to be Redeemed. If less than all the Securities 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 Trustee shall select the particular Securities to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basis. The Trustee shall make the selection be selected not more than 60 days and not less than 15 days before prior to the redemption date Redemption Date by the Trustee, from the Outstanding Securities outstanding not previously called for redemption. The , by such method as the Trustee shall deem fair and appropriate and which may select provide for the selection for redemption portions of a portion of the principal amount of Securities any Security, provided that have denominations larger than $1,000. Securities and portions the portion of them it selects the principal amount of any Security not redeemed shall be in amounts an authorized denomination (which shall not be less than the minimum authorized denomination) for such Security. If less than all the Securities of $1,000 or integral multiples 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 $1,000. Provisions of this Indenture that apply to Securities such specified tenor not previously called for redemption also apply to portions of Securities called for redemptionin accordance with the preceding sentence. The Trustee shall promptly notify the Company promptly in writing of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted 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 part after such selectionthe case of any Security redeemed or to be redeemed only in part, to the converted portion of the principal amount of such Security shall be deemed (so far as may be) which has been or is to be redeemed. If the portion to 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. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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: Fib Capital Trust, Fib Capital Trust, First Interstate Bancsystem of Montana Inc

Selection of Securities to be Redeemed. 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 Trustee shall select the particular Securities to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basis. The Trustee shall make the selection be selected not more than 60 days and not less than 15 days before prior to the redemption date Redemption Date by the Trustee or, in the case of Securities of such series represented by one or more Global Securities, in accordance with the Applicable Procedures, from the Outstanding Securities outstanding of such series not previously called for redemption. The , by such method as the Trustee may select for redemption portions shall deem fair and appropriate or, in the case of Securities of such series represented by one or more Global Securities, in accordance with the Applicable Procedures, provided that the unredeemed portion of the principal amount of Securities that have denominations larger than $1,000. Securities and portions of them it selects any Security shall be in amounts an authorized denomination (which shall not be less than the minimum authorized denomination) for such Security. If less than all the Securities of $1,000 such series 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 60 days prior to the Redemption Date by the Trustee, or, in the case of Securities of such series represented by one or integral multiples more Global Securities, in accordance with the Applicable Procedures, from the Outstanding Securities of $1,000. Provisions of this Indenture that apply to Securities such series and specified tenor not previously called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify in accordance with the Company promptly of the Securities or portions of Securities to be called for redemptionpreceding sentence. If any Security selected for partial redemption is converted in part after such selectionbefore 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 to be selected for redemption. The Securities (or portions thereof) so selected which have been converted during a selection of Securities to be redeemed shall be deemed duly selected treated by the Trustee as Outstanding for the purpose of such selection. The provisions of the preceding paragraph shall not apply with respect to any redemption for all purposes hereofaffecting only a single Security, notwithstanding that any whether such Security is converted to be redeemed in whole or in part before part. In the mailing case of any such redemption in part, the unredeemed portion of the notice principal amount of redemptionthe Security shall be in an authorized denomination (which shall not be less than the minimum authorized denomination) for such Security. Upon any For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of less than all Securities shall relate, in the Securities, the Company and the Trustee may treat as outstanding case of any Securities surrendered for conversion during redeemed or to be redeemed only in part, to the period 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 the principal amount of such periodSecurities which has been or is to be redeemed.

Appears in 3 contracts

Samples: Jefferies Group Capital Finance Inc., Jefferies Group Capital Finance Inc., Jefferies Group Capital Finance Inc.

Selection of Securities to be Redeemed. If less than all the Securities are to be redeemed, the Trustee shall select the particular Securities to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basis. The Trustee shall make the selection be selected not more than 60 45 days and not less than 15 days before prior to the redemption date Redemption Date, from the outstanding Securities outstanding of such series not previously called for redemption. The Trustee may select , by lot in accordance with Applicable Procedures for redemption portions the Global Securities or on a pro-rata basis, provided that each of the redeemed portion and the unredeemed portion of the principal amount of Securities that have denominations larger than $1,000. Securities and portions of them it selects any Security shall be in amounts an authorized denomination (which shall not be less than the minimum authorized denomination) for such Security. The selection of $1,000 any Security or integral multiples of $1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called portion thereof for redemption. The Trustee shall notify , the Company promptly sending of any notice of redemption, and the deposit of the Securities Redemption Price with the Trustee or portions a Paying Agent, shall not in any way limit the conversion privilege of Securities any Holder or the Company's Conversion Obligation with respect to be called any Security for redemptionwhich the Conversion Date occurs before the Redemption Date. If any Security selected for partial redemption is converted in part after such selectionbefore 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 to be selected for redemption. The Securities (or portions thereof) so selected which have been converted during a selection of Securities to be redeemed shall be deemed duly treated by the Trustee as outstanding for the purpose of such selection. The Trustee shall promptly notify the Company in writing of the Securities selected for redemption as aforesaid and, in case of any Securities selected for 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 hereofof this Indenture, notwithstanding that unless the context otherwise requires, all provisions relating to the redemption of Securities in this Article 13 shall relate, in the case of any such Security is converted Securities redeemed or to be redeemed only in whole or in part before part, to the mailing portion of the notice principal amount of redemptionsuch Securities which has been or is to be redeemed. Upon any redemption Securities and portions of less than all the Securities, the Company and them the Trustee may treat as outstanding any Securities surrendered for conversion during the period 15 days next preceding the mailing selects shall be in principal amounts of a notice $1,000 or integral multiples 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$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 the of any Series of Securities are to be redeemedredeemed at any time, the Trustee shall select the Securities of the Series to be redeemed by a method that complies among the applicable Holders of such Series in compliance with the requirements of the principal national securities exchange, if any, on which the Securities are listed, listed or, if the Securities are not so listed, on a pro rata basis, by lot or in accordance with any other method the Trustee considers fair and appropriate, provided that no Securities of $1,000 or less shall be redeemed in part. The Trustee In the event of partial redemption by lot, the particular Securities to be redeemed shall make the selection be selected, unless otherwise provided herein, not less than 30 nor more than 60 days and not less than 15 days before prior to the redemption date by the Trustee from the outstanding Securities outstanding not previously called for redemption. The Trustee may select shall promptly notify the Company in writing of the Securities of the Series selected for redemption portions and, in the case of any Security selected for partial redemption, the principal of Securities that have denominations larger than $1,000amount thereof to be redeemed. Securities and portions of them it selects Securities selected shall be in amounts of $1,000 or integral whole multiples of $1,000; except that if all of the Securities of a Holder are to be redeemed, the entire outstanding amount of Securities held by such Holder, even if not a multiple of $1,000, shall be redeemed. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to Securities of a Series called for redemption also apply to portions of Securities of that Series called for redemption. The Trustee shall notify the Company promptly of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selection, the converted portion of such Security shall be deemed (so far as may be) to be the portion to be selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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: Execution Copy (Iron Mountain Inc/Pa), Province Healthcare Co, Province Healthcare Co

Selection of Securities to be Redeemed. If Unless otherwise indicated for a particular Series by a Board Resolution, a supplemental indenture hereto or an Officers’ Certificate, if less than all the Securities of a Series are to be redeemed, the Trustee shall will select or cause to be selected the Securities of the Series to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basisbasis (or, in the case of Global Securities based on 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. The Trustee shall will make the selection not more than 60 days and not less than 15 days before the redemption date from Securities of Series outstanding not previously called for redemption. The Trustee will promptly notify the Company in writing of the Securities selected for redemption or purchase and, in the case of any Security selected for partial redemption or purchase, the principal amount thereof to be redeemed. The Trustee may select for redemption portions of the principal of Securities of the Series that have denominations larger than $1,0002,000. Securities of the Series and portions of them it selects shall will be in amounts of $1,000 2,000 or integral whole multiples of $1,000 or, with respect to Securities of any Series issuable in other denominations pursuant to Section 2.02(j), the minimum principal denomination for each Series and integral multiples thereof; except that if all of the Securities of a Holder are to be redeemed, the entire outstanding amount of Securities held by such Holder, even if not a multiple of $1,000, will be redeemed. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to Securities of a Series called for redemption also apply to portions of Securities of that Series called for redemption. The Trustee shall notify the Company promptly of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selection, the converted portion of such Security shall be deemed (so far as may be) to be the portion to be selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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: Indenture (Metropcs Communications Inc), Indenture (MetroPCS Finance, Inc.), Indenture (MetroPCS Finance, Inc.)

Selection of Securities to be Redeemed. If less than all the Securities are to be redeemed, the Trustee shall select the particular Securities to be redeemed will be selected not more than 60 days prior to the redemption date by a method that complies the Trustee in compliance with the requirements any applicable rules of the principal national U.S. securities exchange, if any, on which the Securities are listed, listed or, if the Securities are not so listedlisted 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 not more than 60 days and not less than 15 days before from the redemption date from Securities outstanding that are Outstanding that have not previously been called for redemption. The Trustee redemption and may select 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 excess thereof) of the principal amount of the Securities that have denominations of a denomination larger than $1,000. Securities and portions of them it selects shall be in amounts of $1,000 or integral multiples of $1,000. Provisions of this Indenture that apply to Securities called the minimum authorized denomination for redemption also apply to portions of Securities called for redemptionSecurities. The Trustee shall promptly notify the Company promptly in writing of the Securities or portions selected for redemption and, in the case of any Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selectionredemption, the converted portion of such Security shall be deemed (so far as may be) principal amount thereof to be redeemed. If the portion to 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. The For 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 portions thereof) so selected shall to be deemed duly selected for redemption for all purposes hereofredeemed only in part, notwithstanding that any such Security is converted in whole or in part before to the mailing portion of the notice principal amount of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any such Securities surrendered for conversion during the period 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 periodwhich has been or is to be redeemed.

Appears in 3 contracts

Samples: Indenture (Navistar, Inc.), Indenture (Navistar International Corp), Navistar International Corp

Selection of Securities to be Redeemed. If less than all of the Securities of any 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 from the outstanding Securities of such series (and tenor) not previously called for redemption, on a pro rata basis; provided that, if at the time of redemption such Securities are registered as a Global Security, the Depositary shall determine, in accordance with its procedures, the principal amount of such Securities held by each beneficial owner of Securities to be redeemed. If the Trustee selects the Securities to be redeemed, the Trustee shall select the Securities to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basis. The Trustee shall make the selection not more than 60 days and not less than 15 days before the redemption date from Securities outstanding not previously called for redemption. The Trustee may select for redemption portions of the principal of Securities that have denominations larger than $1,000. Securities and portions of them it selects shall be in amounts of $1,000 or integral multiples of $1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall promptly notify the Company promptly of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selection, the converted portion of such Security shall be deemed (so far as may be) to be the portion to be selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding Registrar in writing of the Securities selected for redemption and, in the case of any Securities surrendered selected for conversion during partial redemption, the period 15 days next preceding principal amount thereof to be redeemed. For purposes of this Indenture, unless the mailing context otherwise requires, all provisions relating to redemption of a notice Securities shall relate, in the case of redemption and need not treat as outstanding any Security authenticated and delivered during such period of the Securities redeemed or to be redeemed only in exchange for part, to the unconverted portion of any Security converted in part during such periodthe principal amount thereof which has been or is to be redeemed.

Appears in 3 contracts

Samples: Patterson (Patterson Uti Energy Inc), Patterson (Patterson Uti Energy Inc), Patterson Uti Energy Inc

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed (unless all of the Securities of such series of a specified tenor are to be redeemed), the Trustee shall select the particular Securities to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basis. The Trustee shall make the selection be selected not more than 60 days prior to the Redemption Date by the Trustee from the outstanding Securities of such series (and not less than 15 days before the redemption date from Securities outstanding tenor) not previously called for redemption. The Trustee , either by lot or by such other method as determined by applicable Depositary procedures and that may select provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of that series or any integral multiple thereof) of the principal amount of Securities that have denominations of such series of a denomination larger than $1,000. the minimum authorized denomination for Securities and portions of them it selects shall be in amounts that series or of $1,000 or integral multiples the principal amount of $1,000. Provisions Global Securities of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemptionsuch series. The Trustee shall promptly notify the Company promptly of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selection, the converted portion of such Security shall be deemed (so far as may be) to be the portion to be selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding Registrar in writing of the Securities selected for redemption and, in the case of any Securities surrendered selected for conversion during partial redemption, the period 15 days next preceding principal amount thereof to be redeemed. For purposes of this Indenture, unless the mailing context otherwise requires, all provisions relating to redemption of a notice Securities shall relate, in the case of redemption and need not treat as outstanding any Security authenticated and delivered during such period of the Securities redeemed or to be redeemed only in exchange for part, to the unconverted portion of any Security converted in part during such periodthe principal amount thereof which has been or is to be redeemed.

Appears in 3 contracts

Samples: Phillips 66 Co, Phillips 66, Conocophillips

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed, the Trustee shall select the particular Securities to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basis. The Trustee shall make the selection be selected not more than 60 days and not less than 15 days before prior to the redemption date Redemption Date by the Trustee, from the Outstanding Securities outstanding of such series not previously called for redemption. The , by such method as the Trustee shall deem fair and appropriate and which may select provide for the selection for redemption portions of a portion of the principal amount of Securities any Security of such series, provided, however, that have denominations larger than $1,000. Securities and portions the unredeemed portion of them it selects the principal amount of any Security shall be in amounts of $1,000 or integral multiples of $1,000. Provisions of this Indenture that apply to Securities called an authorized denomination (which shall not be less than the minimum authorized denomination) for redemption also apply to portions of Securities called for redemptionsuch Security. The Trustee shall promptly notify the Company promptly Corporation in writing of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted 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 part after such selectionthe case of any Security redeemed or to be redeemed only in part, to the converted portion of the principal amount of such Security shall be deemed (so far as may be) that has been or is to be the portion to be selected for redemptionredeemed. The Securities (or portions thereof) so selected provisions of the two preceding paragraphs shall be deemed duly selected for not apply with respect to any redemption for all purposes hereofaffecting only a single Security, notwithstanding that any whether such Security is converted to be redeemed in whole or in part before part. In the mailing case of any such redemption in part, the unredeemed portion of the notice principal amount of redemption. Upon any redemption of the Security shall be in an authorized denomination (which shall not be less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered minimum authorized denomination) for conversion during the period 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 periodSecurity.

Appears in 3 contracts

Samples: Indenture (Everest Re Capital Trust Iii), Everest Re Capital Trust, Everest Re Group LTD

Selection of Securities to be Redeemed. If If, at the option of the Corporation, less than all the Securities of a series are to be redeemed, the Trustee shall select the Securities to be redeemed by a method that complies with the requirements of the principal national securities exchangeTrustee considers fair and appropriate, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basissubject to any applicable stock exchange requirements. The Trustee shall make the selection not more than 60 days and not less than 15 days before the redemption date from outstanding Securities outstanding not previously called for redemption. The Trustee may select for redemption portions of the principal of Securities that have denominations a denomination larger than $1,0001,000 (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 amounts of $1,000 (or integral multiples the applicable minimum denomination for such Securities in the event the Securities are payable in a Foreign Currency or Currencies) or a multiple of $1,0001,000 (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. The Trustee for the Securities of any series to be redeemed shall promptly notify the Company promptly Corporation in writing of the Securities or portions of such series selected for redemption and, in the case of any Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selectionredemption, the converted portion of such Security shall be deemed (so far as may be) principal amount thereof to be the portion to be selected for redemptionredeemed. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for For all purposes hereofof this Indenture, notwithstanding that any such Security is converted in whole or in part before unless the mailing of context otherwise requires, all provisions relating to the notice of redemption. Upon any redemption of less than all Securities shall relate, in the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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 case of any Security converted redeemed or to be redeemed only in part during part, to the portion of the principal amount of such periodSecurities which has been or is to be redeemed.

Appears in 3 contracts

Samples: Lockheed Martin Corp, Lockheed Martin Corp, Lockheed Martin Corp

Selection of Securities to be Redeemed. If less than all the Securities held in definitive form are to be redeemed, the Trustee shall select the definitive Securities to be redeemed pro rata or by lot or by a method that complies with the requirements Trustee considers fair and appropriate (as long as such method is not prohibited by the rules of the principal national securities exchange, if any, any stock exchange on which the Securities are then listed, or, if the Securities are not so listed, on a pro rata basis). The Trustee shall make the selection at least 35 days, but not more than 60 days and not less than 15 days days, before the redemption date Redemption Date from outstanding definitive Securities outstanding not previously called for redemption. The Trustee may select for redemption portions of the principal Principal of Securities that have denominations larger than $1,000. Securities and portions of them it the Trustee selects shall be in amounts Principal Amounts of $1,000 or integral multiples a multiple of $1,000. Provisions of this Indenture that apply to definitive Securities called for redemption also apply to portions of definitive Securities called for redemption. The Trustee shall notify the Company promptly of the definitive Securities or portions of definitive Securities to be called for redemptionredeemed. Any interest in a Security held in global form by and registered in the name of the Depositary or its nominee to be redeemed in whole or in part will be redeemed in accordance with the procedures of the Depositary. If any Security selected for partial redemption is converted in part after such selectionbefore 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 to be selected for redemption. The Securities (or portions thereof) so selected shall which have been converted during a selection of Securities to be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and redeemed may be treated by the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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 purpose of any Security converted in part during such periodselection.

Appears in 3 contracts

Samples: Indenture (Network Associates Inc), Indenture (Atmel Corp), Indenture (Network Associates Inc)

Selection of Securities to be Redeemed. If less than all of the Securities are to be redeemed, unless the Applicable Procedures provide otherwise, the Trustee shall select the Securities to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basisredeemed. The Trustee shall make the selection not more than 60 days by lot, on a pro rata basis or by any other method the Trustee considers fair and not less than 15 days before appropriate or in accordance with the redemption date from Applicable Procedures to the extent the Securities outstanding not previously called for redemptionare issued as Global Securities. Securities in denominations of $1,000 principal amount may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 principal amount or any integral multiple thereof) of the principal of Securities that have denominations larger than $1,000. Securities and portions of them it selects shall be in amounts of $1,000 or integral multiples of $1,000principal amount. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify the Company promptly of the Securities or portions of the Securities to be called for redemptionredeemed. Securities and portions of Securities that are to be redeemed are convertible by the Holder until 5:00 p.m., New York City time, on the Business Day immediately preceding the Redemption Date. If any Security selected for partial redemption is converted in part after such selectionbefore 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 taken from the portion to be selected for redemption. The Securities (or portions thereof) so selected that have been converted subsequent to the Trustee commencing selection of Securities to be redeemed but prior to redemption of such Securities shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and treated by the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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 purpose of any Security converted in part during such periodselection.

Appears in 3 contracts

Samples: Purchase Agreement (C&d Technologies Inc), Indenture (C&d Technologies Inc), C&d Technologies Inc

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed (unless all of the Securities of such series of a specified tenor are to be redeemed), the Trustee shall select the particular Securities to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basis. The Trustee shall make the selection be selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Securities of such series (and not less than 15 days before the redemption date from Securities outstanding tenor) not previously called for redemption, either pro rata, by lot or by such other method as the Trustee shall deem fair and appropriate. The Trustee Such redemption may select provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of that series or any integral multiple thereof) of the principal amount of Securities that have denominations of such series of a denomination larger than $1,000. the minimum authorized denomination for Securities and portions of them it selects shall be in amounts that series or of $1,000 or integral multiples the principal amount of $1,000. Provisions Global Securities of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemptionsuch series. The Trustee shall promptly notify the Company promptly of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selection, the converted portion of such Security shall be deemed (so far as may be) to be the portion to be selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding Registrar in writing of the Securities selected for redemption and, in the case of any Securities surrendered selected for conversion during partial redemption, the period 15 days next preceding principal amount thereof to be redeemed. For purposes of this Indenture, unless the mailing context otherwise requires, all provisions relating to redemption of a notice Securities shall relate, in the case of redemption and need not treat as outstanding any Security authenticated and delivered during such period of the Securities redeemed or to be redeemed only in exchange for part, to the unconverted portion of any Security converted in part during such periodthe principal amount thereof which has been or is to be redeemed.

Appears in 3 contracts

Samples: Indenture (Petroleum Geo Services Asa), Petroleum Geo Services Asa, Petroleum Geo Services Asa

Selection of Securities to be Redeemed. If Unless otherwise specified as contemplated by Section 3.1, if less than all the Securities of a series with the same original issue date, interest rate and Stated Maturity are to be redeemed, the Trustee Trustee, not more than 45 days prior to the redemption date, shall select the Securities of the series to be redeemed by a method that complies with in such manner as the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basisTrustee shall deem fair and appropriate. The Trustee shall make the selection not more than 60 days and not less than 15 days before the redemption date from Securities outstanding of the series that are Outstanding and that have not previously been called for redemption. The Trustee redemption and may select provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of that series or any integral multiple thereof) of the principal amount of Securities that have denominations of such series of a denomination larger than $1,000. the minimum authorized denomination for Securities and portions of them it selects shall be in amounts of $1,000 or integral multiples of $1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemptionseries. The Trustee shall promptly notify the Company promptly in writing of the Securities or portions selected by the Trustee for redemption and, in the case of any Securities selected for partial redemption, the principal amount thereof to be called for redemptionredeemed. If any Security selected for partial redemption is converted in part after such selectionbefore 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 to be selected for redemption. The Securities (or portions thereof) so selected which have been converted during a selection of Securities to be redeemed shall be deemed duly selected treated by the Trustee as Outstanding for the purpose of such selection. For purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption for all purposes hereofof Securities shall relate, notwithstanding that in the case of any such Security is converted Securities redeemed or to be redeemed only in whole or in part before part, to the mailing portion of the notice principal amount of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any such Securities surrendered for conversion during the period 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 periodwhich has been or is to be redeemed.

Appears in 3 contracts

Samples: Esterline Technologies Corp, Icos Corp / De, At&t Wireless Services Inc

Selection of Securities to be Redeemed. If Unless otherwise -------------------------------------- specified as contemplated by Section 3.1, if less than all the Securities of a series with the same original issue date, interest rate and Stated Maturity are to be redeemed, the Trustee Trustee, not more than 45 days prior to the Redemption Date, shall select the Securities of the series to be redeemed by a method that complies with in such manner as the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basisTrustee shall deem fair and appropriate. The Trustee shall make the selection not more than 60 days from the Securities of the series that are Outstanding and not less than 15 days before the redemption date from Securities outstanding that have not previously been called for redemption. The Trustee redemption and may select provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of that series or any integral multiple thereof) of the principal amount of Securities that have denominations of such series of a denomination larger than $1,000. the minimum authorized denomination for Securities and portions of them it selects shall be in amounts of $1,000 or integral multiples of $1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemptionseries. The Trustee shall promptly notify the Company promptly of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selection, the converted portion of such Security shall be deemed (so far as may be) to be the portion to be selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Registrar in writing of the Securities selected by the Trustee may treat as outstanding for redemption and, in the case of any Securities surrendered selected for conversion during partial redemption, the period 15 days next preceding principal amount thereof to be redeemed. For all purposes of this Indenture, unless the mailing context otherwise requires, all provisions relating to the redemption of a notice Securities shall relate, in the case of redemption and need not treat as outstanding any Security authenticated and delivered during such period Securities redeemed or to be redeemed only in exchange for part, to the unconverted portion of any Security converted in part during the principal amount of such periodSecurities which has been or is to be redeemed.

Appears in 3 contracts

Samples: St Paul Bancorp Inc, Farmland Industries Inc, St Paul Bancorp Inc

Selection of Securities to be Redeemed. If less than all the Securities are to be redeemed, the Trustee shall select the Securities to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basis, by lot or by such other method as the Trustee considers fair and appropriate. The Trustee shall make the selection not more than 60 days and not less than 15 30 days before the redemption date from Securities outstanding not previously called for redemption. The Trustee may select for redemption portions of the principal of Securities that have denominations larger than $1,000. Securities and portions of them it selects shall be in amounts of $1,000 or integral multiples of $1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify the Company promptly of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selection, the converted portion of such Security shall be deemed (so far as may be) to be the portion to be selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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: Indenture (Tel Save Holdings Inc), Indenture (Sabratek Corp), Tel Save Holdings Inc

Selection of Securities to be Redeemed. If less than all the Securities held in definitive form are to be redeemedredeemed pursuant to Section 3.01, the Trustee shall select the definitive Securities to be redeemed pro rata or by --- ---- lot or by a method that complies with the requirements Trustee considers fair and appropriate (as long as such method is not prohibited by the rules of the principal national any securities exchange, if any, exchange or quotation system on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basisthen listed or quoted). The Trustee shall make the selection at least 35 days, but not more than 60 days and not less than 15 days days, before the redemption date Redemption Date from outstanding definitive Securities outstanding not previously called for redemption. The Trustee may select for redemption portions of the principal Principal Amount of Securities that have denominations larger than $1,000. Securities and portions of them it the Trustee selects shall be in amounts Principal Amounts of $1,000 or an integral multiples multiple of $1,000. Provisions of this Indenture that apply to definitive Securities called for redemption also apply to portions of definitive Securities called for redemption. The Trustee shall notify the Company promptly of the definitive Securities or portions of definitive Securities to be called for redemptionredeemed. Any interest in a Security held in global form by and registered in the name of the Depositary or its nominee to be redeemed in whole or in part will be redeemed in accordance with the procedures of the Depositary. If any Security selected for partial redemption is converted in part after such selectionbefore 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 to be selected for redemption. The Securities (or portions thereof) so selected shall which have been converted during a selection of Securities to be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and redeemed may be treated by the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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 purpose of any Security converted in part during such periodselection.

Appears in 3 contracts

Samples: Aspect Telecommunications Corp, Aspect Telecommunications Corp, Aspect Telecommunications Corp

Selection of Securities to be Redeemed. If less than all the Securities are to be redeemed, the Trustee shall select the Securities to be redeemed by a method that complies in compliance with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basis. The Trustee shall make the selection not more than 60 days and not less than 15 20 days before the redemption date from Securities outstanding not previously called for redemption. The Trustee may select for redemption portions of the principal of Securities that have denominations larger than $1,000. Securities and portions of them it selects shall be in amounts of $1,000 or integral multiples of $1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify the Company promptly of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selection, the converted portion of such Security shall be deemed (so far as may be) to be the portion to be selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 15 20 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: Coeur D Alene Mines Corp, Coeur D Alene Mines Corp, Coeur D Alene Mines Corp

Selection of Securities to be Redeemed. If less than all of the Securities are to be redeemed, the Trustee shall select the particular Securities to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basis. The Trustee shall make the selection be selected not more than 60 days and not less than 15 days before prior to the redemption date Redemption Date by the Trustee from the Outstanding Securities outstanding of such series not previously called for redemption. The , by such method as the Trustee shall deem fair and appropriate and which may select provide for the selection for redemption of portions of the principal amount of Securities Securities; provided, however, that have denominations larger no such partial redemption shall reduce the portion of the principal amount of a Security of such series not redeemed to less than $1,000. Securities and portions the minimum denomination for a Security of them it selects shall be in amounts of $1,000 such series established herein or integral multiples of $1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemptionpursuant hereto. The Trustee shall promptly notify the Company promptly and the Security Registrar (if other than itself) in writing of the Securities or portions 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 Securities redeemed or to be called for redemptionredeemed only in part, to the portion of the principal of such Securities which has been or is to be redeemed. If any Security selected for partial redemption is converted in part after into Shares pursuant to Article 18 before termination of such selectionconversion 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 to be selected for redemption. The Securities (or portions thereof) so selected which have been converted during a selection of Securities to be redeemed shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and treated by the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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 Outstanding for the unconverted portion purpose of any Security converted in part during such periodselection.

Appears in 3 contracts

Samples: Funding Agreement (Elan Corp PLC), Limited Waiver (Elan Corp PLC), Indenture (Elan Corp PLC)

Selection of Securities to be Redeemed. If less than all of the Securities of any series are to be redeemedredeemed at any time, the Trustee shall select the Securities of such series to be redeemed by a method that complies with among the requirements Holders of the principal national securities exchange, if any, on which Securities of such series by such method as the Trustee deems fair and appropriate; PROVIDED that no Securities are listed, or, if the Securities are not so listed, on a pro rata basisof $1,000 or less shall be redeemed in part. The Trustee particular Securities of such series to be redeemed shall make the selection be selected, unless otherwise provided herein, not less than 30 nor more than 60 days and not less than 15 days before prior to the redemption date by the Trustee from the outstanding Securities outstanding of the series not previously called for redemption. The Trustee may select shall promptly notify the Company in writing of the Securities selected for redemption portions and, in the case of any Security selected for partial redemption, the principal of Securities that have denominations larger than $1,000amount thereof to be redeemed. Securities and portions of them it selects Securities selected shall be in amounts of $1,000 or integral whole multiples of $1,000; except that if all of the Securities of 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. Provisions A new Security of the same series and tenor 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. The Trustee shall notify the Company promptly of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selection, the converted portion of such Security shall be deemed (so far as may be) to be the portion to be selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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 Indenture (Navigators Group Inc), Navigators Group Inc, Navigators Group 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 a series with the same terms are to be redeemed, the Trustee Trustee, not more than 45 days prior to the redemption date, shall select the Securities of the series to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basisor by lot or by any other method utilized by the Trustee. The Trustee shall make the selection not more than 60 days and not less than 15 days before the redemption date from Securities outstanding of the series that are Outstanding and that have not previously been called for redemption. The Trustee redemption and may select provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities, including coupons, if any, of that series or any integral multiple thereof) of the principal amount of Securities that have denominations Securities, including coupons, if any, of such series of a denomination larger than $1,000. the minimum authorized denomination for Securities and portions of them it selects shall be in amounts of $1,000 or integral multiples of $1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemptionseries. The Trustee shall promptly notify the Company promptly in writing of the Securities or portions selected by the Trustee for redemption and, in the case of any Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selectionredemption, the converted principal amount thereof to be redeemed. For 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 Security shall be deemed Securities (so far as may beincluding coupons, if any) which has been or is to be the portion to be selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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 periodredeemed.

Appears in 2 contracts

Samples: Indenture (Public Service Co of North Carolina Inc), Indenture (Public Service Co of North Carolina Inc)

Selection of Securities to be Redeemed. 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 are to be redeemed (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, 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 complies with any securities exchange or other Applicable 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. If less than all the Securities of such series and of a specified tenor are to be redeemedredeemed (unless such redemption affects only a single Security), the Trustee shall select the particular Securities to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basis. The Trustee shall make the selection be selected not more than 60 45 days prior to the Redemption Date by the Trustee, from the outstanding Securities of such series and not less than 15 days before the redemption date from Securities outstanding specified tenor not previously called for redemption. The Trustee may select for redemption portions of in accordance with the principal of Securities that have denominations larger than $1,000. Securities and portions of them it selects shall be in amounts of $1,000 or integral multiples of $1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify the Company promptly of the Securities or portions of Securities to be called for redemptionpreceding sentence. If any Security selected for partial redemption is converted in part after such selectionbefore 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 to be selected for redemption. The Securities (or portions thereof) so selected which have been converted during a selection of securities to be redeemed shall be deemed duly selected 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 for all purposes hereofaffecting only a single Security, notwithstanding that any whether such Security is converted to be redeemed in whole or in part before part. In the mailing case of any such redemption in part, the unredeemed portion of the notice principal amount of redemptionthe Security shall be in an authorized denomination (which shall not be less than the minimum authorized denomination) for such Security. Upon any For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of less than all Securities shall relate, in the Securitiescase 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 and shall so direct, Securities registered in the Trustee may treat as outstanding name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities surrendered selected for conversion during the period 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 periodredemption.

Appears in 2 contracts

Samples: Indenture (Laboratory Corp of America Holdings/De), Indenture (Laboratory Corp of America Holdings)

Selection of Securities to be Redeemed. 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 Trustee shall select the particular Securities to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basis. The Trustee shall make the selection be selected not more than 60 days and not less than 15 days before prior to the redemption date Redemption Date by the Trustee, from the Outstanding Securities outstanding of such series not previously called for redemption. The , by such method as the Trustee shall deem fair and appropriate and which may select provide for the selection for redemption portions of a portion of the principal amount of any Security of such series to be redeemed. If less than all the Securities that have denominations larger than $1,000. of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities and portions of them it selects to be redeemed shall be in amounts selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of $1,000 or integral multiples of $1,000. Provisions of this Indenture that apply to Securities such series and specified tenor not previously called for redemption also apply to portions of Securities called for redemptionin accordance with the preceding sentence. The Trustee shall promptly notify the Company promptly in writing of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted 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 part after such selectionthe case of any Security redeemed or to be redeemed only in part, to the converted portion of the principal amount of such Security shall be deemed (so far as may be) which has been or is to be redeemed. If the portion to 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. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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: Pmi Capital I, Pmi Group Inc

Selection of Securities to be Redeemed. If less than all of the Securities of any series are to be redeemed, the Trustee shall select the particular Securities to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basis. The Trustee shall make the selection be selected not more than 60 days and not less than 15 days before prior to the redemption date Redemption Date by the Trustee, from the outstanding Securities outstanding of such series not previously called for redemption, either pro rata, by lot or by such other method as the Trustee shall deem fair and appropriate. The Trustee Such redemption may select provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of that series or any integral multiple thereof) of the principal amount of Securities that have denominations of such series of a denomination larger than $1,000. the minimum authorized denomination for Securities and portions of them it selects shall be in amounts that series or of $1,000 or integral multiples the principal amount of $1,000. Provisions Global Securities of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemptionsuch series. The Trustee shall promptly notify the Company promptly of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selection, the converted portion of such Security shall be deemed (so far as may be) to be the portion to be selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding Registrar in writing of the Securities selected for redemption and, in the case of any Securities surrendered selected for conversion during partial redemption, the period 15 days next preceding principal amount thereof to be redeemed. For purposes of this Indenture, unless the mailing context otherwise requires, all provisions relating to redemption of a notice Securities of redemption and need not treat as outstanding any Security authenticated and delivered during such period series shall relate, in exchange for the unconverted case of any of the Securities redeemed or to be redeemed only in part, to the portion of any Security converted in part during such periodthe principal amount thereof which has been or is to be redeemed.

Appears in 2 contracts

Samples: Seitel Capital Trust Ii, R&b Falcon Corp

Selection of Securities to be Redeemed. If less than all the Securities are to be redeemed, the Trustee shall select the Securities to be redeemed pro rata or by a lot or by any other method that complies with the requirements Trustee considers fair and appropriate (so long as such method is not prohibited by the rules of the principal national securities exchange, if any, any stock exchange on which the Securities are then listed, or, if the Securities are not so listed, on a pro rata basis). The Trustee shall make the selection at least 15 days but not more than 60 days and not less than 15 days before the redemption date Redemption Date from outstanding Securities outstanding not previously called for redemption. The Trustee may select for redemption portions of the principal Original Principal Amount of Securities that have denominations larger than $1,000. Securities and portions of them it the Trustee selects shall be in amounts Original Principal Amounts of $1,000 or an integral multiples multiple of $1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify the Company promptly of the Securities or portions of Securities to be called for redemptionredeemed. If any Security selected for partial redemption is converted in part after such selectionbefore 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 to be selected for redemption. The Securities (or portions thereof) so selected which 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. Notwithstanding the foregoing, if the Accreted Principal Amount has been accelerated and such acceleration has not been rescinded, the Company shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of not redeem less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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 periodthen outstanding.

Appears in 2 contracts

Samples: Indenture (American Express Co), Indenture (American Express Co)

Selection of Securities to be Redeemed. If Unless otherwise specified as contemplated by Section 3.1, if less than all the Securities of a series with the same original issue date, interest rate and Stated Maturity are to be redeemed, the Trustee Trustee, not more than 45 days prior to the Redemption Date, shall select the Securities of the series to be redeemed by a method that complies with in such manner as the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basisTrustee shall deem fair and appropriate. The Trustee shall make the selection not more than 60 days from the Securities of the series that are Outstanding and not less than 15 days before the redemption date from Securities outstanding that have not previously been called for redemption. The Trustee redemption and may select provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of that series or any integral multiple thereof) of the principal amount of Securities that have denominations of such series of a denomination larger than $1,000. the minimum authorized denomination for Securities and portions of them it selects shall be in amounts of $1,000 or integral multiples of $1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemptionseries. The Trustee shall promptly notify the Company promptly of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selection, the converted portion of such Security shall be deemed (so far as may be) to be the portion to be selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Registrar in writing of the Securities selected by the Trustee may treat as outstanding for redemption and, in the case of any Securities surrendered selected for conversion during partial redemption, the period 15 days next preceding principal amount thereof to be redeemed. For all purposes of this Indenture, unless the mailing context otherwise requires, all provisions relating to the redemption of a notice Securities shall relate, in the case of redemption and need not treat as outstanding any Security authenticated and delivered during such period Securities redeemed or to be redeemed only in exchange for part, to the unconverted portion of any Security converted in part during the principal amount of such periodSecurities which has been or is to be redeemed.

Appears in 2 contracts

Samples: Farmland Industries Inc, Farmland Industries Inc

Selection of Securities to be Redeemed. If less than all the Securities held in definitive form are to be redeemedredeemed pursuant to Section 3.01, the Trustee shall select the definitive Securities to be redeemed PRO RATA or by lot or by a method that complies with the requirements Trustee considers fair and appropriate (as long as such method is not prohibited by the rules of the principal national any securities exchange, if any, exchange or quotation system on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basisthen listed or quoted). The Trustee shall make the selection at least 25 days, but not more than 60 days and not less than 15 days 65 days, before the redemption date Redemption Date from outstanding definitive Securities outstanding not previously called for redemption. The Trustee may select for redemption portions of the principal Principal Amount of Securities that have denominations larger than $1,000. Securities and portions of them it the Trustee selects shall be in amounts Principal Amounts of $1,000 or an integral multiples multiple of $1,000. Provisions Except as expressly stated otherwise, provisions of this Indenture that apply to definitive Securities called for redemption also apply to portions of definitive Securities called for redemption. The Trustee shall notify the Company promptly of the definitive Securities or portions of definitive Securities to be called for redemptionredeemed. Any interest in a Security held in global form by and registered in the name of the Depositary or its nominee to be redeemed in whole or in part will be redeemed in accordance with the procedures of the Depositary. If any Security selected for partial redemption is converted in part after such selectionbefore 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 to be selected for redemption. The Securities (or portions thereof) so selected shall which have been converted during a selection of Securities to be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and redeemed may be treated by the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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 purpose of any Security converted in part during such periodselection.

Appears in 2 contracts

Samples: Indenture (Wellpoint Health Networks Inc /De/), Indenture (Wellpoint Health Networks Inc /De/)

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed (unless all of the Securities of such series of a specified tenor are to be redeemed), the Trustee shall select the particular Securities to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basis. The Trustee shall make the selection be selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Securities of such series (and not less than 15 days before the redemption date from Securities outstanding tenor) not previously called for redemption. The , either pro rata, by lot or by such other method as the Trustee shall deem fair and appropriate and that redemption may select provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of such series or any integral multiple thereof) of the principal amount of Securities that have denominations of such series of a denomination larger than $1,000. the minimum authorized denomination for Securities and portions of them it selects shall be in amounts such series or of $1,000 or integral multiples the principal amount of $1,000. Provisions Global Securities of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemptionsuch series. The Trustee shall promptly notify the Company promptly of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selection, the converted portion of such Security shall be deemed (so far as may be) to be the portion to be selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding Registrar in writing of the Securities selected for redemption and, in the case of any Securities surrendered selected for conversion during partial redemption, the period 15 days next preceding principal amount thereof to be redeemed. For purposes of this Indenture, unless the mailing context otherwise requires, all provisions relating to redemption of a notice Securities of redemption and need not treat as outstanding any Security authenticated and delivered during such period series shall relate, in exchange for the unconverted case of any of the Securities redeemed or to be redeemed only in part, to the portion of any Security converted in part during such periodthe principal amount thereof which has been or is to be redeemed.

Appears in 2 contracts

Samples: Indenture (Lennox Industries Inc), Lennox Industries Inc

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed, or purchased in an offer to purchase at any time, the Trustee shall select the Securities of that series to be redeemed by a method that complies or purchased as follows: (1) if the Securities of such series are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange, if any, exchange on which the Securities of that series are listed, or, listed or (2) if the Securities of that series are not so listedlisted on a national securities exchange, on a pro rata basis, by lot or by such other method as the Trustee deems fair and appropriate. The Trustee shall make In the selection event of a partial redemption or purchase by lot, the particular Securities to be redeemed or purchased will be selected not less than 45 nor more than 60 days and not less than 15 days before prior to the redemption or purchase date by the Trustee from Securities of that series outstanding and not previously called for redemption. The Trustee may select shall notify the Issuer promptly in writing of the Securities or portions of Securities to be called for redemption portions or purchase and, in the case of any Securities selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Except as otherwise provided as to any particular series of Securities that have denominations larger than $1,000. Securities, Securities and portions of them it thereof that the Trustee selects shall be in amounts equal to the minimum authorized denomination for Securities of $1,000 the series to be redeemed or purchased or any integral multiples multiple thereof, except that if all of $1,000the Securities of the series are to be redeemed or purchased, the entire outstanding amount of the Securities of the series held by such Holder, even if not equal to the minimum authorized denomination for the Securities of that series, shall be redeemed or purchased. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify Issuer may acquire Securities by means other than redemption, whether pursuant to an Issuer tender offer, open market purchase or otherwise provided such acquisition does not otherwise violate the Company promptly other terms of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selection, the converted portion of such Security shall be deemed (so far as may be) to be the portion to be selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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 periodthis Indenture.

Appears in 2 contracts

Samples: Indenture (Meritage Homes of Texas Holding, Inc.), Indenture (Mobile Mini Inc)

Selection of Securities to be Redeemed. If the Company elects to redeem Securities pursuant to Section 3.07 and less than all the Securities are to be redeemed, the Trustee shall select the Securities to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basis. The Trustee shall make the selection not more than 60 days and not less than 15 days before the redemption date from Securities outstanding not previously called for redemption. The Trustee may select for redemption portions of the principal of Securities that have denominations larger than $1,000. Securities and portions of them it the Trustee selects shall be in amounts of $1,000 principal amount or positive integral multiples of $1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption1,000 principal amount. The Trustee shall promptly notify the Company promptly in writing of the Securities selected for redemption and the principal amount thereof to be redeemed. The Registrar need not transfer or portions exchange any Securities selected for redemption, except the unredeemed portion of the Securities redeemed in part. Also, the Registrar need not transfer or exchange any Securities for a period of 15 days before any selection of Securities for redemption and ending at the Close of Business on the date on which the relevant notice of redemption is deemed to be called for redemptionhave been given. If any Security selected for partial redemption is converted in part after such selectionbefore 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 to be selected for redemption. The Securities (or portions thereof) so selected shall which have been converted during a selection of Securities to be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and redeemed may be treated by the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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 purpose of any Security converted in part during such periodselection.

Appears in 2 contracts

Samples: Indenture (Blackboard Inc), Blackboard Inc

Selection of Securities to be Redeemed. If less than all of the Securities of like tenor of any series are to be redeemedredeemed at any time, the Trustee shall select the particular Securities to be redeemed by among the Holders on a method that PRO RATA basis (and in such manner as complies with the requirements of the principal national securities exchangeapplicable legal and stock exchange requirements, if any) or in such other manner as the Trustee, on which in the exercise of its reasonable discretion, deems fair and appropriate. In the event of partial redemption by lot, the particular Securities are listedto be redeemed from the Outstanding Securities of like tenor of such series shall be selected, orunless otherwise provided herein, if the Securities are not so listed, on a pro rata basis. The Trustee shall make the selection not less than 30 nor more than 60 days and not less than 15 days before prior to the redemption date Redemption Date by the Trustee from the Outstanding Securities outstanding of like tenor of such series not previously called for redemption. The Trustee may select shall promptly notify the Company in writing of the Securities selected for redemption portions and, in the case of any Security selected for partial redemption, the principal of Securities that have denominations larger than $1,000amount thereof to be redeemed. Securities and portions of them it selects selected shall be in amounts of $1,000 or integral whole multiples of $1,000; except that if all of the Securities of a Holder are to be redeemed, the entire outstanding amount of Securities held by such Holder, even if not a multiple of $1,000, shall be redeemed. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify the Company promptly of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selection, the converted portion of such Security shall be deemed (so far as may be) to be the portion to be selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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: Indenture (Olympic Financial LTD), Olympic Financial (Olympic Financial LTD)

Selection of Securities to be Redeemed. If less than all of the Securities are to be redeemed, unless the procedures of the Depositary provide otherwise, the Trustee shall select the Securities to be redeemed by lot, on a pro rata basis or by another method that complies with the requirements Trustee considers fair and appropriate (so long as such method is not prohibited by the rules of the principal national securities exchange, if any, any stock exchange on which the Securities are then listed, or, if the Securities are not so listed, on a pro rata basis). The Trustee shall make the selection not more than 60 days and not less than 15 days before within five Business Days after it receives the redemption date notice provided for in Section 3.01 from outstanding Securities outstanding not previously called for redemption. The Trustee may select for redemption portions of the principal amount of Securities that have denominations larger than $1,000. Securities and portions of them it Securities that the Trustee selects shall be in principal amounts of $1,000 or an integral multiples multiple of $1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify the Company promptly of the Securities or portions of the Securities to be called for redemptionredeemed. Securities and portions of Securities that are to be redeemed are convertible, pursuant to Section 10.01(a)(2), by the 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 after such selectionbefore 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 to be selected for redemption. The Securities (or portions thereof) so selected shall that have been converted during a selection of Securities to be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and redeemed may be treated by the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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 purpose of any Security converted in part during such periodselection.

Appears in 2 contracts

Samples: Sierra Health Services (Sierra Health Services Inc), Indenture (Genesco Inc)

Selection of Securities to be Redeemed. If less than all the Securities are to be redeemed, the Trustee shall select the particular Securities to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, shall be selected and redeemed on a pro rata basis. The Trustee shall make the selection basis not more than 60 sixty (60) days and not less than 15 days before prior to the redemption date Redemption Date by the Trustee from the Outstanding Securities outstanding not previously called for redemption. The Trustee may select for redemption portions , provided, that the unredeemed portion of the principal amount of Securities that have denominations larger than $1,000. Securities and portions of them it selects any Security shall be in amounts of $1,000 or integral multiples of $1,000. Provisions of this Indenture that apply to Securities called an authorized denomination (which shall not be less than the minimum authorized denomination) for redemption also apply to portions of Securities called for redemptionsuch Security. The Trustee shall promptly notify the Company promptly in writing of the Securities or portions selected for redemption and, in the case of any Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selectionredemption, the converted 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 shall be deemed (so far as may be) that has been or is to be the portion to be selected for redemptionredeemed. The Securities provisions of paragraphs (or portions thereofa) so selected and (b) of this Section 11.4 shall be deemed duly selected for not apply with respect to any redemption for all purposes hereofaffecting only a single Security, notwithstanding that any whether such Security is converted to be redeemed in whole or in part before part. In the mailing case of any such redemption in part, the unredeemed portion of the notice principal amount of redemption. Upon any redemption of the Security shall be in an authorized denomination (which shall not be less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered minimum authorized denomination) for conversion during the period 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 periodSecurity.

Appears in 2 contracts

Samples: Vision Bancshares Inc, Valley Financial Corp /Va/

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 a series with the same terms are to be redeemed, the Trustee Trustee, not more than 45 days prior to the redemption date, shall select the Securities of the series to be redeemed by a method that complies with in such manner as the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basisTrustee shall deem fair and appropriate. The Trustee shall make the selection not more than 60 days and not less than 15 days before the redemption date from Securities outstanding of the series that are Outstanding and that have not previously been called for redemption. The Trustee redemption and may select provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities, including coupons, if any, of that series or any integral multiple thereof) of the principal amount of Securities that have denominations Securities, including coupons, if any, of such series of a denomination larger than $1,000. the minimum authorized denomination for Securities and portions of them it selects shall be in amounts of $1,000 or integral multiples of $1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemptionseries. The Trustee shall promptly notify the Company promptly in writing of the Securities or portions selected by the Trustee for redemption and, in the case of any Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selectionredemption, the converted principal amount thereof to be redeemed. For 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 Security shall be deemed Securities (so far as may beincluding coupons, if any) that has been or is to be the portion to be selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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 periodredeemed.

Appears in 2 contracts

Samples: Indenture (Acterna Corp), Acterna Corp

Selection of Securities to be Redeemed. If less the Company decides to redeem fewer than all of the Securities are to be redeemedSecurities, unless the procedures of the Depositary provide otherwise, the Trustee shall select the Securities to be redeemed by a method that complies with the requirements of the principal national securities exchangelot, if any, on which the Securities are listed, or, if the Securities are not so listedor in its discretion, on a pro rata basis. The Trustee shall make the selection not more than 60 days and not less than 15 days before the redemption date from Securities outstanding not previously called for redemption. The Trustee may select for redemption portions of the principal amount of Securities that have denominations larger than $1,000. Securities and portions of them it Securities that the Trustee selects shall be in principal amounts of $1,000 or an integral multiples multiple of $1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify the Company promptly (but in any case within seven days of the Company Order referred to in Section 5.01 unless a shorter notice is acceptable to the Company) of the Securities or portions of the Securities selected to be called redeemed and, in the case of any Securities selected for partial redemption, the method it has chosen for the selection of the Security. Following a notice of redemption, Securities and portions of Securities are convertible, pursuant to Section 7.01(b)(iii), by the 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 after such selectionbefore 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 to be selected for redemption. The Securities (or portions thereof) so selected shall that have been converted during a selection of Securities to be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and redeemed may be treated by the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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 purpose of any Security converted in part during such periodselection.

Appears in 2 contracts

Samples: Indenture (Linear Technology Corp /Ca/), Linear Technology Corp /Ca/

Selection of Securities to be Redeemed. If the Company has elected to redeem less than all the Securities are pursuant to be redeemedparagraph 6 of the Securities, the Trustee shall shall, within five (5) Business Days after receiving the notice specified in Section 3.07, select the Securities to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listedlot, on a pro rata basisbasis or in accordance with any other method the Trustee considers fair and appropriate, provided such method is not 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 the such selection not more than 60 days from Securities then outstanding and not less than 15 days before the redemption date from Securities outstanding not already to be redeemed by virtue of having been previously called for redemption. The Trustee may select for redemption portions of the principal of Securities that have denominations larger than $1,000Redemption. Securities and portions of them it the Trustee selects for Redemption shall be in amounts of $1,000 principal amount or integral multiples of $1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption1,000 principal amount. The Trustee shall promptly notify the Company promptly in writing of the Securities selected for Redemption and the principal amount thereof to be redeemed. The Security Registrar need not register the transfer of or portions exchange any Securities that have been selected for Redemption, except the unredeemed portion of the Securities being redeemed in part. Notwithstanding anything in this Supplemental Indenture, the Base Indenture or the Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selectionthe contrary, the converted portion reference, in the eighth (8th) paragraph of such Security shall be deemed (so far as may be) to be the portion to be selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing Section 3.05 of the notice Base Indenture, to “Section 11.05” shall, for purposes of redemption. Upon any redemption of less than all the Securities, be deemed to be replaced with the Company and phrase “Section 3.08 of the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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 periodSupplemental Indenture”.

Appears in 2 contracts

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

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed (unless all of the Securities of such series of a specified tenor are to be redeemed), the Trustee shall select the particular Securities to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basis. The Trustee shall make the selection be selected not more than 60 days prior to the Redemption Date by the Trustee from the outstanding Securities of such series (and not less than 15 days before the redemption date from Securities outstanding tenor) not previously called for redemption. The , either at random, by lot or by such other method as the Trustee shall deem fair and appropriate and that may select provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of that series or any integral multiple thereof) of the principal amount of Securities that have denominations of such series of a denomination larger than $1,000. the minimum authorized denomination for Securities and portions of them it selects shall be in amounts that series or of $1,000 or integral multiples the principal amount of $1,000. Provisions Global Securities of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemptionsuch series. The Trustee shall promptly notify the Company promptly of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selection, the converted portion of such Security shall be deemed (so far as may be) to be the portion to be selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding Registrar in writing of the Securities selected for redemption and, in the case of any Securities surrendered selected for conversion during partial redemption, the period 15 days next preceding principal amount thereof to be redeemed. For purposes of this Indenture, unless the mailing context otherwise requires, all provisions relating to redemption of a notice Securities shall relate, in the case of redemption and need not treat as outstanding any Security authenticated and delivered during such period of the Securities redeemed or to be redeemed only in exchange for part, to the unconverted portion of any Security converted in part during such periodthe principal amount thereof which has been or is to be redeemed.

Appears in 2 contracts

Samples: Indenture (Transocean Inc), Senior Indenture (Exterran Holdings Inc.)

Selection of Securities to be Redeemed. If less than all the -------------------------------------- Securities of any series are to be redeemed (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, from the Outstanding Securities of such series not previously called for redemption, by such method as the Trustee shall deem fair and appropriate and that 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. If less than all the Securities of such series and of a specified tenor are to be redeemedredeemed (unless such redemption affects only a single Security), the Trustee shall select the particular Securities to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basis. The Trustee shall make the selection be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series and not less than 15 days before the redemption date from Securities outstanding specified tenor not previously called for redemption. The Trustee may select for redemption portions of in accordance with the principal of Securities that have denominations larger than $1,000. Securities and portions of them it selects shall be in amounts of $1,000 or integral multiples of $1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemptionpreceding sentence. The Trustee shall promptly notify the Company promptly in writing of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted 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 part after such selectionthe case of any Security redeemed or to be redeemed only in part, to the converted portion of the principal amount of such Security shall be deemed (so far as may be) that has been or is to be redeemed. If the portion to 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. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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: Commonwealth Bankshares Inc, Commonwealth Bankshares Inc

Selection of Securities to be Redeemed. If less than all of the Securities of any series are to be redeemedredeemed at any time, the Trustee shall select the Securities of such series to be redeemed by a method that complies in compliance with the requirements of the principal national securities exchange, if any, on which the such Securities are listed, or, or if the such Securities are not so listedlisted on a national securities exchange, on a pro rata basis, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate. The Trustee shall make the selection not more than 60 days and not less than 15 days before from the redemption date from Securities outstanding of the applicable series not previously called for redemption. The Trustee may select shall promptly notify the Issuer in writing of the Securities selected for redemption portions and, in the case of any Security of a series selected for partial redemption, the principal amount thereof to be redeemed. Securities may be redeemed in principal amounts equal to authorized denominations for Securities of such series; except that if all of the principal Securities of a series of a Holder are to be redeemed, the entire outstanding amount of Securities that have of such series held by such Holder may be redeemed, even if not in the authorized denominations larger than $1,000for such Security. Securities and portions of them it selects shall be Except as provided in amounts of $1,000 or integral multiples of $1,000. Provisions the preceding sentence, provisions of this Indenture that apply to Securities of a series called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify the Company promptly of the Securities or portions of Securities to be a series called for redemption. If a Security of any Security selected for partial redemption series is converted to be redeemed in part after such selectiononly, the converted notice of redemption that relates to such Security shall state the portion of the principal amount of such Security that is to be redeemed. A new Security of the applicable series in principal amount equal to the unredeemed portion of the original Security shall be deemed (so far as may be) issued in the name of the Holder of the Securities of such series upon cancellation of the original Securities. Securities called for redemption become due on the Redemption Date. On and after the Redemption Date, interest ceases to be the portion to be selected for redemption. The accrue on Securities (or portions thereof) so selected shall be deemed duly selected of them called for redemption for all purposes hereof, notwithstanding that any such Security is converted unless the Issuer defaults in whole or in part before making the mailing of the notice of redemption. Upon any applicable redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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 periodpayment.

Appears in 2 contracts

Samples: Indenture (Kansas City Southern), Indenture (Kansas City Southern)

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Selection of Securities to be Redeemed. If less than all the Securities held in definitive form are to be redeemedredeemed pursuant to Section 3.1, the Trustee shall select the definitive Securities to be redeemed pro rata or by a lot or by another method that complies with the requirements Trustee considers fair and appropriate (as long as such method is not prohibited by the rules of the principal national any quotation system or securities exchange, if any, exchange on which the Securities are then quoted or listed, or, if the Securities are not so listed, on a pro rata basis). The Trustee shall make the selection at least 35 days, but not more than 60 days and not less than 15 days days, before the redemption date Redemption Date from outstanding definitive Securities outstanding not previously called for redemption. The Trustee may select for redemption portions of the principal Principal Amount of Securities that have denominations larger than $$ 1,000. Securities and portions of them it the Trustee selects shall be in amounts Principal Amounts of $$ 1,000 or an integral multiples multiple of $$ 1,000. Provisions of this Indenture that apply to definitive Securities called for redemption also apply to portions of definitive Securities called for redemption. The Trustee shall notify the Company promptly of the definitive Securities or portions of definitive Securities to be called for redemptionredeemed. Any interest in a Security held in global form by and registered in the name of the Depositary or its nominee to be redeemed in whole or in part will be redeemed in accordance with the procedures of the Depositary. If any Security selected for partial redemption is converted in part after such selectionbefore 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 (to the fullest extent possible) the portion to be selected for redemption. The Securities (or portions thereof) so selected shall which have been converted during a selection of Securities to be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and redeemed may be treated by the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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 purpose of any Security converted in part during such periodselection.

Appears in 2 contracts

Samples: Indenture (Atmel Corp), Indenture (Atmel Corp)

Selection of Securities to be Redeemed. If less than all the Securities of any 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 Company or the Trustee, from the Outstanding Securities of such series not previously called for redemption, by such method as the 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 that series or any integral multiple thereof) of the principal amount of Registered Securities of such series of a denomination larger than the minimum authorized denomination for Securities of that series or of the principal amount of global Securities of such series. If less than all of the Securities of such series and of a specified tenor are to be redeemed, the Trustee shall select the particular Securities to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basis. The Trustee shall make the selection be selected not more than 60 45 days prior to the Redemption Date by the Company or the Trustee, from INDENTURE -54- 61 the Outstanding Securities of such series and not less than 15 days before the redemption date from Securities outstanding specified tenor not previously called for redemptionredemption in accordance with the preceding sentence. The Trustee Company or the Trustee, as the case may select be, shall promptly notify the other in writing of the Securities selected for redemption portions 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 Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities that have denominations larger than $1,000. Securities and portions of them it selects shall be in amounts of $1,000 which has been or integral multiples of $1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify the Company promptly of the Securities or portions of Securities is to be called for redemption. If any Security selected for partial redemption is converted in part after such selection, the converted portion of such Security shall be deemed (so far as may be) to be the portion to be selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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 periodredeemed.

Appears in 2 contracts

Samples: Newfield Financial Trust Ii, Newfield Exploration Co /De/

Selection of Securities to be Redeemed. If less than all the Securities are to be redeemed, the Trustee shall Issuer 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 by a method the Issuer not more than 45 days prior to the Redemption Date from the Outstanding Securities of that complies series not previously called for redemption, by, (i) if the Securities are listed on any Stock Exchange, in compliance with the requirements of the principal national securities exchange, if any, Stock Exchange on which the Securities are listed, or, if the Securities are not so listed, (ii) on a pro rata basisbasis to the extent practicable or (iii) to the extent that selection on a pro rata basis is not practicable by lot or such other method as the Subordinated Trustee for the Securities of such series shall deem fair and appropriate. The Issuer shall promptly notify in writing the Subordinated Trustee shall make for the selection not more than 60 days and not less than 15 days before Securities of such series selected for redemption and, in the case of any Securities of a series selected for 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 date from of Securities outstanding not previously called for redemption. The Trustee may select for redemption portions 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 Securities that have denominations larger than $1,000. Securities and portions of them it selects shall be in amounts of $1,000 which has been or integral multiples of $1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify the Company promptly of the Securities or portions of Securities is to be called for redemption. If any Security selected for partial redemption is converted in part after such selection, the converted portion of such Security shall be deemed (so far as may be) to be the portion to be selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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 periodredeemed.

Appears in 2 contracts

Samples: Indenture (Prudential Funding (Asia) PLC), Subordinated Indenture (Prudential PLC)

Selection of Securities to be Redeemed. If In the event that less than all of the Securities are to be redeemedredeemed at any time (other than in the case of a regulatory redemption) pursuant to the redemption provisions of Pxxxxxxxx 0, Xxxxxxxxx 6 or Paragraph 7 of the Securities, the Trustee shall will select the Securities or portions thereof to be redeemed by a method that complies with among the requirements Holders of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basis. , by lot or by any other method the Trustee considers fair and appropriate unless otherwise required by law or applicable depositary requirements; The Trustee shall make the selection not more than 60 days and not less than 15 days before from the redemption date from Securities outstanding and not previously called for redemption and shall promptly notify the Issuer in writing of the Securities selected for redemption and, in the case of any Security selected for partial redemption, the principal amount thereof to be redeemed. No Securities having principal of less than the Minimum Denominations Requirement may be redeemed in part. The Trustee may select for redemption portions (not less than the Minimum Denominations Requirement) of the principal amount of Securities that have denominations larger than $1,000. Securities and portions of them it selects shall be in amounts of $1,000 or integral multiples of $1,0002,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify the Company promptly of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selection, the converted portion of such Security shall be deemed (so far as may be) to be the portion to be selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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: Indenture (Scientific Games Corp), Indenture (Scientific Games Corp)

Selection of Securities to be Redeemed. If less than all the Securities are to be redeemed, the Trustee shall select the Securities to be redeemed pro rata or by a lot or by any other method that complies with the requirements Trustee considers fair and appropriate (so long as such method is not prohibited by the rules of the principal national securities exchange, if any, any stock exchange on which the Securities are then listed, or, if the Securities are not so listed, on a pro rata basis). The Trustee shall make the selection at least 30 but not more than 60 days and not less than 15 days before the redemption date Redemption Date from outstanding Securities outstanding not previously called for redemption. The Trustee may select for redemption portions of the principal Principal Amount of Securities that have denominations larger than $1,000. Securities and portions of them it the Trustee selects shall be in amounts Principal Amounts of $1,000 or an integral multiples multiple of $1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify the Company promptly of the Securities or portions of Securities to be called for redemptionredeemed. If any Security selected for partial redemption is converted thereafter surrendered for conversion in part after before termination of the conversion right with respect to the portion of the Security so selected and prior to such selectionredemption, the converted portion of such Security shall be deemed (so far as may be) ), solely for purposes of determining the aggregate Principal Amount of Securities to be redeemed by the Company, to be the portion to be selected for redemption. The Securities (or portions thereof) so selected 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. Nothing in this Section 3.02 shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that affect the right of any such Holder to convert any Security is converted in whole or in part pursuant to Article 10 before the mailing termination of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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 periodright with respect thereto.

Appears in 2 contracts

Samples: Indenture (Stmicroelectronics Nv), Netease Com Inc

Selection of Securities to be Redeemed. If less than all In the case of any partial redemption of the Securities, selection of the Securities are to for redemption will be redeemed, made by the Trustee shall select the Securities to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basis. The , by lot or by such other method as the Trustee in its sole discretion shall make deem to be fair and appropriate; provided, however, that if a partial redemption is made with proceeds of an Equity Offering, selection of the selection not more than 60 days and not less than 15 days before the redemption date from Securities outstanding not previously called for redemption. The Trustee may select or portion thereof for redemption portions shall be made by the Trustee only on a pro rata basis, unless such method is otherwise prohibited. Securities may be redeemed in part in multiples of $1,000 principal amount only. Notice of redemption will be sent, by first class mail, postage prepaid, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the date fixed for redemption to each holder whose Securities are to be redeemed at the last address for such holder then shown on the registry books. If any Security is to be redeemed in part only, the notice of redemption that relates to such Security shall state the portion of the principal amount thereof to be redeemed. A new Security 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. On and after any redemption date, interest will cease to accrue on the Securities that have denominations larger than $1,000. Securities and portions or part thereof called for redemption as long as the Company has deposited with the Paying Agent funds in satisfaction of them it selects shall be in amounts of $1,000 or integral multiples of $1,000the redemption price pursuant to the Indenture. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify the Company in writing promptly of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selection, the converted portion of such Security shall be deemed (so far as may be) to be the portion to be selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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 periodredeemed.

Appears in 2 contracts

Samples: Indenture (Comforce Corp), Comforce Corp

Selection of Securities to be Redeemed. If less than all of the Securities of any series are to be redeemedredeemed at any time, the Trustee shall select the Securities of such series to be redeemed by a method that complies with among the requirements Holders of the principal national securities exchange, if any, on which Securities of such series by such method as the Trustee deems fair and appropriate; provided that no Securities are listed, or, if the Securities are not so listed, on a pro rata basisof $1,000 or less shall be redeemed in part. The Trustee particular Securities of such series to be redeemed shall make the selection be selected, unless otherwise provided herein, not less than 15 nor more than 60 days and not less than 15 days before prior to the redemption date by the Trustee from the outstanding Securities outstanding of the series not previously called for redemption. The Trustee may select shall promptly notify the Company in writing of the Securities selected for redemption portions and, in the case of any Security selected for partial redemption, the principal of Securities that have denominations larger than $1,000amount thereof to be redeemed. Securities and portions of them it selects Securities selected shall be in amounts of $1,000 or integral whole multiples of $1,000; except that if all of the Securities of 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. Provisions A new Security of the same series and tenor 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. The Trustee shall notify the Company promptly of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selection, the converted portion of such Security shall be deemed (so far as may be) to be the portion to be selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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: PRGX Global, Inc., Indenture (PRGX Global, Inc.)

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed, or purchased in an offer to purchase at any time, the Trustee shall select the Securities of that series to be redeemed by a method that complies or purchased as follows: (1) if the Securities of such series are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange, if any, exchange on which the Securities of that series are listed, or, ; or (2) if the Securities of that series are not so listedlisted on a national securities exchange, on a pro rata basis, by lot or by such other method as the Trustee deems fair and appropriate. The Trustee shall make In the selection event of a partial redemption or purchase by lot, the particular Securities to be redeemed or purchased will be selected not less than 30 nor more than 60 days and not less than 15 days before prior to the redemption or purchase date by the Trustee from Securities of that series outstanding and not previously called for redemption. The Trustee may select shall notify the Company promptly in writing of the Securities or portions of Securities to be called for redemption portions or purchase and, in the case of any Securities selected for partial redemption or purchase, the principal amount of such Securities that have denominations larger than $1,000to be redeemed or purchased. Except as otherwise provided as to any particular series of Securities, Securities and portions of them it such Securities that the Trustee selects shall be in amounts equal to the minimum authorized denomination for Securities of $1,000 the series to be redeemed or purchased or any integral multiples multiple of $1,000such denomination, except that if all of the Securities of the series are to be redeemed or purchased, the entire outstanding amount of the Securities of the series held by such Holder, even if not equal to the minimum authorized denomination for the Securities of that series, shall be redeemed or purchased. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify the Company promptly of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selection, the converted portion of such Security shall be deemed (so far as may be) to be the portion to be selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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: Indenture (Surgalign Holdings, Inc.), RTI Surgical Holdings, Inc.

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed, the Trustee shall select the particular Securities to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basis. The Trustee shall make the selection be selected not more than 60 days and not less than 15 days before prior to the redemption date Redemption Date by the Trustee, from the outstanding Securities outstanding of such series not previously called for redemption, either pro rata, by lot or by such other method as the Trustee shall deem fair and appropriate. The Trustee Such redemption may select provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of that series or any integral multiple thereof) of the principal amount of Securities that have denominations of such series of a denomination larger than $1,000. the minimum authorized denomination for Securities and portions of them it selects shall be in amounts that series or of $1,000 or integral multiples the principal amount of $1,000. Provisions Global Securities of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemptionsuch series. The Trustee shall promptly notify the Company promptly of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selection, the converted portion of such Security shall be deemed (so far as may be) to be the portion to be selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding Registrar in writing of the Securities selected for redemption and, in the case of any Securities surrendered selected for conversion during partial redemption, the period 15 days next preceding principal amount thereof to be redeemed. For purposes of this Indenture, unless the mailing context otherwise requires, all provisions relating to redemption of a notice Securities of redemption and need not treat as outstanding any Security authenticated and delivered during such period series shall relate, in exchange for the unconverted case of any of the Securities redeemed or to be redeemed only in part, to the portion of any Security converted in part during such periodthe principal amount thereof which has been or is to be redeemed.

Appears in 2 contracts

Samples: Indenture (Seitel Capital Trust Ii), R&b Falcon Corp

Selection of Securities to be Redeemed. If Except as otherwise provided in the terms of a particular series of Securities, if less than all the Securities of any series are to be redeemed, the Trustee shall select the particular Securities to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basis. The Trustee shall make the selection be selected not more than 60 days and not less than 15 days before prior to the redemption date Redemption Date by the Trustee, from the Outstanding Securities outstanding of such series not previously called for redemption. The , by lot or by such other method the Trustee may select considers fair and appropriate (and, for redemption portions book-entry Securities subject to redemption, in accordance with the standard procedures of DTC, Euroclear or Clearstream, as applicable); provided, that the unredeemed portion of the principal amount of Securities that have denominations larger than $1,000. Securities and portions of them it selects any Security shall be in amounts of $1,000 or integral multiples of $1,000. Provisions of this Indenture that apply to Securities called a denomination which shall not be less than the minimum authorized denomination for redemption also apply to portions of Securities called for redemptionsuch Security. The Trustee shall not be liable for selection of Securities hereunder. The Trustee shall promptly notify the Company promptly in writing of the Securities or portions selected for redemption and, in the case of any Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selectionredemption, the converted 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 Security shall be deemed (so far as may be) Securities which has been or is to be redeemed. If the portion to 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. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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: Broadcom Inc., Broadcom Inc.

Selection of Securities to be Redeemed. If less than all the Securities are to be redeemed, the Trustee shall select the Securities to be redeemed by a lot or by any other method that complies with the requirements Trustee considers fair and appropriate (so long as such method is not prohibited by the rules of the principal national securities exchange, if any, any stock exchange on which the Securities are then listed, or, if the Securities are not so listed, on a pro rata basis). The Trustee shall make the selection at least 30 but not more than 60 days and not less than 15 days before the redemption date Redemption Date from outstanding Securities outstanding not previously called for redemption. The Trustee may select for redemption portions of the principal Principal Amount of Securities that have denominations larger than $1,000. Securities and portions of them it the Trustee selects shall be in amounts Principal Amounts of $1,000 or an integral multiples multiple of $1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify the Company promptly of the Securities or portions of Securities to be called for redemptionredeemed. If any Security selected for partial redemption is converted thereafter surrendered for conversion in part after such selectionbefore 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) ), solely for purposes of determining the aggregate Principal Amount of Securities to be redeemed by the Company, to be the portion to be selected for redemption. The Securities (or portions thereof) so selected 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. Nothing in this Section 3.02 shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that affect the right of any such Holder to convert any Security is converted in whole or in part pursuant to Article 10 before the mailing termination of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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 periodright with respect thereto.

Appears in 2 contracts

Samples: Talk Radio Network Inc, Multiverse Acquisition Corp

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed (unless all of the Securities of such series of a specified tenor are to be redeemed), the Trustee shall select the particular Securities to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basis. The Trustee shall make the selection be selected not more than 60 days prior to the Redemption Date from the outstanding Securities of such series (and not less than 15 days before the redemption date from Securities outstanding tenor) not previously called for redemption. The Trustee may select redemption by lot or pursuant to applicable Depositary procedures and shall provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of that series or any integral multiple thereof) of the principal amount of Securities that have denominations of such series of a denomination larger than $1,000. the minimum authorized denomination for Securities and portions of them it selects shall be in amounts that series or of $1,000 or integral multiples the principal amount of $1,000. Provisions Global Securities of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemptionsuch series. The Trustee shall promptly notify the Company promptly of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selection, the converted portion of such Security shall be deemed (so far as may be) to be the portion to be selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding Registrar in writing of the Securities selected for redemption and, in the case of any Securities surrendered selected for conversion during partial redemption, the period 15 days next preceding principal amount thereof to be redeemed. For purposes of this Indenture, unless the mailing context otherwise requires, all provisions relating to redemption of a notice Securities shall relate, in the case of redemption and need not treat as outstanding any Security authenticated and delivered during such period of the Securities redeemed or to be redeemed only in exchange for part, to the unconverted portion of any Security converted in part during such periodthe principal amount thereof which has been or is to be redeemed.

Appears in 2 contracts

Samples: Indenture (Conocophillips), Conocophillips

Selection of Securities to be Redeemed. If less than all the Securities of any 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 Company or the Trustee, from the Outstanding Securities of such series not previously called for redemption, by such method as the 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 that series or any integral multiple thereof) of the principal amount of Registered Securities of such series of a denomination larger than the minimum authorized denomination for Securities of that series or of the principal amount of global Securities of such series. If less than all of the Securities of such series and of a specified tenor are to be redeemed, the Trustee shall select the particular Securities to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basis. The Trustee shall make the selection be selected not more than 60 45 days prior to the Redemption Date by the Company or the Trustee, from the Outstanding Securities of such series and not less than 15 days before the redemption date from Securities outstanding specified tenor not previously called for redemptionredemption in accordance with the preceding sentence. The Trustee Company or the Trustee, as the case may select be, shall promptly notify the other in writing of the Securities selected for redemption portions 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 Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Securities that have denominations larger than $1,000. Securities and portions of them it selects shall be in amounts of $1,000 which has been or integral multiples of $1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify the Company promptly of the Securities or portions of Securities is to be called for redemptionredeemed. If any Security selected for partial redemption is converted in part surrendered for conversion after such selection, the converted portion of such Security shall be deemed (so far as may be) to be the portion to be selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the SecuritiesSecurities of a series, for purposes of selection for redemption the Company and the Trustee may treat as outstanding any Outstanding Securities surrendered for conversion during the period of 15 days next preceding the mailing of a notice of redemption redemption, and need not treat as outstanding 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: Newfield Exploration Co /De/, Newfield Financial Trust Ii

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed, the Trustee shall select the particular Securities to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basis. The Trustee shall make the selection be selected not more than 60 days and not less than 15 days before prior to the redemption date Redemption Date by the Trustee, from the Outstanding Securities outstanding of such series not previously called for redemption. The , by such method as the Trustee shall deem fair and appropriate and which may select provide for the selection for redemption portions of a portion of the principal amount of Securities any Security of such series; provided, however, that have denominations larger than $1,000. Securities and portions the unredeemed portion of them it selects the principal amount of any Security shall be in amounts of $1,000 or integral multiples of $1,000. Provisions of this Indenture that apply to Securities called an authorized denomination (which shall not be less than the minimum authorized denomination) for redemption also apply to portions of Securities called for redemptionsuch Security. The Trustee shall promptly notify the Company promptly in writing of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted 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 part after such selectionthe case of any Security redeemed or to be redeemed only in part, to the converted portion of the principal amount of such Security shall be deemed (so far as may be) that has been or is to be the portion to be selected for redemptionredeemed. The Securities (or portions thereof) so selected provisions of the two preceding paragraphs shall be deemed duly selected for not apply with respect to any redemption for all purposes hereofaffecting only a single Security, notwithstanding that any whether such Security is converted to be redeemed in whole or in part before part. In the mailing case of any such redemption in part, the unredeemed portion of the notice principal amount of redemption. Upon any redemption of the Security shall be in an authorized denomination (which shall not be less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered minimum authorized denomination) for conversion during the period 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 periodSecurity.

Appears in 2 contracts

Samples: Everest Re Group LTD, Everest Re Capital Trust Iii

Selection of Securities to be Redeemed. If less than all the Securities of any series 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 Trustee shall select the particular Securities to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basis. The Trustee shall make the selection be selected not more than 60 days and not less than 15 days before prior to the redemption date Redemption Date by the Trustee, from the Outstanding Securities outstanding of such series not previously called for redemption. The , by lot or such other method as the Trustee shall deem fair and appropriate and which may select provide for the selection for redemption portions of a portion of the principal amount of Securities any Security of such series, provided that have denominations larger than $1,000. Securities and portions the unredeemed portion of them it selects the principal amount of any Security shall be in amounts an authorized denomination (which shall not be less than the minimum authorized denomination) for such Security. If less than all the Securities of $1,000 or integral multiples such series and of $1,000. Provisions 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 this Indenture that apply to Securities such series and specified tenor not previously called for redemption also apply to portions of Securities called for redemptionin accordance with the preceding sentence. The Trustee shall promptly notify the Company promptly in writing of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted 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 part after such selectionthe case of any Security redeemed or to be redeemed only in part, to the converted portion of the principal amount of such Security shall be deemed (so far as may be) which has been or is to be redeemed. If the portion to 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. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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: Indenture (First Tennessee National Corp), Integon Capital I

Selection of Securities to be Redeemed. If Unless otherwise specified as contemplated by Section 2.03(a) hereof with respect to any series of Securities, if less than all of the Securities of a series are to be redeemedredeemed or purchased in an offer to purchase at any time, the Trustee shall will select the Securities to be redeemed by a method that complies with or purchased among the requirements Holders of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listedof that Series, on a pro rata basis, by lot or in accordance with any other method the Trustee considers fair and appropriate; provided that, to the extent the Securities of such Series are represented by a Global Security, the Securities of such Series to be redeemed or repurchased shall be selected in accordance with the procedures of the Depositary. The Trustee Subject to the proviso of the immediately preceding sentence, in the event of partial redemption by lot, the particular Securities to be redeemed shall make the selection be selected, unless otherwise provided herein, not less than 30 nor more than 60 days and not less than 15 days before prior to the redemption date Redemption Date by the Trustee from the outstanding Securities outstanding not previously called for redemption. The Trustee may select shall promptly notify the Company in writing of the Securities selected for redemption portions and, in the case of any Security selected for partial redemption, the principal of Securities that have denominations larger than $1,000amount thereof to be redeemed. Unless otherwise specified as contemplated by Section 2.03(a) hereof, Securities and portions of them it selects shall Securities selected will be in amounts of $1,000 or integral whole multiples of $1,000. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify the Company promptly of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selection, the converted portion of such Security shall be deemed (so far as may be) to be the portion to be selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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: Indenture (West Virginia Management Services Organization, Inc.), West Virginia Management Services Organization, Inc.

Selection of Securities to be Redeemed. If In the event that less than all of the Securities are to be redeemedredeemed at any time, selection of such Securities for redemption will be made by the Trustee shall select the Securities to be redeemed by a method that complies in compliance with the requirements of the principal national securities exchange, if any, on which the Securities are listed, listed or, if the Securities are not so listedthen listed on a national securities exchange, on a pro rata PRO RATA basis, by lot (and in such manner as complies with applicable legal requirements) or by such method as the Trustee shall deem fair and appropriate; PROVIDED, however, that no Securities of a principal amount at maturity of $1,000 or less shall be redeemed in part; and PROVIDED, FURTHER, that if a partial redemption is made with the proceeds of a Public Equity Offering, selection of the Securities or portions thereof for redemption shall be made by the Trustee only on a PRO RATA basis or on as nearly a PRO RATA basis as is practicable (subject to the procedures of the Depository), unless such method is otherwise prohibited. The Trustee shall make the selection not more than 60 days and not less than 15 days before from the redemption date from Securities outstanding and not previously called for redemption and shall promptly notify the Issuers in writing of the Securities selected for redemption and, in the case of any Security selected for partial redemption, the principal amount at maturity thereof to be redeemed. Securities in denominations of $1,000 principal amount at maturity or less may be redeemed only in whole. The Trustee may select for redemption portions (equal to $1,000 principal amount at maturity or any integral multiple thereof) of the principal of Securities that have denominations larger than $1,000. Securities and portions of them it selects shall be in amounts of $1,000 or integral multiples of $1,000principal amount at maturity. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify the Company promptly of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selection, the converted portion of such Security shall be deemed (so far as may be) to be the portion to be selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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: Acme Television LLC, Acme Intermediate Holdings LLC

Selection of Securities to be Redeemed. If less the Company decides to redeem fewer than all of the Securities are to be redeemedSecurities, unless the procedures of the Depositary provide otherwise, the Trustee shall select the Securities to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listedlot, on a pro rata basis. The basis or by another method the Trustee shall make the selection not more than 60 days considers fair and not less than 15 days before the redemption date from Securities outstanding not previously called for redemption. The Trustee may select for redemption portions of the principal of Securities that have denominations larger than $1,000appropriate. Securities and portions of them it Securities that the Trustee selects shall be in principal amounts of $1,000 or integral multiples a multiple of $1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify the Company promptly (but in any case within seven days of the Trustee’s receipt of the notice from the Company referred to in Section 3.01 unless a shorter notice is acceptable to the Company) of the Securities or portions of the Securities selected to be called redeemed and, in the case of any Securities selected for partial redemption, the method it has chosen for the selection of the portions of the Securities selected to be redeemed. Following a notice of redemption, Securities and portions of Securities are convertible pursuant to Article 4, by the 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 after such selectionbefore 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 to be selected for redemption. The Securities (or portions thereof) so selected shall that have been converted during a selection of Securities to be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and redeemed may be treated by the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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 purpose of any Security converted in part during such periodselection.

Appears in 2 contracts

Samples: Indenture (Steel Dynamics Inc), Indenture (Comtech Telecommunications Corp /De/)

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed, the Trustee shall select the Securities to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities of such series are listed, listed or quoted or, if the such Securities are not so listed, on a pro rata basisbasis by lot or by any other method that the Trustee considers fair and appropriate. The Trustee shall make the selection not more than 60 days and not less than 15 days before the redemption date Redemption Date from Securities of that series outstanding and not previously called for redemption. The Trustee may select for redemption portions a portion of the principal of any Securities of that have denominations series that has a denomination larger than $1,000. Securities and portions of them it selects shall thereof will be redeemed in amounts the amount of $1,000 or integral multiples of $1,000. Provisions of this Indenture that apply to Securities of any series called for redemption also apply to portions of such Securities called for redemption. The Trustee shall notify the Company promptly of the Securities of any series or portions of such Securities to be called for redemption. If any Security of any series selected for partial redemption is converted in part after such selection, the converted portion of such Security shall be deemed (so far as may be) to be the portion to be selected for redemption. The Securities (or portions portion thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the SecuritiesSecurities of any series, the Company and the Trustee may treat as outstanding any Securities of that series 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 of that series authenticated and delivered during such period in exchange for the unconverted portion of any Security of that series converted in part during such period.

Appears in 2 contracts

Samples: Indenture (Amkor International Holdings, LLC), Amkor Technology 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 coupons, if any) of a series with the same terms are to be redeemed, the Trustee Trustee, not more than 45 days prior to the Redemption Date, shall select the Securities of the series to be redeemed by a method that complies with in such manner as the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basisTrustee shall deem fair and appropriate. The Trustee shall make the selection not more than 60 days and not less than 15 days before the redemption date from Securities outstanding of the series that are Outstanding and that have not previously been called for redemption. The Trustee redemption and may select provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities, including interest coupons, if any, of that series or any integral multiple thereof) of the principal amount of Securities that have denominations Securities, including interest coupons, if any, of such series of a denomination larger than $1,000. the minimum authorized denomination for Securities and portions of them it selects shall be in amounts of $1,000 or integral multiples of $1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemptionseries. The Trustee shall promptly notify the Company promptly in writing of the Securities or portions selected by the Trustee for redemption and, in the case of any Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selectionredemption, the converted portion of such Security shall be deemed (so far as may be) principal amount thereof to be redeemed. If the portion to 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. The For purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities (or portions thereofincluding interest coupons, if any) so selected shall be deemed duly selected for redemption for all purposes hereofrelate, notwithstanding that any such Security is converted in whole or in part before the mailing case of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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.(including interest coupons, if any) redeemed or to be redeemed only in

Appears in 2 contracts

Samples: Mapco Inc, Mapco Inc

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed (unless all of the Securities of such series of a specified tenor are to be redeemed), the Trustee shall select the particular Securities to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basis. The Trustee shall make the selection be selected not more than 60 days prior to the Redemption Date by the Trustee, from the outstanding Securities of such series (and not less than 15 days before the redemption date from Securities outstanding tenor) not previously called for redemption. The , either pro rata, by lot or by such other method as the Trustee shall deem fair and appropriate and that may select provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of that series or any integral multiple thereof) of the principal amount of Securities that have denominations of such series of a denomination larger than $1,000. the minimum authorized denomination for Securities and portions of them it selects shall be in amounts that series or of $1,000 or integral multiples the principal amount of $1,000. Provisions Global Securities of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemptionsuch series. The Trustee shall promptly notify the Company promptly of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selection, the converted portion of such Security shall be deemed (so far as may be) to be the portion to be selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding Registrar in writing of the Securities selected for redemption and, in the case of any Securities surrendered selected for conversion during partial redemption, the period 15 days next preceding principal amount thereof to be redeemed. For purposes of this Indenture, unless the mailing context otherwise requires, all provisions relating to redemption of a notice Securities shall relate, in the case of redemption and need not treat as outstanding any Security authenticated and delivered during such period of the Securities redeemed or to be redeemed only in exchange for part, to the unconverted portion of any Security converted in part during such periodthe principal amount thereof which has been or is to be redeemed.

Appears in 2 contracts

Samples: Indenture (Cabot Oil & Gas Corp), Indenture (Cabot Oil & Gas Corp)

Selection of Securities to be Redeemed. 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 Trustee shall select the particular Securities to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basis. The Trustee shall make the selection be selected not more than 60 sixty (60) days and not less than 15 days before prior to the redemption date Redemption Date by the Trustee, from the Outstanding Securities outstanding of such series not previously called for redemption. The , by such method as the Trustee shall deem fair and appropriate and which may select provide for the selection for redemption portions of a portion of the principal amount of Securities any Security of such series, provided that have denominations larger than $1,000. Securities and portions the portion of them it selects the principal amount of any Security not redeemed shall be in amounts an authorized denomination (which shall not be less than the minimum authorized denomination) for such Security. If less than all the Securities of $1,000 or integral multiples such series and of $1,000. Provisions 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 sixty (60) days prior to the Redemption Date by the Trustee, from the Outstanding Securities of this Indenture that apply to Securities such series and specified tenor not previously called for redemption also apply to portions of Securities called for redemptionin accordance with the preceding sentence. The Trustee shall promptly notify the Company promptly in writing of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted 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 part after such selectionthe case of any Security redeemed or to be redeemed only in part, to the converted portion of the principal amount of such Security shall be deemed (so far as may be) which has been or is to be redeemed. If the portion to 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. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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: Compass Bancshares Inc, Compass Trust Iii

Selection of Securities to be Redeemed. If Unless otherwise indicated for a particular Series by a Board Resolution, supplemental indenture or an Officers' Certificate, if less than all of the Securities are to be redeemedredeemed or purchased in an offer to purchase at any time, the Trustee shall select the Securities to be redeemed by a method that complies or purchased as follows: (a) if the Securities are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, ; or (b) if the Securities are not so listedlisted on a national securities exchange, on a pro rata basis, by lot or in accordance with any other method as the Trustee considers fair and appropriate. The Trustee shall make the selection not more than 60 days and not less than 15 days before the redemption date from No Securities outstanding not previously called for redemption. The Trustee may select for redemption portions of the principal of Securities that have denominations larger than $1,000. Securities and portions of them it selects shall be in amounts of $1,000 principal amount or integral multiples of $1,000less will be redeemed in part. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify make the Company promptly selection at least 25 but not more than 60 days before the redemption date from outstanding Securities of the Securities or portions of Securities to be a Series previously called for redemption. If any Security selected for partial redemption is converted to be redeemed in part after such selectiononly, the converted portion notice of redemption that relates to such Security shall be deemed (so far as may be) state the portion of the principal amount of that Security to be redeemed. A new Security in principal amount equal to the unredeemed portion to of the original Security presented for redemption will be selected issued in the name of the Holder thereof upon cancellation of the original Security. Securities called for redemption become due on the date fixed for redemption. The On and after the redemption date, interest ceases to accrue or accrete on Securities (or portions thereof) so selected shall be deemed duly selected of them called for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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: American Real Estate Finance Corp., American Real Estate Finance Corp.

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed, the Trustee shall select the particular Securities to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basis. The Trustee shall make the selection be selected not more than 60 days and not less than 15 days before prior to the redemption date Redemption Date by the Trustee, from the Outstanding Securities outstanding of such series not previously called for redemption. The Trustee , pro rata, or in accordance with the procedures of the Depositary and that may select provide for the selection for redemption portions of a portion of the principal amount of Securities any Security of such series, provided that have denominations larger than $1,000. Securities and portions the unredeemed portion of them it selects the principal amount of any Security shall be in amounts a denomination which shall not be less than the minimum authorized denomination for such Security. If less than all the Securities of $1,000 or integral multiples such series and of $1,000. Provisions 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 this Indenture that apply to Securities such series and specified tenor not previously called for redemption also apply to portions of Securities called for redemptionin accordance with the preceding sentence. The Trustee shall promptly notify the Company promptly in writing of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted 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 part after such selectionthe case of any Security redeemed or to be redeemed only in part, to the converted portion of the principal amount of such Security shall be deemed (so far as may be) that has been or is to be redeemed. If the portion to 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. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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: Indenture (PVH Corp. /De/), PVH Corp. /De/

Selection of Securities to be Redeemed. If less than all the Securities are to be redeemed, the Trustee shall select the Securities to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed, listed or quoted or, if the Securities are not so listed, on a pro rata basis, by lot or by any other method that the Trustee considers fair and appropriate. The Trustee shall make the selection not more than 60 days and not less than 15 30 days before the redemption date Redemption Date from Securities outstanding and not previously called for redemption. The Trustee may select for redemption portions a portion of the principal of any Securities that have denominations has a denomination larger than $1,000. Securities and portions of them it selects shall thereof will be redeemed in amounts the amount of $1,000 or integral multiples of $1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify the Company promptly of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selection, the converted portion of such Security shall be deemed (so far as may bepossible) to be the portion to be selected for redemption. The Securities (or portions portion thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period of 15 days next immediately 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. In the event of any redemption of less than all the Securities, the Company will not be required to (i) issue or register the transfer or exchange of any Security during a period of 15 days immediately preceding the mailing of a notice of redemption for such Securities for redemption, or (ii) register the transfer or exchange of any Security so selected for redemption, in whole or in part, except the unredeemed portion of any Security being redeemed in part, in which case the Company will execute and the Trustee will authenticate and deliver to the Holder a new Security or Securities equal in principal amount to the unredeemed portion of the Security surrendered.

Appears in 2 contracts

Samples: Indenture (Vertex Pharmaceuticals Inc / Ma), Indenture (Vertex Pharmaceuticals Inc / Ma)

Selection of Securities to be Redeemed. 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 Trustee shall select the particular Securities to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basis. The Trustee shall make the selection be selected not more than 60 days and not less than 15 days before prior to the redemption date Redemption Date by the Trustee, from the Outstanding Securities outstanding of such series not previously called for redemption. The , by such method as the Trustee shall deem fair and appropriate and which may select provide for the selection for redemption portions of a portion of the principal amount of Securities that have denominations larger than $1,000. Securities and portions of them it selects any Security shall be in amounts an authorized denomination (which shall not be less than the minimum authorized denomination) for such Security. If less than all the Securities of $1,000 or integral multiples such series and of $1,000. Provisions 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 this Indenture that apply to Securities such series and specified tenor not previously called for redemption also apply to portions of Securities called for redemptionin accordance with the preceding sentence. The Trustee shall promptly notify the Company promptly in writing of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted and the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context 100 109 otherwise requires, all provisions relating to the redemption of Securities shall relate, in part after such selectionthe case of any Security redeemed or to be redeemed only in part, to the converted portion of the principal amount of such Security shall be deemed (so far as may be) which has been or is to be redeemed. If the portion to 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. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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 1 contract

Samples: North Fork Capital Trust I

Selection of Securities to be Redeemed. If less than all the Securities of any 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 Company or the Trustee, from the Outstanding Securities of such series not previously called for redemption, by such method as the 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 that series or any integral multiple thereof) of the principal amount of Registered Securities of such series of a denomination larger than the minimum authorized denomination for Securities of that series or of the principal amount of global Securities of such series. If less than all of the Securities of such series and of a specified tenor are to be redeemed, the Trustee shall select the particular Securities to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basis. The Trustee shall make the selection be selected not more than 60 45 days prior to the Redemption Date by the Company or the Trustee, from the Outstanding Securities of such series and not less than 15 days before the redemption date from Securities outstanding specified tenor not previously called for redemptionredemption in accordance with the preceding sentence. The Trustee Company or the Trustee, as the case may select be, shall promptly notify the other in writing of the Securities selected for redemption portions and, in the case of any Securities selected for partial redemption, the principal amount thereof to be redeemed. USA WASTE SERVICES, INC. SUBORDINATED INDENTURE - 60 - 68 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 that have denominations larger than $1,000. Securities and portions of them it selects shall be in amounts of $1,000 which has been or integral multiples of $1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify the Company promptly of the Securities or portions of Securities is to be called for redemptionredeemed. If any Security selected for partial redemption is converted in part surrendered for conversion after such selectionselection and 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 to be selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the SecuritiesSecurities of a series, for purposes of selection for redemption the Company and the Trustee may treat as outstanding any Outstanding Securities surrendered for conversion during the period of 15 days next preceding the mailing of a notice of redemption redemption, and need not treat as outstanding 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 1 contract

Samples: Usa Waste Services Inc

Selection of Securities to be Redeemed. If less than all -------------------------------------- the Securities are to be redeemed, the Trustee shall select the Securities to be redeemed pro rata or by a lot or by any other method that complies with the requirements Trustee considers fair and appropriate (so long as such method is not prohibited by the rules of the principal national securities exchange, if any, any stock exchange on which the Securities are then listed, or, if the Securities are not so listed, on a pro rata basis). The Trustee shall make the selection not more than 60 days and not less than 15 days before the redemption date Redemption Date from outstanding Securities outstanding not previously called for redemption. The Trustee may select for redemption portions of the principal Principal Amount of Securities that have denominations larger than $1,000. Securities and portions of them it the Trustee selects shall be in amounts Principal Amounts of $1,000 or an integral multiples multiple of $1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify the Company promptly of the Securities or portions of Securities to be called for redemptionredeemed. If any Security selected for partial redemption is converted thereafter surrendered for conversion in part after before termination of the conversion right with respect to the portion of the Security so selected and prior to such selectionredemption, the converted portion of such Security shall be deemed (so far as may be) ), solely for purposes of determining the aggregate Principal Amount of Securities to be redeemed by the Company, to be the portion to be selected for redemption. The Securities (or portions thereof) so selected 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. Nothing in this Section 3.02 shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that affect the right of any such Holder to convert any Security is converted in whole or in part pursuant to Article 10 before the mailing termination of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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 periodright with respect thereto.

Appears in 1 contract

Samples: Merrill Lynch Preferred Funding Vi L P

Selection of Securities to be Redeemed. If less than all the Securities held in definitive form are to be redeemedredeemed pursuant to Section 3.01, the Trustee shall select the definitive Securities to be redeemed pro rata or by a lot or by another method that complies with the requirements Trustee considers fair and appropriate (as long as such method is not prohibited by the rules of the principal national any securities exchange, if any, exchange or quotation system on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basisthen listed or quoted). The Trustee shall make the selection at least 18 days, but not more than 60 days and not less than 15 days 65 days, before the redemption date Redemption Date from outstanding definitive Securities outstanding not previously called for redemption. The Trustee may select for redemption portions of the principal Principal Amount of Securities that have denominations larger than $1,000. Securities and portions of them it the Trustee selects shall be in amounts Principal Amounts of $1,000 or an integral multiples multiple of $1,000. Provisions Except as expressly stated otherwise, provisions of this Indenture that apply to definitive Securities called for redemption also apply to portions of definitive Securities called for redemption. The Trustee shall notify the Company promptly of the definitive Securities or portions of definitive Securities to be called for redemptionredeemed. Any interest in a Security held in global form by and registered in the name of the Depositary or its nominee to be redeemed in whole or in part will be redeemed in accordance with the procedures of the Depositary. If any Security selected for partial redemption is converted in part after such selectionbefore 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 to be selected for redemption. The Securities (or portions thereof) so selected shall which have been converted during a selection of Securities to be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and redeemed may be treated by the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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 purpose of any Security converted in part during such periodselection.

Appears in 1 contract

Samples: Indenture (Nabors Industries Inc)

Selection of Securities to be Redeemed. If less than all the Securities are to be redeemed, the Trustee shall Issuer 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 by a method the Issuer not more than 45 days prior to the Redemption Date from the Outstanding Securities of that complies series not previously called for redemption, by, (i) if the Securities are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange, if any, exchange on which the Securities are listed, or, if the Securities are not so listed, (ii) on a pro rata basisbasis to the extent practicable or (iii) to the extent that selection on a pro rata basis is not practicable by lot or such other method as the Senior Trustee for the Securities of such series shall deem fair and appropriate. The Issuer shall promptly notify in writing the Senior Trustee shall make for the selection not more than 60 days and not less than 15 days before Securities of such series selected for redemption and, in the case of any Securities of a series selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Senior Indenture, unless the context otherwise requires, all provisions relating to the redemption date from of Securities outstanding not previously called for redemption. The Trustee may select for redemption portions 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 Securities that have denominations larger than $1,000. Securities and portions of them it selects shall be in amounts of $1,000 which has been or integral multiples of $1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify the Company promptly of the Securities or portions of Securities is to be called for redemption. If any Security selected for partial redemption is converted in part after such selection, the converted portion of such Security shall be deemed (so far as may be) to be the portion to be selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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 periodredeemed.

Appears in 1 contract

Samples: www.prudentialplc.com

Selection of Securities to be Redeemed. If less than all the Securities of any 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 -57- shall be selected not more than 45 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 portions (equal to the minimum authorized denomination for Securities of that series or any integral multiple thereof) of the principal amount of Registered Securities of such series of a denomination larger than the minimum authorized denomination for Securities of that series or of the principal amount of global Securities of such series. If less than all of the Securities of such series and of a specified tenor are to be redeemed, the Trustee shall select the particular Securities to be redeemed shall be selected not more than 45 days prior to the Redemption Date by a method that complies the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basispreceding sentence. The Trustee shall make promptly notify the selection not more than 60 days and not less than 15 days before 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 date from of Securities outstanding not previously called for redemption. The Trustee may select for redemption portions 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 that have denominations larger than $1,000. Securities and portions of them it selects shall be in amounts of $1,000 which has been or integral multiples of $1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify the Company promptly of the Securities or portions of Securities is to be called for redemptionredeemed. If any Security selected for partial redemption is converted in part surrendered for conversion after such selection, the converted portion of such Security shall be deemed (so far as may be) to be the portion to be selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the SecuritiesSecurities of a series, for purposes of selection for redemption the Company and the Trustee may treat as outstanding any Outstanding Securities surrendered for conversion during the period of 15 days next preceding the mailing of a notice of redemption redemption, and need not treat as outstanding 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 1 contract

Samples: Dynegy Capital Trust Iii

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed (unless all of the Securities of such series of a specified tenor are to be redeemed), the Trustee shall select the particular Securities to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basis. The Trustee shall make the selection be selected not more than 60 days prior to the Redemption Date by the Trustee from the outstanding Securities of such series (and not less than 15 days before the redemption date from Securities outstanding tenor) not previously called for redemption. The , pro rata, by lot or by such other method as the Trustee shall deem fair and appropriate and that may select provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of that series or any integral multiple thereof) of the principal amount of Securities that have denominations of such series of a denomination larger than $1,000. the minimum authorized denomination for Securities and portions of them it selects shall be in amounts that series or of $1,000 or integral multiples the principal amount of $1,000. Provisions Global Securities of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemptionsuch series. The Trustee shall promptly notify the Company promptly of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selection, the converted portion of such Security shall be deemed (so far as may be) to be the portion to be selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding Registrar in writing of the Securities selected for redemption and, in the case of any Securities surrendered selected for conversion during partial redemption, the period 15 days next preceding principal amount thereof to be redeemed. For purposes of this Indenture, unless the mailing context otherwise requires, all provisions relating to redemption of a notice Securities shall relate, in the case of redemption and need not treat as outstanding any Security authenticated and delivered during such period of the Securities redeemed or to be redeemed only in exchange for part, to the unconverted portion of any Security converted in part during such periodthe principal amount thereof which has been or is to be redeemed.

Appears in 1 contract

Samples: Halliburton Co

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed, the Trustee shall select the particular Securities to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basis. The Trustee shall make the selection be selected not more than 60 days and not less than 15 days before prior to the redemption date Redemption Date by the Trustee, from the Outstanding Securities outstanding of such series not previously called for redemption. The , by such method as the Trustee shall deem fair and appropriate and which may select provide for the selection for redemption portions of a portion of the principal amount of Securities any Security of such series, provided that have denominations larger than $1,000. Securities and portions the unredeemed portion of them it selects the principal amount of any Security shall be in amounts a denomination (which shall not be less than the minimum authorized denomination) for such Security. If less than all the Securities of $1,000 or integral multiples such series and of $1,000. Provisions 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 this Indenture that apply to Securities such series and specified tenor not previously called for redemption also apply to portions of Securities called for redemptionin accordance with the preceding sentence. The Trustee shall promptly notify the Company promptly in writing of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted 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 part after such selectionthe case of any Security redeemed or to be redeemed only in part, to the converted portion of the principal amount of such Security shall be deemed (so far as may be) that has been or is to be redeemed. If the portion to 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. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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 1 contract

Samples: Indenture (Privatebancorp Capital Trust Iv)

Selection of Securities to be Redeemed. If Unless otherwise provided as contemplated by Section 2.04(a) hereof, if less than all of the Securities are to be redeemedredeemed at any time, the Trustee shall select the Securities to be redeemed by a method that complies among the Holders of the Securities in compliance with the requirements of the principal national securities exchange, if any, on which the Securities are listed, listed or, if the Securities are not so listed, on a pro rata basis, by lot or in accordance with any other method the Trustee deems fair and appropriate. The Trustee In the event of partial redemption by lot, the particular Securities to be redeemed shall make the selection be selected, unless otherwise provided herein, not less than 30 nor more than 60 days and not less than 15 days before prior to the redemption date by the Trustee from the outstanding Securities outstanding not previously called for redemption. The Trustee may select shall promptly notify the Company in writing of the Securities selected for redemption portions and, in the case of any Security selected for partial redemption, the principal of Securities that have denominations larger than $1,000amount thereof to be redeemed. Unless otherwise provided as contemplated by Section 2.04(a) hereof, Securities and portions of them it selects Securities selected shall be in amounts of $1,000 or integral multiples thereof; except that if all of the Securities of a Holder are to be redeemed, the entire outstanding amount of Securities held by such Holder, even if not an integral multiple of $1,000, shall be redeemed. Provisions Except as provided in the preceding sentence, provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify the Company promptly of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selection, the converted portion of such Security shall be deemed (so far as may be) to be the portion to be selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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 1 contract

Samples: Indenture (Centene Corp)

Selection of Securities to be Redeemed. If less than all the Securities held in defini tive form are to be redeemed, the Trustee shall select the definitive Securities to be redeemed pro rata or by lot or by a method that complies with the requirements Trustee considers fair and appropriate (as long as such method is not prohibited by the rules of the principal national securities exchange, if any, any stock exchange on which the Securities are then listed, or, if the Securities are not so listed, on a pro rata basis). The Trustee shall make the selection at least 35 days, but not more than 60 days and not less than 15 days days, before the redemption date Redemption Date from outstanding definitive Securities outstanding not previously called for redemption. The Trustee may select for redemption portions of the principal Principal of Securities that have denominations larger than $1,000. Securities and portions of them it the Trustee selects shall be in amounts Principal Amounts of $1,000 or an integral multiples multiple of $1,000. Provisions of this Indenture that apply to definitive Securities called for redemption also apply to portions of definitive Securities called for redemption. The Trustee shall notify the Company promptly of the definitive Securities or portions of definitive Securities to be called for redemptionredeemed. Any interest in a Security held in global form by and registered in the name of the Depositary or its nominee to be redeemed in whole or in part will be redeemed pro rata in accordance with the standing instructions and procedures of the Depositary. If any Security selected for partial redemption is converted in part after such selectionbefore termination of the conversion 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 to be selected for redemption. The Securities (or portions thereof) so selected shall which have been converted during a selection of Securities to be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and redeemed may be treated by the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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 purpose of any Security converted in part during such periodselection.

Appears in 1 contract

Samples: Triarc Companies Inc

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed, the Trustee shall select the particular Securities to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basis. The Trustee shall make the selection be selected not more than 60 days and not less than 15 days before prior to the redemption date Redemption Date by the Trustee, from the Outstanding Securities outstanding of such series not previously called for redemption. The , by such method as the Trustee shall deem fair and appropriate and which may select provide for the selection for redemption of portions of the principal of Securities of such series; provided, however, that have denominations larger no such partial redemption shall reduce the portion of the principal amount of a Security not redeemed to less than $1,000. the minimum authorized denomination for Securities and portions of them it selects such series established pursuant to Section 3.01; provided that if the Securities of such series are represented by one or more Securities in global form, interests in such Securities in global form shall be selected for redemption by the depositary therefor, or in amounts the case of $1,000 a Common Depositary, by Euroclear or integral multiples of $1,000Clearstream, as applicable, in accordance with its standard procedures therefor. Provisions of this Indenture that apply With respect to Securities called for redemption also apply to portions of Securities called for redemption. The any series not in global form, the Trustee shall promptly notify the Company promptly Issuer in writing of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selection, the converted portion of such Security shall be deemed (so far as may be) to be the portion to be selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for For all purposes hereofof this Indenture, notwithstanding that unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any such Security is converted Securities redeemed or to be redeemed only in whole or in part before part, to the mailing portion of the notice principal amount of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any such Securities surrendered for conversion during the period 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 periodwhich has been or is to be redeemed.

Appears in 1 contract

Samples: Indenture (Eaton Corp PLC)

Selection of Securities to be Redeemed. 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 Trustee shall select the particular Securities to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basis. The Trustee shall make the selection be selected not more than 60 days and not less than 15 days before prior to the redemption date Redemption Date by the Trustee, from the Outstanding Securities outstanding of such series not previously called for redemption. The , by such method as the Trustee shall deem fair and appropriate and which may select provide for the selection for redemption portions of a portion of the principal amount of Securities any Security of such series, provided that have denominations larger than $1,000. Securities and portions the unredeemed portion of them it selects the principal amount of any Security shall be in amounts an authorized denomination (which shall not be less than the minimum authorized denomination) for such Security. If less than all the Securities of $1,000 or integral multiples such series and of $1,000. Provisions 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 this Indenture that apply to Securities such series and specified tenor not previously called for redemption also apply to portions of Securities called for redemptionin accordance with the preceding sentence. The Trustee shall promptly notify the Company promptly in writing of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selection, and the converted portion of such Security shall be deemed (so far as may be) principal amount thereof to be the portion to be selected for redemptionredeemed. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for For all purposes hereofof this Indenture, notwithstanding that any such Security is converted in whole or in part before unless the mailing of context otherwise requires, all provisions relating to the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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.of

Appears in 1 contract

Samples: Chase Capital Iii

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed, the Trustee shall select the particular Securities to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basis. The Trustee shall make the selection be selected not more than 60 days and not less than 15 days before prior to the redemption date Redemption Date by the Trustee, from the Outstanding Securities outstanding of such series not previously called for redemption. The Trustee , pro rata, or in accordance with the procedures of the Depositary and that may select provide for the selection for redemption portions of a portion of the principal amount of Securities any Security of such series, provided that have denominations larger than $1,000. Securities and portions the unredeemed portion of them it selects the principal amount of any Security shall be in amounts a denomination (which shall not be less than the minimum authorized denomination) for such Security. If less than all the Securities of $1,000 or integral multiples such series and of $1,000. Provisions 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 this Indenture that apply to Securities such series and specified tenor not previously called for redemption also apply to portions of Securities called for redemptionin accordance with the preceding sentence. The Trustee shall promptly notify the Company promptly Issuers in writing of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted 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 part after such selectionthe case of any Security redeemed or to be redeemed only in part, to the converted portion of the principal amount of such Security shall be deemed (so far as may be) that has been or is to be redeemed. If the portion to Issuers shall so direct, Securities registered in the name of the Issuers, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period 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 1 contract

Samples: Indenture (Exterran Energy Solutions, L.P.)

Selection of Securities to be Redeemed. If less than all the Securities are to be redeemed, the Trustee shall select the particular Securities to be redeemed will be selected not more than 60 days prior to the Redemption Date by a method that complies the Trustee in compliance with the requirements any applicable rules of the principal national securities exchange, if any, on which the Securities are listed, listed or, if the Securities are not so listedlisted on a securities exchange or if there are no applicable rules, on a pro rata basis, by lot or by such other method as the Trustee deems appropriate and fair; 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 If less than all of the Securities are to be redeemed, the Trustee shall make the selection not more than 60 days and not less than 15 days before from the redemption date from Securities outstanding that have not previously been called for redemption. The Trustee redemption and may select 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 excess thereof) of the principal amount of the Securities that have denominations of a denomination larger than $1,000. Securities and portions of them it selects shall be in amounts of $1,000 or integral multiples of $1,000. Provisions of this Indenture that apply to Securities called the minimum authorized denomination for redemption also apply to portions of Securities called for redemptionSecurities. The Trustee shall promptly notify the Company promptly in writing of the Securities or portions selected for redemption and, in the case of any Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selectionredemption, the converted portion of such Security shall be deemed (so far as may be) principal amount thereof to be redeemed. If the portion to 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. The For 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 portions thereof) so selected shall to be deemed duly selected for redemption for all purposes hereofredeemed only in part, notwithstanding that any such Security is converted in whole or in part before to the mailing portion of the notice principal amount of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any such Securities surrendered for conversion during the period 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 periodwhich has been or is to be redeemed.

Appears in 1 contract

Samples: Dana Corp

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