Selection of Securities to be Redeemed. If less than all of the Securities are to be redeemed pursuant to paragraph 5 of the Securities, the Trustee shall select the Securities to be redeemed in compliance with the requirements of the national securities exchange, if any, on which the Securities are listed or, if the Securities are not then listed on a national securities exchange, on a pro rata basis, by lot or in such other manner as the Trustee shall deem fair and appropriate. Selection of the Securities to be redeemed pursuant to paragraph 6 of the Securities shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of Securities held by each Holder. The Trustee shall make the selection from the Securities then outstanding, subject to redemption and not previously called for redemption. The Trustee may select for redemption pursuant to paragraph 5 or 6 of the Securities portions of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount. Securities and portions of them the Trustee so selects shall be in amounts of $1,000 principal amount or integral multiples thereof. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption.
Appears in 6 contracts
Samples: Metris Direct Inc, Polymer Group Inc, Axia Inc
Selection of Securities to be Redeemed. If less than all In the case of the Securities are to be redeemed pursuant to paragraph 5 any partial redemption of the Securities, selection of Securities for redemption will be made by the Trustee shall select the Securities to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Securities are listed orlisted, or if the Securities are not then listed on a national securities exchangeso listed, on a pro rata basis, by lot or in by such other manner method as the Trustee shall deem fair and appropriate. Selection appropriate (and in such manner as complies with applicable legal requirements and the requirements of the Depository); provided that no Securities of $2,000 or less shall be redeemed in part. If any Securities are to be redeemed pursuant in part only, the notice of redemption relating to paragraph 6 such Securities shall state the portion of the Securities shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of Securities held by each Holderthereof to be redeemed. The Trustee shall make the selection from the outstanding Securities then outstanding, subject to redemption and not previously called for redemption. The Trustee may select for redemption pursuant to paragraph 5 or 6 of the Securities portions of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount2,000. Securities and portions of them the Trustee so selects shall be in amounts of $1,000 principal amount 2,000 or any higher integral multiples thereofmultiple 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 Issuers promptly of the Securities or portions of Securities to be redeemed.
Appears in 5 contracts
Samples: Agreement and Plan of Merger, Collateral Agreement (Verso Paper Corp.), Collateral Agreement (NewPage Holdings Inc.)
Selection of Securities to be Redeemed. If less than all of the Securities are to be redeemed pursuant to paragraph 5 of the Securities, the Trustee shall select the Securities to be redeemed in compliance with the requirements of the national securities exchange, if any, on which the Securities are listed or, in the absence of such requirements or if the Securities are not then listed on a national securities exchange, on a pro rata basis, by lot or in such other manner as may be required pursuant to this Indenture or otherwise as the Trustee shall deem fair and appropriate. Selection of the Securities to be redeemed pursuant to paragraph 6 5(b) of the Securities shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of Securities held by each Holder. The Trustee shall make the selection from the Securities then outstanding, subject to redemption and not previously called for redemption. The Trustee may select for redemption pursuant to paragraph 5 or 6 of the Securities portions of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount. Securities and portions of them the Trustee so selects shall be in amounts of $1,000 principal amount or integral multiples thereof. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption.
Appears in 5 contracts
Samples: WTNH Broadcasting Inc, Homco Puerto Rico Inc, Lin Television Corp
Selection of Securities to be Redeemed. If less fewer than all of the Securities are to be redeemed pursuant to paragraph 5 of the Securitiesredeemed, the Trustee shall select the Securities to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Securities are listed orlisted, as so notified by the Issuer; or if the Securities are not then listed on a national securities security exchange, on a pro rata basisbasis (or in the case of Global Securities, based on the procedures of the Depository that most nearly approximates a pro rata selection), by lot or in by such other manner method as the Trustee shall deem fair and appropriate. Selection of the Securities , subject to such rounding as may be redeemed pursuant to paragraph 6 of the Securities shall be made determined by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to ensure that the procedures Securities are redeemed in multiples of the Depository) based on the aggregate $1,000 in principal amount and that no unredeemed portion of Securities held by each Holdera Security redeemed in part is less than $2,000 in principal amount. The Trustee shall make the selection from the outstanding Securities then outstanding, subject to redemption and not previously called for redemption. The Trustee may select for redemption pursuant to paragraph 5 or 6 of the Securities portions of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount2,000. Securities and portions of them the Trustee so selects shall be in principal amounts of $2,000 or any greater integral multiple of $1,000 principal amount or integral multiples thereof. 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 Issuer promptly of the Securities or portions of Securities to be redeemed.
Appears in 4 contracts
Samples: Supplemental Indenture (Century Communities, Inc.), Supplemental Indenture (Century Communities, Inc.), Supplemental Indenture (Century Communities, Inc.)
Selection of Securities to be Redeemed. If less than all of the Securities are to be redeemed pursuant to paragraph 5 of the Securitiesat any time, the Trustee shall select the Securities to be redeemed 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 then listed on a national securities exchange, on a pro rata basis, by lot or in by such other manner method as the Trustee in its sole discretion shall deem fair and appropriate. Selection ; provided, however, that no Securities of the Securities to $1,000 in principal amount or less shall be redeemed pursuant to paragraph 6 of the Securities shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of Securities held by each Holderin part. The Trustee shall make the selection from the Securities then outstanding, subject to redemption outstanding and not previously called for redemption. Securities in denominations of $1,000 in principal amount may only be redeemed in whole. The Trustee may select for redemption pursuant portions (equal to paragraph 5 or 6 of the Securities portions of the $1,000 in principal amount or any integral multiple thereof) of Securities that have denominations equal to or larger than $1,000 in principal amount. Securities and portions of them the Trustee so selects shall be in amounts of $1,000 principal amount or integral multiples thereof. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify the Company and the Registrar promptly in writing of the Securities or portions of Securities to be called for redemption.
Appears in 4 contracts
Samples: Indenture (Winstar Communications Inc), Indenture (Winstar Communications Inc), Indenture (Winstar Communications Inc)
Selection of Securities to be Redeemed. If less fewer than all of the Securities are to be redeemed pursuant to paragraph 5 of the SecuritiesSection 3.07, the Trustee shall select the Securities to be redeemed (1) if such Securities are in compliance global form, by lot or by such other method, then in accordance with the requirements procedures of the national securities exchange, Depositary or (2) if any, on which the Securities are listed or, if the such Securities are not in global form, then listed on a national securities exchange, on a pro rata basis, by lot although no Security of $2,000 (or, in the case of Global Securities, $250,000 or less) in such other manner as original principal amount or less will be redeemed in part. The Securities and the portions of them that the Trustee shall deem fair and appropriate. Selection of the Securities selects to be redeemed pursuant to paragraph 6 of the Securities shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of Securities held by each Holder. The Trustee shall make the selection from the Securities then outstanding, subject to redemption and not previously called for redemption. The Trustee may select for redemption pursuant to paragraph 5 or 6 of the Securities portions of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount. Securities and portions of them the Trustee so selects shall be in minimum principal amounts of $2,000 (or, in the case of Global Securities, $250,000 or less) or a whole multiple of $1,000 principal amount or integral multiples in excess thereof. 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 redeemed. 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 redeemed.
Appears in 4 contracts
Samples: Security Agreement (Mbia Inc), Pledge Agreement (Mbia Inc), Indenture (Mbia Inc)
Selection of Securities to be Redeemed. If less than all In the case of the any partial redemption, selection of Securities are to for redemption will be redeemed pursuant to paragraph 5 of the Securities, the Trustee shall select the Securities to be redeemed in compliance with the requirements of the national securities exchange, if any, on which the Securities are listed or, if the Securities are not then listed on a national securities exchange, on a made pro rata basisrata, by lot or in by such other manner method as the Trustee in its sole discretion deems appropriate and fair; provided that no Securities of $2,000 or less shall deem fair and appropriate. Selection of the Securities to be redeemed pursuant to paragraph 6 of the Securities shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of Securities held by each Holderin part. The Trustee shall make the selection from the outstanding Securities then outstanding, subject to redemption and not previously called for redemption. The Trustee may select for redemption pursuant to paragraph 5 or 6 of the Securities portions of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount2,000. Securities and portions of them the Trustee so selects shall be in amounts of $1,000 principal amount 2,000 or any integral multiples thereofmultiple 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 Issuer promptly of the Securities or portions of Securities to be redeemed. For so long as the Securities are held by the Depository (or another depositary), the redemption of the Securities shall be done in accordance with the policies and procedures of such depositary.
Appears in 3 contracts
Samples: Intercreditor Agreement (Berry Global Group, Inc.), Intercreditor Agreement (Berry Global Group, Inc.), Intercreditor Agreement (Berry Global Group, Inc.)
Selection of Securities to be Redeemed. If less than all of the Securities are to be redeemed pursuant to paragraph 5 5(a) or (b) of the Securities, the Trustee shall select the Securities to be redeemed in compliance with the requirements of the national securities exchange, if any, on which the Securities are listed or, if the Securities are not then listed on a national securities exchange, on a pro rata basis, by lot or in such other manner as the Trustee shall deem fair and appropriate. Selection of the Securities to be redeemed pursuant to paragraph 6 of the Securities shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of Securities held by each Holder. The Trustee shall make the selection from the Securities then outstanding, subject to redemption and not previously called for redemption. The Trustee may select for redemption pursuant to paragraph 5 5(a) or 6 (b) of the Securities portions of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount. Securities and portions of them the Trustee so selects shall be in amounts of $1,000 principal amount or integral multiples thereof. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption.
Appears in 3 contracts
Samples: Hermes Europe Railtel B V, Global Telesystems Group Inc, Hermes Europe Railtel B V
Selection of Securities to be Redeemed. If less fewer than all of the Securities are to be redeemed pursuant to paragraph 5 of the Securitiesredeemed, the Trustee shall select the Securities to be redeemed in compliance pro rata or by lot or by a method that complies with the requirements of the national applicable legal and securities exchangeexchange requirements, if any, on which the Securities are listed or, if the Securities are not then listed on a national securities exchange, on a pro rata basis, by lot or in such other manner as and that the Trustee shall deem considers fair and appropriate. Selection appropriate and in accordance with methods generally used at the time of selection by fiduciaries in similar circumstances; provided, however, that if a partial redemption is made with the proceeds of an Equity Offering, selection of the Securities to be redeemed pursuant to paragraph 6 of the Securities or portion thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as basis, unless such method is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of Securities held by each Holderotherwise prohibited. The Trustee shall make the selection from the outstanding Securities then outstanding, subject to redemption and not previously called for redemption. The Trustee may select for redemption pursuant to paragraph 5 or 6 of the Securities portions of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount1,000. Securities and portions of them the Trustee so selects shall be in amounts of $1,000 principal amount or integral multiples thereofa whole multiple of $1,000. Provisions of this Indenture that apply to the entirety of 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 redeemed.
Appears in 3 contracts
Samples: Fisher Scientific International Inc, Fisher Scientific International Inc, Fisher Scientific International Inc
Selection of Securities to be Redeemed. If less than all In the case of any partial redemption, selection of the Securities are to for redemption will be redeemed pursuant to paragraph 5 of the Securities, made by the Trustee shall select the Securities to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the such Securities are listed orlisted, or if the such Securities are not then listed on a national securities exchange, on a pro rata basisso listed, by lot or in by such other manner method as the Trustee shall deem fair and appropriate. Selection of the Securities to be redeemed pursuant to paragraph 6 of the Securities shall be made by appropriate (and in such manner as complies with applicable legal requirements); provided that the Trustee only on shall not select Securities for redemption which would result in a pro rata basis or on as nearly Holder of Securities with a pro rata basis as is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of Securities held by each Holderless than the minimum denomination to the extent practicable. The Trustee shall make the selection from the outstanding Securities then outstanding, subject to redemption and not previously called for redemption. The Trustee may select for redemption pursuant to paragraph 5 or 6 of the Securities portions of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount2,000. Securities and portions of them the Trustee so selects shall be in amounts of $2,000 or a whole multiple of $1,000 principal amount or integral multiples in excess thereof. 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 redeemed.
Appears in 3 contracts
Samples: Indenture (Phoenix Consulting Group, LLC), Indenture (Remington Arms Co Inc/), Indenture (Freedom Group, Inc.)
Selection of Securities to be Redeemed. If less than all In the case of any partial redemption, and if the Securities are to be redeemed pursuant to paragraph 5 of Global Securities held by the SecuritiesDepository, the Trustee shall Depository will select the Securities to be redeemed in compliance accordance with the requirements of the national securities exchange, if any, on which the Securities are listed or, if its operational arrangements. If the Securities are not then listed on a national securities exchangeGlobal Securities held by the Depository, on a pro rata basis, by lot or in such other manner as the Trustee shall deem fair and appropriate. Selection selection of the Securities to be redeemed pursuant to paragraph 6 of the Securities shall for redemption will 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 extent practicable or such other method the Trustee deems fair and appropriate; provided that no Securities of the Depository) based on the aggregate principal amount of Securities held by each Holder$1,000 or less shall be redeemed in part. The Trustee shall make the selection from the outstanding Securities then outstanding, subject to redemption and not previously called for redemption. The Trustee may select for redemption pursuant to paragraph 5 or 6 of the Securities portions of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount1,000. Securities and portions of them the Trustee so selects shall be in amounts of $1,000 principal amount or any integral multiples multiple of $1,000 in excess thereof. 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 Issuer promptly of the Securities or portions of Securities to be redeemed and the principal amount thereof.
Appears in 3 contracts
Samples: Supplemental Indenture (Egalet Corp), Indenture (Egalet Us Inc.), Indenture (Egalet Corp)
Selection of Securities to be Redeemed. If Except as provided below, if less than all of the Securities of a series are to be redeemed pursuant to paragraph 5 of the Securitiesredeemed, the Trustee shall select the Securities of such series to be redeemed in compliance with the requirements of the national securities exchange, if any, on which the Securities are listed or, if the Securities are not then listed on a national securities exchange, on a pro rata basis, by lot or in such other manner as the Trustee shall deem fair and appropriate. Selection of the Securities to be redeemed pursuant to paragraph 6 of the Securities shall be made by the Trustee only on a substantially pro rata basis or on as nearly a pro rata basis as is practicable (subject to by lot among the procedures Holders of the Depository) based on Securities of such series in accordance with a method the aggregate principal Trustee considers fair and appropriate (in such manner as complies with applicable legal and stock exchange requirements, if any). The amount of Securities held by each Holdershall be calculated as the aggregate Principal Amount of Securities of such series originally issued hereunder less the aggregate Principal Amount of any Securities of such series previously redeemed. The Trustee shall make the selection not more than 60 days and not less than 30 days before the redemption date from outstanding Securities of such series not previously called for redemption. The Trustee shall promptly notify the Company of the Securities then outstanding, subject or portions of Securities to redemption and not previously be called for redemption. The Trustee may select for redemption pursuant to paragraph 5 or 6 of the Securities portions of the principal amount Principal of Securities that have denominations equal to or larger than $1,000 principal amount1,000. Securities and portions of them the Trustee so it selects shall be in amounts of $1,000 principal amount or integral multiples thereofof $1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption.
Appears in 3 contracts
Samples: Indenture (Mirage Resorts Inc), Indenture (Mirage Resorts Inc), Indenture (Mirage Resorts Inc)
Selection of Securities to be Redeemed. If less than all In the case of any partial redemption, selection of the Securities are to for redemption will be redeemed pursuant to paragraph 5 of the Securities, made by the Trustee shall select the Securities to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the such Securities are listed orlisted, or if the such Securities are not then listed on a national securities exchangeso listed, on a pro rata basis, by lot or in by such other manner method as the Trustee shall deem fair and appropriate. Selection appropriate (and in such manner as complies with applicable legal requirements); provided that no Securities of the Securities to a principal amount at maturity of $1,000 or less shall be redeemed pursuant to paragraph 6 of the Securities shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of Securities held by each Holderin part. The Trustee shall make the selection from the outstanding Securities then outstanding, subject to redemption and not previously called for redemption. The Trustee may select for redemption pursuant to paragraph 5 or 6 of the Securities portions of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amountamount at maturity. Securities and portions of them the Trustee so selects shall be in amounts of $1,000 principal amount at maturity or integral multiples thereofa whole multiple of $1,000 principal 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 Issuers promptly of the Securities or portions of Securities to be redeemed.
Appears in 2 contracts
Samples: Supplemental Indenture (Nalco Finance Holdings Inc.), Supplemental Indenture (Nalco Energy Services Equatorial Guinea LLC)
Selection of Securities to be Redeemed. If less fewer than all of the Securities are to be redeemed pursuant to paragraph 5 of the Securitiesredeemed, the Trustee shall select the Securities to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the such Securities are listed orlisted, or if the such Securities are not then listed on a national securities exchange, on a pro rata basis, by lot or in by such other manner as method, if any, and that the Trustee shall deem in its sole discretion considers fair and appropriate. Selection ; provided, however, that if a partial redemption is made with the proceeds of a Public Equity Offering, selection of the Securities to be redeemed pursuant to paragraph 6 of the Securities or portion thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as unless such method is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of Securities held by each Holderotherwise prohibited. The Trustee shall make the selection from the outstanding Securities then outstanding, subject to redemption and not previously called for redemption. The Trustee may select for redemption pursuant to paragraph 5 or 6 of the Securities portions of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount1,000. Securities and portions of them the Trustee so selects shall be in amounts of $1,000 principal amount or integral multiples thereofa whole 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 in writing promptly of the Securities or portions of Securities to be redeemed.
Appears in 2 contracts
Samples: Atlas Air Inc, Atlas Air Inc
Selection of Securities to be Redeemed. If less than all of the Securities are to be redeemed pursuant to paragraph 5 of the Securitiesat any time, the Trustee shall select the Securities to be redeemed 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 then listed on a national securities exchange, on a pro rata basis, by lot or in by such other manner method as the Trustee in its sole discretion shall deem fair and appropriate. Selection ; provided, however, that no Securities of the $1,000 in principal amount or less shall be redeemed in part; provided further, however, that with respect to Securities to be redeemed pursuant to paragraph 6 of Section 3.02, the Trustee shall select the Securities shall to be made by the Trustee only redeemed on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of Securities held by each Holderbasis. The Trustee shall make the selection from the Securities then outstanding, subject to redemption outstanding and not previously called for redemption. Securities in denominations of $1,000 in principal amount may only be redeemed in whole. The Trustee may select for redemption pursuant portions (equal to paragraph 5 or 6 of the Securities portions of the $1,000 in principal amount or any integral multiple thereof) of Securities that have denominations equal to or larger than $1,000 in principal amount. Securities and portions of them the Trustee so selects shall be in amounts of $1,000 principal amount or integral multiples thereof. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify the Company and the Registrar promptly in writing of the Securities or portions of Securities to be called for redemption.
Appears in 2 contracts
Samples: Winstar Equipment (Winstar Communications Inc), Winstar Communications Inc
Selection of Securities to be Redeemed. If less than all of the Securities are to be redeemed pursuant to paragraph 5 of the Securitiesredeemed, the Trustee shall select the particular Securities (or portions thereof) to be redeemed in compliance with the requirements of the national securities exchange, if any, on which the Securities are listed or, if the Securities are not then listed on either a national securities exchange, on a pro rata basis, PRO RATA basis or by lot or in such other manner method as the Trustee shall deem determine, in its sole discretion, to be fair and appropriate. Selection of the Securities , such determination to be redeemed final and conclusive for all purposes hereunder, but in any event, in such manner as complies with applicable legal and stock exchange requirements; PROVIDED, HOWEVER, that, if a partial redemption is made pursuant to the provisions described in paragraph 6 of the Securities, selection of the Securities or portions thereof for redemption shall be made by the Trustee only on a pro rata PRO RATA basis or on as nearly a pro rata PRO RATA basis as is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of Securities held by each HolderThe Depository Trust Company), unless that method is otherwise prohibited. The Trustee shall make the selection from the Securities then outstanding, subject to redemption and outstanding not previously called for redemption. The Trustee may select for redemption pursuant to paragraph 5 or 6 of the Securities portions of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount1,000. Securities and portions of them the Trustee so it selects shall be in amounts of $1,000 principal amount or integral whole multiples thereofof $1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption.
Appears in 2 contracts
Samples: Schuler Homes Inc, Schuler Homes Inc
Selection of Securities to be Redeemed. If less fewer than all of the Securities are to be redeemed pursuant to paragraph 5 of the Securitiesredeemed, the Trustee shall select the Securities to be redeemed in compliance accordance with the requirements procedures of the national securities exchange, if any, on which the Securities are listed Depositary or, if the Securities are not then listed on a national securities exchangecertificated, on a pro rata basis, by lot or in by such other manner method as the Trustee in its sole discretion shall deem to be fair and appropriate. Selection of the Securities to be redeemed pursuant to paragraph 6 of the Securities shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of Securities held by each Holder. The Trustee shall make the selection from the outstanding Securities then outstanding, subject to redemption and not previously called for redemption. The Trustee may select for redemption pursuant to paragraph 5 or 6 of the Securities portions of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount2,000. Securities and portions of them the Trustee so selects shall be in principal amounts of $2,000 or a whole multiple of $1,000 principal amount or integral multiples in excess thereof, to the extent practicable. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. If the Securities are then certificated and are being redeemed other than on a pro rata basis, the Trustee shall notify the Company promptly of the Securities or portions of Securities to be redeemed.
Appears in 2 contracts
Samples: Indenture (Beacon Roofing Supply Inc), Indenture (Beacon Roofing Supply Inc)
Selection of Securities to be Redeemed. If less than all of the Securities of any series are to be redeemed pursuant to paragraph 5 of the Securitiesredeemed, the Trustee shall select the Securities of such series to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Securities being redeemed are listed or, if the Securities are not then listed on a national securities exchange, on a pro rata basis, by lot or in by such other manner method as the Trustee shall deem fair and appropriate. Selection ; provided, that no Securities of the Securities to $1,000 or less shall be redeemed pursuant to paragraph 6 of the Securities shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of Securities held by each Holderin part. The Trustee shall make the selection from the Outstanding Securities then outstanding, subject to redemption and of the series of Securities being redeemed not previously called for redemption. The Trustee shall promptly notify the Company in writing of such Securities and, in the case of Securities selected for partial redemption, the principal amount to be redeemed. The Trustee may select for redemption pursuant portions (equal to paragraph 5 $1,000 or 6 of the Securities portions any integral multiple thereof) of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount1,000. The Securities and portions of them the Trustee so selects shall be in amounts of $1,000 principal amount or integral multiples thereofof $1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption.
Appears in 2 contracts
Samples: Intercreditor Agreement (River Road Realty Corp), Security Agreement (Bayou Steel Corp)
Selection of Securities to be Redeemed. If less fewer than all of the Securities are to be redeemed pursuant to paragraph 5 of the Securitiesredeemed, the Trustee shall select the Securities to be redeemed 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 then listed on a national securities exchange, on a pro rata basis, by lot or in by such other manner method as the Trustee shall deem fair and appropriate. Selection If the Securities are listed on any national securities exchange, the Company shall notify the Trustee in writing of the Securities to be redeemed pursuant to paragraph 6 requirements of the Securities 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 such exchange in respect of the Depository) based on the aggregate principal amount of Securities held by each Holderany redemption. The Trustee and the Depository shall make the selection from the Securities then outstanding, subject to redemption 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. Securities in denominations equal to $1,000 may be redeemed only in whole. The Trustee may select for redemption pursuant portions (equal to paragraph 5 $1,000 or 6 of the Securities portions any integral multiple thereof) of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount. Securities and portions of them the Trustee so selects shall be in amounts of $1,000 principal amount or integral multiples thereof1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption.
Appears in 2 contracts
Samples: Indenture (United Refining Co), Indenture (United Refining Co)
Selection of Securities to be Redeemed. If less than all of the Securities are to be redeemed pursuant to paragraph 5 of the Securities, the Trustee shall select the Securities to be redeemed in compliance with the requirements of the national securities exchange, if any, on which the Securities are listed or, if the Securities are not then listed on a national securities exchange, on a pro rata PRO RATA basis, by lot or in such other manner as the Trustee shall deem fair and appropriate. Selection of the Securities to be redeemed pursuant to paragraph 6 of the Securities shall be made by the Trustee only on a pro rata PRO RATA basis or on as nearly a pro rata PRO RATA basis as is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of Securities held by each Holder. The Trustee shall make the selection from the Securities then outstanding, subject to redemption and not previously called for redemption. The Trustee may select for redemption pursuant to paragraph 5 or 6 of the Securities portions of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount. Securities and portions of them the Trustee so selects shall be in amounts of $1,000 principal amount or integral multiples thereof. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption.
Appears in 2 contracts
Samples: Timber Tech Inc, Metris Direct Inc
Selection of Securities to be Redeemed. If less fewer than all of the outstanding Securities are to be redeemed pursuant to paragraph 5 of the Securitiesredeemed, the Trustee shall select the Securities to be redeemed in compliance with the requirements of the national securities exchangeby lot, if any, on which the Securities are listed or, if the Securities are not then listed on a national securities exchange, on a pro rata basis, by lot or in such other manner as the Trustee shall deem fair and appropriate. Selection of the Securities to be redeemed pursuant to paragraph 6 of the Securities 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 by another method that complies with applicable legal and securities exchange requirements and the procedures of the Depository) based on Depositary, if any, and that the aggregate principal amount of Securities held by each HolderTrustee considers appropriate. The Trustee shall make the selection from the outstanding Securities then outstanding, subject to redemption and not previously called for redemption. The Trustee may select for redemption pursuant to paragraph 5 or 6 of the Securities portions of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount1,000. Securities and portions of them Securities the Trustee so selects shall be in principal amounts of $1,000 principal amount or integral multiples thereofa whole 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 redeemed. If the Trustee selects a portion of a Holder’s Securities for partial redemption and such Holder converts a portion of the same Securities, the converted portion will be deemed first to be from the portion selected for redemption.
Appears in 2 contracts
Samples: Indenture (American Realty Capital Properties, Inc.), Indenture (CapLease, Inc.)
Selection of Securities to be Redeemed. If less than all of the Securities are to be redeemed pursuant to paragraph 5 of the Securitiesredeemed, the Trustee shall select the Securities to be redeemed 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 then listed on a national securities exchange, on a pro rata basis, by lot or in by such other manner method as the Trustee shall deem deems fair and appropriate. Selection of the Securities to be redeemed ; provided that any redemption pursuant to paragraph 6 Paragraph 7 of the Securities shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the DepositoryThe Depository Trust Company) based on the aggregate principal amount of Securities held by each Holder. The Trustee shall make the selection from the Securities then outstanding, subject to redemption outstanding and not previously called for redemption. The Trustee shall promptly notify the Issuers in writing of such Securities selected for redemption and, in the case of Securities selected for partial redemption, the principal amount to be redeemed. The Trustee may select for redemption pursuant to paragraph 5 or 6 of the Securities portions of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount. Securities and portions of them the Trustee so selects shall be in amounts of $1,000 principal amount or integral multiples thereof. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption.
Appears in 2 contracts
Selection of Securities to be Redeemed. If less than all In the case of any partial redemption, selection of the Securities are to for redemption will be redeemed pursuant to paragraph 5 of the Securities, made by the Trustee shall select the Securities to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the such Securities are listed orlisted, or if the such Securities are not then listed on a national securities exchangeso listed, on a pro rata basis, or by lot or in such other manner method as the Trustee shall deem fair and appropriate. Selection of the Securities to be redeemed pursuant to paragraph 6 of the Securities shall be made by appropriate (and in such manner as complies with applicable legal requirements); provided that the Trustee only on shall not select Securities for redemption which would result in a pro rata basis or on as nearly Holder of Securities with a pro rata basis as is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of Securities held by each Holderless than the minimum denomination. The Trustee shall make the selection from the outstanding Securities then outstanding, subject to redemption and not previously called for redemption. The Trustee may select for redemption pursuant to paragraph 5 or 6 of the Securities portions of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount2,000. Securities and portions of them the Trustee so selects shall be in amounts of $2,000 or a whole multiple of $1,000 principal amount or integral multiples in excess thereof. 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 Issuers promptly of the Securities or portions of Securities to be redeemed.
Appears in 2 contracts
Samples: Indenture (Gates Global Inc.), Indenture (Gates Engineering & Services FZCO)
Selection of Securities to be Redeemed. If less than all of the Securities are to be redeemed pursuant to paragraph 5 of the Securities, the Trustee shall select the Securities to be redeemed in compliance with the requirements of the national securities exchange, if any, on which the Securities are listed or, in the absence of such requirements or if the Securities are not then listed on a national securities exchange, on a pro rata basis, by lot or in such other manner as may be required pursuant to this Indenture or otherwise as the Trustee shall deem fair and appropriate. Selection of the Securities to be redeemed pursuant to paragraph 6 of the Securities shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of Securities held by each Holder. The Trustee shall make the selection from the Securities then outstanding, subject to redemption and not previously called for redemption. The Trustee may select for redemption pursuant to paragraph 5 or 6 of the Securities portions of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount. Securities and portions of them the Trustee so selects shall be in amounts of $1,000 principal amount or integral multiples thereof. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption.
Appears in 2 contracts
Samples: Definitions and Incorporation by Reference (Manischewitz B Co LLC), Lin Television Corp
Selection of Securities to be Redeemed. If less than all In the case of any partial redemption, and if the Securities are to be redeemed pursuant to paragraph 5 of Global Securities held by the SecuritiesDepository, the Trustee shall Depository will select the Securities to be redeemed in compliance accordance with the requirements of the national securities exchange, if any, on which the Securities are listed or, if its operational arrangements. If the Securities are not then listed on a national securities exchangeGlobal Securities held by the Depository, on a pro rata basis, by lot or in such other manner as the Trustee shall deem fair and appropriate. Selection selection of the Securities to be redeemed pursuant to paragraph 6 of the Securities shall for redemption will 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 extent practicable or such other method the Trustee deems fair and appropriate; provided that no Securities of the Depository) based on the aggregate principal amount of Securities held by each Holder$1,000 or less shall be redeemed in part. The Trustee shall make the selection from the outstanding Securities then outstanding, subject to redemption and not previously called for redemption. The Trustee may select for redemption pursuant to paragraph 5 or 6 of the Securities portions of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount1,000. Securities and portions of them the Trustee so selects shall be in amounts of $1,000 principal amount or any integral multiples multiple of $1,000 in excess thereof. 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 Issuer promptly of the Securities or portions of Securities to be redeemed.
Appears in 2 contracts
Samples: Indenture (Quotient LTD), Indenture (Merrimack Pharmaceuticals Inc)
Selection of Securities to be Redeemed. If less than all of the Securities are to be redeemed pursuant to paragraph 5 of the Securities, the Trustee shall select the Securities to be redeemed in compliance with the requirements of the national securities exchange, if any, on which the Securities are listed or, if the Securities are not then listed on a national securities exchange, on a pro rata basis, by lot or in such other manner as the Trustee shall deem fair and appropriate. Selection of the Securities to be redeemed pursuant to paragraph 6 of the Securities shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of Securities held by each Holder, unless such method is otherwise prohibited. The Trustee shall make the selection from the Securities then outstanding, subject to redemption and not previously called for redemption. The Trustee may select for redemption pursuant to paragraph 5 or 6 of the Securities portions of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount. Securities and portions of them the Trustee so selects shall be in amounts of $1,000 principal amount or integral multiples thereof. Provisions of this Indenture that apply to 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 redeemed.
Appears in 2 contracts
Samples: Indenture (Gentek Inc), Indenture (General Chemical Group Inc)
Selection of Securities to be Redeemed. If less than all of the Securities are to be redeemed pursuant to paragraph 5 of the Securitiesat any time, the Trustee shall select the Securities to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Securities securities are listed or, if the Securities are not then listed on a national securities exchange, on a pro rata basis, by lot or in by such other manner method as the Trustee in its sole discretion shall deem fair and appropriate. Selection ; provided that no Securities of the Securities to $1,000 in principal amount or less shall be redeemed pursuant to paragraph 6 of the Securities shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of Securities held by each Holderin part. The Trustee shall make the selection from the Securities then outstanding, subject to redemption outstanding and not previously called for redemption. Securities in denominations of $1,000 in principal amount may only be redeemed in whole. The Trustee may select for redemption pursuant portions (equal to paragraph 5 $1,000 in principal amount or 6 of the Securities portions any integral multiple thereof) of the principal amount of Securities that have 85 80 denominations equal to or larger than $1,000 in principal amount. Securities and portions of them the Trustee so selects shall be in amounts of $1,000 principal amount or integral multiples thereof. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify the Company and the Registrar promptly in writing of the Securities or portions of Securities to be called for redemption.
Appears in 1 contract
Selection of Securities to be Redeemed. If less than all In the case of any partial redemption, selection of the Securities are to for redemption will be redeemed pursuant to paragraph 5 of the Securities, made by the Trustee shall select the Securities to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the such Securities are listed orlisted, or if the such Securities are not then listed on a national securities exchangeso listed, on a pro rata basis, or by lot or in such other manner method as the Trustee shall deem fair and appropriate. Selection of the Securities to be redeemed pursuant to paragraph 6 of the Securities shall be made by the Trustee only on a pro rata basis or on appropriate (and in such manner as nearly a pro rata basis as is practicable (subject to complies with applicable legal requirements and the procedures of DTC); provided that the Depository) based on the aggregate Trustee shall not select Securities for redemption which would result in a Holder of Securities with a principal amount of Securities held by each Holderless than the minimum denomination. The Trustee shall make the selection from the outstanding Securities then outstanding, subject to redemption and not previously called for redemption. The Trustee may select for redemption pursuant to paragraph 5 or 6 of the Securities portions of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount2,000. Securities and portions of them the Trustee so selects shall be in amounts of $2,000 or a whole multiple of $1,000 principal amount or integral multiples in excess thereof. 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 Issuer promptly of the Securities or portions of Securities to be redeemed.
Appears in 1 contract
Selection of Securities to be Redeemed. If less than all of the Securities are to be redeemed pursuant to paragraph Paragraph 5 of the Securitiesthereof, the Trustee shall select the Securities to be redeemed or portions thereof for redemption in compliance with the requirements of the principal national securities exchange, if any, on which the Securities are listed orlisted, or if the Securities are not then listed on a national securities exchangeso listed, on a pro rata basis, by lot or in such by any other manner as the Trustee shall deem determine to be fair and appropriate. Selection of the Securities to be redeemed ; provided that any such redemption pursuant to paragraph 6 of the Securities provisions relating to a Public Equity Offering or a Strategic Equity Offering shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of Securities held by each Holderany applicable Depositary, legal and stock exchange requirements). The Trustee shall make the selection from the Securities then outstanding, subject to redemption 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 thereof to be redeemed. The Securities may be redeemed in part pursuant to this Section 3.3 in multiples of $1,000 only. The Trustee may select for redemption pursuant portions (equal to paragraph 5 $1,000 or 6 of the Securities portions any integral multiple thereof) of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount. Securities and portions of them the Trustee so selects shall be in amounts of $1,000 principal amount or integral multiples thereof1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption.
Appears in 1 contract
Samples: Centennial Communications Corp /De
Selection of Securities to be Redeemed. If In the event that the Company chooses to redeem less than all of the Securities are to be redeemed pursuant to paragraph 5 at any time, selection of the Securities, Securities for redemption shall be made by the Trustee shall select upon the Securities to be redeemed Company’s written request either: (1) in compliance with the requirements of the principal national securities exchange, if any, on which the Securities are listed oras notified to the Trustee in writing, if the Securities are not then listed on a national securities exchange, or (2) on a pro rata basis, to the extent practicable, by lot or in by such other manner method as the Trustee shall deem fair and appropriate. Selection of the Securities to be redeemed pursuant to paragraph 6 of the Securities shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable appropriate (subject to the applicable procedures of the Depository) based on the aggregate principal amount of Securities held by each Holder). The Trustee shall make the selection from the outstanding Securities then outstanding, subject to redemption and not previously called for redemption. The Trustee may select for redemption pursuant to paragraph 5 or 6 of the Securities portions of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount2,000. Securities and portions of them the Trustee so selects shall be in principal amounts of $2,000 or any greater integral multiple of $1,000 principal amount or integral multiples thereof. 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 redeemed.
Appears in 1 contract
Samples: Indenture (LSB Industries Inc)
Selection of Securities to be Redeemed. If less than all of the Securities are to be redeemed pursuant to paragraph 5 of the Securities, the Trustee shall select the Securities to be redeemed in compliance with the requirements of the national securities exchange, if any, on which the Securities are listed or, if the Securities are not then listed on a national securities exchange, on a pro rata PRO RATA basis, by lot or in such other manner as the Trustee in its sole discretion shall deem fair and appropriate. Selection of the Securities to be redeemed pursuant to paragraph 6 of the Securities shall be made by the Trustee only on a pro rata PRO RATA basis or on as nearly a pro rata PRO RATA basis as is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of Securities held by each Holder. The Trustee shall make the selection from the Securities then outstanding, subject to redemption and not previously called for redemption. The Trustee may select for redemption pursuant to paragraph 5 or 6 of the Securities portions of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount. Securities and portions of them that the Trustee so selects shall be in amounts of $1,000 principal amount or integral multiples thereof. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption.
Appears in 1 contract
Samples: Nbty Inc
Selection of Securities to be Redeemed. If less fewer than all of the Securities are to be redeemed pursuant to paragraph 5 of the Securitiesredeemed, the Trustee shall select the Securities to be redeemed in compliance with the requirements of the national securities exchange, if any, on which the Securities are listed or, if the Securities are not then listed on a national securities exchange, on a pro rata basis, by lot or in such other manner as the Trustee shall deem fair and appropriate. Selection of the Securities to be redeemed pursuant to paragraph 6 of the Securities shall be made by the Trustee only for redemption on a pro rata basis to the extent practicable, or on as nearly a pro rata basis as is practicable to the extent not so practicable, by lot or by such other method that the Trustee in its sole discretion shall deem to be fair and appropriate and in accordance with methods generally used at the time of selection by fiduciaries in similar circumstances (but subject to the procedures requirement that any remaining Notes be in minimum denominations of the Depository) based on the aggregate principal amount $2,000 and integral multiples of Securities held $1,000 in excess thereof), unless otherwise required by each Holderlaw or applicable securities exchange or depositary requirements. The Trustee shall make the selection from the outstanding Securities then outstanding, subject to redemption and not previously called for redemption. Securities of $2,000 or less shall be redeemed in whole and not in part. The Trustee may select for redemption pursuant to paragraph 5 or 6 of the Securities portions of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount2,000. Securities and portions of them the Trustee so selects shall be in amounts minimum denominations of $2,000 principal amount and integral multiples of $1,000 principal amount or integral multiples in excess thereof. 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 redeemed.
Appears in 1 contract
Samples: Indenture (Columbus McKinnon Corp)
Selection of Securities to be Redeemed. If less fewer than all of the Securities are to be redeemed pursuant to paragraph 5 of the Securitiesredeemed, the Trustee shall select the Securities to be redeemed in compliance with the requirements of the national principal securities exchange, if any, on which the such Securities are listed or, if the such Securities are not then so listed on a national securities exchangeor such exchange prescribes no method of selection, on a pro rata basis, basis by lot or by such other method that the Trustee in its sole discretion shall deem to be fair and appropriate and in accordance with methods generally used at the time of selection by fiduciaries in similar circumstances (and in such other manner as the Trustee shall deem fair complies with applicable legal and appropriate. Selection of the Securities to be redeemed pursuant to paragraph 6 of the Securities shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of Securities held by each Holderexchange requirements). The Trustee shall make the selection from the outstanding Securities then outstanding, subject to redemption and not previously called for redemption. The Trustee may select for redemption pursuant to paragraph 5 or 6 of the Securities portions of the principal amount of Securities that have denominations equal to or larger than $1,000 DM1,000 in original principal amount. Securities and portions of them the Trustee so selects shall be in amounts of $1,000 principal amount DM1,000 or integral multiples thereofa whole multiple of DM1,000. 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 redeemed.
Appears in 1 contract
Selection of Securities to be Redeemed. If less than all In the case of the Securities are to be redeemed pursuant to paragraph 5 any partial redemption of the Securities, selection of Securities for redemption will be made by the Trustee shall select the Securities to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Securities are listed or(and the Issuers shall notify the Trustee of any such listing), or if the Securities are not then listed on a national securities exchangeso listed, on a pro rata basis, by lot or in by such other manner method as the Trustee shall deem fair and appropriate. Selection appropriate (and in such manner as complies with the requirements of the Depository, if applicable); provided, that no Securities of $1,000 (and integral multiples of $1,000 in excess thereof) or less shall be redeemed in part. If any Securities are to be redeemed pursuant in part only, the notice of redemption relating to paragraph 6 such Securities shall state the portion of the Securities shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of Securities held by each Holderthereof to be redeemed. The Trustee shall make the selection from the outstanding Securities then outstanding, subject to redemption and not previously called for redemption. The Trustee may select for redemption pursuant to paragraph 5 or 6 of the Securities portions of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount1,000. Securities and portions of them the Trustee so selects shall be in amounts of $1,000 principal amount or any higher integral multiples thereofmultiple 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 Issuers promptly of the Securities or portions of Securities to be redeemed.
Appears in 1 contract
Selection of Securities to be Redeemed. If less than all of the Securities are to be redeemed pursuant to paragraph 5 of the Securitiesredeemed, the Trustee shall select the Securities to be redeemed 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 then listed on a national securities exchangeso listed, on a pro rata basis, by lot or in such other manner as the Trustee shall deem fair and appropriate. Selection of the Securities to be redeemed pursuant to paragraph 6 of the Securities shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of Securities held by each Holder. The Trustee shall make the selection from the Securities then outstanding, subject to redemption and not previously called for redemption. The Trustee may select for redemption pursuant to paragraph 5 or 6 of the Securities portions of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount. Securities and portions of them the Trustee so selects shall be in amounts of $1,000 principal amount or integral multiples thereof. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. If a partial redemption is made with the net cash proceeds of a Public Equity Offering by the Company, selection of the Securities or portions thereof for redemption will be made by the Trustee only on a 35 -29- pro rata basis or as nearly a pro rata basis as is practicable (subject to the procedures of the Depository Trust Company), unless such method is otherwise prohibited.
Appears in 1 contract
Samples: Trans Resources Inc
Selection of Securities to be Redeemed. If less fewer than all of the Securities are to be redeemed pursuant to paragraph 5 of the Securitiesredeemed, the Trustee shall select the Securities to be redeemed by lot, pro rata or by any other method that the Trustee considers fair and appropriate and in compliance such manner as complies with any applicable legal requirements and, if such Securities are listed on any securities exchange, by a method that complies with the requirements of the national securities such exchange; provided, however, that if any, on which the Securities are listed or, if the Securities are not then listed on a national securities exchange, on a pro rata basis, by lot or in such other manner as the Trustee shall deem fair and appropriate. Selection partial redemption is made pursuant to Paragraph 5 of the Securities to be redeemed pursuant to paragraph 6 with the proceeds of a Public Equity Offering, the 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 basis, unless such method is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of Securities held by each Holderotherwise prohibited. The Trustee shall make the selection from the Securities then outstanding, subject to redemption 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. Securities in denominations of $1,000 may be redeemed only in whole. The Trustee may select for redemption pursuant portions (equal to paragraph 5 $1,000 or 6 of the Securities portions integral multiples thereof) of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount. Securities and portions of them the Trustee so selects shall be in amounts of $1,000 principal amount or integral multiples thereof1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption.
Appears in 1 contract
Samples: Dominicks Supermarkets Inc
Selection of Securities to be Redeemed. If less than all of the Securities are to be redeemed pursuant to paragraph 5 of the Securities, the Trustee shall select the Securities to be redeemed in compliance with the requirements of the national securities exchange, if any, on which the Securities are listed or, if the Securities are not then listed on a national securities exchange, on a pro rata basis, by lot basis or in such other manner as the Trustee shall deem fair and appropriate. Selection of the Securities to be redeemed pursuant to paragraph 6 of the Securities shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of Securities held by each Holder. The Trustee shall make the selection from the Securities then outstanding, subject to redemption and not previously called for redemption. The Trustee may select for redemption pursuant to paragraph 5 or 6 of the Securities portions of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount. Securities and portions of them the Trustee so selects shall be in amounts of $1,000 principal amount or integral multiples thereof. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption.
Appears in 1 contract
Samples: Indenture (Carrols Corp)
Selection of Securities to be Redeemed. If less than all of the Securities are to be redeemed pursuant to paragraph 5 of the Securitiesredeemed, the Trustee shall select the Securities to be so redeemed in compliance with applicable legal requirements and the requirements of the principal national securities exchange, if any, on which the Securities are listed or, if the Securities are not then listed on a national securities exchange, on a by lot, pro rata basis, by lot or in such other manner as the Trustee shall deem fair and appropriate. Selection reasonable manner chosen at the discretion of the Securities Trustee; provided that, with respect to be redeemed pursuant to paragraph 6 redemptions made with net proceeds of issuances of Equity Interests of the Securities Company as described in the second paragraph of Section 5 of each of the Securities, such redemptions 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 extent permitted by the Depository) based on the aggregate principal amount of Securities held by each Holder). The Trustee shall make the selection from the Securities then outstanding, subject to redemption outstanding and not previously called for redemption. Securities in denominations of $1,000 may only be redeemed in whole. The Trustee may select for redemption pursuant portions (equal to paragraph 5 $1,000 or 6 of the Securities portions any integral multiple thereof) of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount. Securities and portions of them the Trustee so selects shall be in amounts of $1,000 principal amount or integral multiples thereof1,000. 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 in writing of the Securities selected for redemption and, in the case of any Security selected for partial redemption, the principal amount of each certificate selected for redemption.
Appears in 1 contract
Selection of Securities to be Redeemed. If less than all of the Securities are to be redeemed pursuant to paragraph 5 of the Securities, the Trustee shall select the Securities to be redeemed in compliance with the requirements of the national securities exchange, if any, on which the Securities are listed or, in the absence of such requirements or if the Securities are not then listed on a national securities exchange, on a pro rata basis, by lot or in such other manner as may be required pursuant to this Indenture or otherwise as the Trustee shall deem fair and appropriate. Selection of the Securities to be redeemed pursuant to paragraph 6 of the Securities shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of Securities held by each Holder. The Trustee shall make the selection from the Securities then outstanding, subject to redemption and not previously called for redemption. The Trustee may select for redemption pursuant to paragraph 5 or 6 of the Securities portions of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount. Securities and portions of them the Trustee so selects shall be in amounts of $1,000 principal amount or integral multiples thereof. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall be entitled to the benefits of the protective provisions of Section 7.01 and 7.02 and the indemnity provisions of Section 7.07 with respect to any selection, determination or act made or taken by the Trustee pursuant to this Section 3.02 in connection with a redemption offer. Any selection, determination, or act made by the Trustee in connection with a redemption shall be conclusive, and the Trustee shall be entitled to the benefits of Section 7.02 and Section 7.07 with respect thereto.
Appears in 1 contract
Samples: Rab Enterprises Inc
Selection of Securities to be Redeemed. If less than all of the Securities are to be redeemed pursuant to paragraph 5 6 of the Securities, the Trustee shall select the Securities to be redeemed on a pro rata basis, by lot or by any other method as the Trustee shall deem fair and appropriate and, if the Securities are listed on a national securities exchange, by a method in compliance with the requirements of the national securities exchange, if any, on which the Securities are listed or, if the Securities are not then listed on a national securities exchange, on a pro rata basis, by lot or in such other manner as the Trustee shall deem fair and appropriate. Selection of the Securities to be redeemed pursuant to paragraph 6 7 of the Securities shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of Securities held by each Holder. The Trustee shall make the selection from the Securities then outstanding, subject to redemption and not previously called for redemption. The Trustee may select for redemption pursuant to paragraph 5 6 or 6 7 of the Securities portions of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount. Securities and portions of them the Trustee so selects shall be in amounts of $1,000 principal amount or integral multiples thereof. The Trustee 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 portion of the principal amount thereof to be redeemed. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption.
Appears in 1 contract
Samples: Carson Products Co
Selection of Securities to be Redeemed. If less fewer than all of the Securities are to be redeemed pursuant to paragraph 5 of the Securitiesredeemed, the Trustee shall select the Securities to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Securities being redeemed are listed listed, or, if the Securities are not then listed on a national securities exchange, on a pro --- rata basis, by lot or in such other manner as the Trustee shall deem fair and appropriate. Selection reasonable manner chosen ---- at the discretion of the Securities to be redeemed Trustee; provided, however, that a redemption -------- ------- pursuant to the provisions of paragraph 6 6(b) of the Securities shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of Securities held by each Holderbasis. --- ---- The Trustee shall make the selection from the Securities then outstanding, subject to redemption 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. Securities in denominations of $1,000 or less may be redeemed only in whole. The Trustee may select for redemption pursuant portions (equal to paragraph 5 $1,000 or 6 of the Securities portions any integral multiple thereof) of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount. Securities and portions of them the Trustee so selects shall be in amounts of $1,000 principal amount or integral multiples thereof1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption.
Appears in 1 contract
Selection of Securities to be Redeemed. If less than all of the Securities are to be redeemed pursuant to paragraph 5 of the Securitiesredeemed, the Trustee shall select the Securities to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Securities being redeemed are listed or, if the Securities are not then listed on a national securities exchange, on a pro rata basis, by lot or in by such other manner method as the Trustee shall deem fair and appropriate. Selection ; provided that no Securities of the Securities to be redeemed pursuant to paragraph 6 of the Securities shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of Securities held by each Holder$1,000 or less shall be redeemed in part. The Trustee shall make the selection from the Securities then outstanding, subject to redemption outstanding and not previously called for redemption. The Trustee shall promptly notify the Company in writing of such Securities selected for redemption and, in the case of Securities selected for partial redemption, the principal amount to be redeemed. The Trustee may select for redemption pursuant to paragraph 5 or 6 of the Securities portions of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount1,000. Securities and portions of them thereof the Trustee so selects shall be in amounts of $1,000 principal amount or integral multiples thereofof $1,000. No Securities that have denominations of $1,000 or less shall be selected by the Trustee for partial redemption. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption.
Appears in 1 contract
Samples: Indenture (Hvide Marine Inc)
Selection of Securities to be Redeemed. If less than all of the Securities are to be redeemed pursuant to paragraph 5 of the Securitiesat any time, the Trustee shall select the Securities to be redeemed 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 then listed on a national securities exchange, on a pro rata basis, by lot or in by such other manner method as the Trustee in its sole discretion shall deem fair and appropriate. Selection ; provided that no Securities of the Securities to $500 in principal amount or less shall be redeemed pursuant to paragraph 6 of the Securities shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of Securities held by each Holderin part. The Trustee shall make the selection from the Securities then outstanding, subject to redemption outstanding and not previously called for redemption. Securities in denominations of $500 in principal amount may only be redeemed in whole. The Trustee may select for redemption pursuant portions (equal to paragraph 5 $500 in principal amount or 6 any multiple of the Securities portions $1 in excess thereof) of the principal amount of Securities that have denominations equal to or larger than $1,000 500 in principal amount. Securities and portions of them the Trustee so selects shall be in amounts of $1,000 principal amount or integral multiples thereof. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify the Company and the Registrar promptly in writing of the Securities or portions of Securities to be called for redemption.
Appears in 1 contract
Selection of Securities to be Redeemed. If less than all of the Securities are to be redeemed pursuant to paragraph 5 of the Securitiesredeemed, the Trustee shall select the Securities to be redeemed 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 then listed on a national securities exchange, on a pro rata basis, by lot or in by such other manner method as the Trustee shall deem deems fair and appropriate. Selection of the Securities to be redeemed ; provided that any redemption pursuant to paragraph 6 Paragraph 8 of the Securities shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the DepositoryThe Depository 38 -30- Trust Company) based on the aggregate principal amount of Securities held by each Holder. The Trustee shall make the selection from the Securities then outstanding, subject to redemption outstanding and not previously called for redemption. The Trustee shall promptly notify the Company in writing of such Securities selected for redemption and, in the case of Securities selected for partial redemption, the principal amount to be redeemed. The Trustee may select for redemption pursuant to paragraph 5 or 6 of the Securities portions of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount. Securities and portions of them the Trustee so selects shall be in amounts of $1,000 principal amount or integral multiples thereof. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption.
Appears in 1 contract
Samples: Indenture (Lamar Advertising Co)
Selection of Securities to be Redeemed. If less than all of the Securities are to be redeemed pursuant to paragraph 5 of the Securities, the Trustee shall select the Securities to be redeemed by lot or otherwise in compliance with the requirements of the applicable Depository and of the principal national securities exchange, if any, on which the Securities are listed orlisted, if the provided that no such Securities are not then listed on a national securities exchange, on a pro rata basis, by lot of $2,000 or less shall be redeemed in such other manner as the Trustee shall deem fair and appropriatepart. Selection of the Securities to be redeemed pursuant to paragraph 6 5(c) of the Securities shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of Securities held by each Holder. The Trustee shall make the selection from the Securities then outstanding, subject to redemption and not previously called for redemption. The Trustee Portions of the principal amount of Securities may select be selected for redemption pursuant to paragraph 5 or 6 of the Securities portions of the principal amount of Securities that have denominations equal to or larger than $1,000 2,000 principal amount. Securities and portions of them the Trustee so selects selected shall be in amounts of $1,000 2,000 principal amount or integral multiples of $1,000 in excess thereof. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption.
Appears in 1 contract
Samples: Indenture (Lin Tv Corp.)
Selection of Securities to be Redeemed. If less than all of the Securities are to be redeemed at any time (other than pursuant to paragraph 5 of the SecuritiesSection 3.08), the Trustee shall select the Securities to be redeemed in compliance by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed orlisted, or if the Securities are not then listed on a national securities exchangelisted, on a pro rata basis, by lot or in by such other manner method as the Trustee in its sole discretion shall deem to be fair and appropriate. Selection appropriate and in accordance with methods generally used at the time of the Securities to be redeemed pursuant to paragraph 6 of the Securities shall be made selection by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of Securities held by each Holderfiduciaries in similar circumstances. The Trustee shall make the selection from the outstanding Securities then outstanding, subject to redemption and not previously called for redemption. The Trustee may select for redemption pursuant to paragraph 5 or 6 of the Securities portions of the principal amount of Securities Secur ities that have denominations equal to or larger than $1,000 principal amount1,000. Securities Secur ities and portions of them the Trustee so selects shall be in amounts of $1,000 principal amount or integral multiples thereofa whole 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 Issuer promptly of the Securities or portions of Securities to be redeemed.
Appears in 1 contract
Samples: Loral Space & Communications LTD
Selection of Securities to be Redeemed. If less than all of the Securities are to be redeemed pursuant to paragraph 5 of the Securities, the Trustee shall select the Securities to be redeemed in compliance with the requirements of the national securities exchange, if any, on which the Securities are listed or, if the Securities are not then listed on a national securities exchange, on a pro rata basisbasis to the extent practicable, and if not practicable, by lot or in such by any other manner method as the Trustee shall deem fair and appropriate. Selection of the Securities to be redeemed pursuant to the second paragraph 6 of paragraph 5 of the Securities 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 DepositoryDepositary) based on the aggregate principal amount of Securities held by each Holder. The Trustee shall make the selection from the Securities then outstanding, subject to redemption and not previously called for redemption. The Trustee may select for redemption pursuant to paragraph 5 or 6 of the Securities portions of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount. Securities and portions of them the Trustee so selects shall be in amounts of $1,000 principal amount or integral multiples thereof. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption.
Appears in 1 contract
Samples: Fedders Corp /De
Selection of Securities to be Redeemed. If less fewer than all of the Securities are to be redeemed pursuant to paragraph 5 of the Securities, the Trustee shall select the Securities to be redeemed shall, in compliance the case of Global Securities, be selected in accordance with the requirements Depositary’s policies and procedures and, in the case of the national securities exchangeDefinitive Securities, if any, on which the Securities are listed or, if the Securities are not then listed on a national securities exchange, on a pro rata basis, shall be selected by lot or in by such other manner method as the Trustee shall deem considers fair and appropriate. Selection of the Securities to be redeemed pursuant to paragraph 6 of the Securities shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of from outstanding Securities held by each Holder. The Trustee shall make the selection from the Securities then outstanding, subject to redemption and not previously called for redemption. The Trustee redemption and may select for redemption pursuant to paragraph 5 or 6 of the Securities include portions of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount2,000. Securities and portions of them the Trustee so selects that are selected shall be in amounts of $1,000 principal amount 2,000 or integral multiples thereofa whole multiple in excess 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 redeemed. Notwithstanding the foregoing, if the Securities are represented by Global Securities, beneficial interests therein will be selected for redemption by DTC in accordance with its standard procedures therefor.
Appears in 1 contract
Samples: Indenture (Rite Aid Corp)
Selection of Securities to be Redeemed. If less than all of the Securities are to be redeemed pursuant to paragraph 5 5(a) or (b) of the Securities, the Trustee shall select the Securities to be redeemed 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 then listed on a national securities exchange, on a pro rata basis, by lot or in by such other manner as the Trustee shall deem fair and appropriate. Selection ; provided, however, that (1) no Securities of a principal amount of $1,000 or less shall be redeemed in part and (2) if a partial redemption is made pursuant to the provisions of paragraph 5 of the Securities, selection of the Securities to be redeemed pursuant to paragraph 6 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) based on the aggregate principal amount of Securities held by each Holder. ), unless such method is otherwise prohibited The Trustee shall make the selection from the Securities then outstanding, subject to redemption and not previously called for redemption. The Trustee may select for redemption pursuant to paragraph 5 5(a) or 6 (b) of the Securities portions of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount. Securities and portions of them the Trustee so selects shall be in amounts of $1,000 principal amount or integral multiples thereof. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption.
Appears in 1 contract
Samples: Global Telesystems Group Inc
Selection of Securities to be Redeemed. If less -------------------------------------- than all of the Securities are to be redeemed pursuant to paragraph 5 of the Securitiesat any time, the Trustee shall select the Securities to be redeemed in compliance with the requirements requirements, as certified to it by the Company, of the principal national securities exchange, if any, on which the Securities are listed or, if the Securities are not then listed on a national securities exchange, on a pro rata basis, basis or by lot lot; provided that no Securities of $1,000 in principal amount at maturity or in such other manner as the Trustee less shall deem fair and appropriate. Selection of the Securities to be redeemed pursuant to paragraph 6 of the Securities shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of Securities held by each Holderin part. The Trustee shall make the selection from the Securities then outstanding, subject to redemption outstanding and not previously called for redemption. Securities in denominations of $1,000 in principal amount at maturity may only be redeemed in whole. The Trustee may select for redemption pursuant portions (equal to paragraph 5 or 6 of the Securities portions of the $1,000 in principal amount at maturity or any integral multiple thereof) of Securities that have denominations equal to or larger than $1,000 principal amount. Securities and portions of them the Trustee so selects shall be in amounts of $1,000 principal amount or integral multiples thereofat 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 and the Registrar promptly in writing of the Securities or portions of Securities to be called for redemption.
Appears in 1 contract
Samples: Icg Communications Inc
Selection of Securities to be Redeemed. If less than all of the Securities are to be redeemed pursuant to paragraph 5 of the Securitiesat any time, the Trustee shall select the Securities to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Securities being redeemed are listed or, if the Securities are not then listed on a national securities exchange, on a pro rata basis, by lot or in by such other manner method as the Trustee shall deem fair and appropriate. Selection ; provided, however, that no Securities of the Securities to be redeemed pursuant to paragraph 6 of the Securities shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of Securities held by each Holder$1,000 or less shall be redeemed in part. The Trustee shall make the selection from the Securities then outstanding, subject to redemption outstanding and not previously called for redemption. The Trustee may select shall promptly notify the Company in writing of such Securities selected for redemption pursuant to paragraph 5 or 6 and, in the case of the Securities portions of selected for partial redemption, the principal amount of Securities that have denominations equal to or larger than $1,000 principal amountbe redeemed. Securities and portions of them the Trustee so selects shall be in amounts of $1,000 principal amount or integral multiples thereofof $1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption.
Appears in 1 contract
Samples: Section (Toms Foods Inc)
Selection of Securities to be Redeemed. If Unless otherwise indicated for a particular Series by a Board Resolution, a supplemental Indenture or an Officers' Certificate, if less than all of the Securities of a Series are to be redeemed pursuant to paragraph 5 of the Securitiesat any time, the Trustee shall select the Securities to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Series of Securities are listed or, if the Securities are not then listed on a national securities exchange, on a pro rata basis, by lot or in by such other manner method as the Trustee in its sole discretion shall deem fair and appropriate. Selection ; provided, however, that no Securities of the Securities to $1,000 in principal amount or less shall be redeemed pursuant to paragraph 6 of the Securities shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of Securities held by each Holderin part. The Trustee shall make the selection from the Securities then outstanding, subject to redemption outstanding and not previously called for redemption. Securities in denominations of $1,000 in principal amount may only be redeemed in whole. The Trustee may select for redemption pursuant portions (equal to paragraph 5 or 6 of the Securities portions of the $1,000 in principal amount or any integral multiple thereof) of Securities that have denominations equal to or larger than $1,000 in principal amount. Securities and portions of them the Trustee so selects shall be in amounts of $1,000 principal amount or integral multiples thereof. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify the Company and the Registrar promptly in writing of the Securities or portions of Securities to be called for redemption.
Appears in 1 contract
Selection of Securities to be Redeemed. If less than all of the Securities are to be redeemed at any time pursuant to paragraph 5 of the SecuritiesSection 3.01(a) or Section 3.02, the Trustee shall select the Securities to be redeemed in compliance with the requirements requirements, as certified to it by the Issuer, of the principal national securities exchange, if any, on which the Securities are listed or, if the Securities are not then listed on a national securities exchange, on a pro rata PRO RATA basis, by lot or in by such other manner method as the Trustee in its sole discretion shall deem fair and appropriate. Selection ; PROVIDED, HOWEVER, that no Securities of the Securities to $1,000 in principal amount or less shall be redeemed pursuant to paragraph 6 of the Securities shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of Securities held by each Holderin part. The Trustee shall make the selection from the Securities then outstanding, subject to redemption outstanding and not previously called for redemption. Securities in denominations of $1,000 in principal amount may only be redeemed in whole. The Trustee may select for redemption pursuant portions (equal to paragraph 5 or 6 of the Securities portions of the $1,000 in principal amount or any integral multiple thereof) of Securities that have denominations equal to or larger than $1,000 in principal amount. Securities and portions of them the Trustee so selects shall be in amounts of $1,000 principal amount or integral multiples thereof. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify the Issuer and the Registrar promptly in writing of the Securities or portions of Securities to be called for redemption.
Appears in 1 contract
Selection of Securities to be Redeemed. If less than all of the Securities are to be redeemed pursuant to paragraph 5 of the Securitiesredeemed, the Trustee shall select the Securities to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Securities being redeemed are listed or, if the Securities are not then listed on a national securities exchange, on a pro rata basis, by lot or in by such other manner method as the Trustee shall deem fair and appropriate. Selection of the Securities to be redeemed pursuant to paragraph 6 of the Securities shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of Securities held by each Holder. The Trustee shall make the selection from the Securities then outstanding, subject to redemption outstanding and not previously called for redemption. The Trustee shall promptly notify the Company in writing of such Securities selected for redemption and, in the case of Securities selected for partial redemption, the principal amount to be redeemed. The Trustee may select for redemption pursuant to paragraph 5 or 6 of the Securities portions of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount1,000. Securities and portions of them thereof the Trustee so selects shall be in amounts of $1,000 principal amount or integral multiples thereofof $1,000. No Securities that have denominations of $1,000 or less shall be selected by the Trustee for partial redemption. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption.
Appears in 1 contract
Selection of Securities to be Redeemed. If less than all of the Securities are to be redeemed pursuant to paragraph 5 of the Securitiesat any time, the Trustee shall select the Securities to be redeemed 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 then listed on a national securities exchange, on a pro rata basis, by lot or in by such other manner method as the Trustee in its sole discretion shall deem fair and appropriate. Selection ; provided that no Securities of the Securities to $500 in principal amount or less shall be redeemed pursuant to paragraph 6 of the Securities shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of Securities held by each Holderin part. The Trustee shall make the selection from the Securities then outstanding, subject to redemption outstanding and not previously called for redemption. Securities in denominations of $500 in principal amount may only be redeemed in whole. The Trustee may select for redemption pursuant portions (equal to paragraph 5 $500 in principal amount or 6 of the Securities portions any integral multiple thereof) of the principal amount of Securities that have denominations equal to or larger than $1,000 500 in principal amount. Securities and portions of them the Trustee so selects shall be in amounts of $1,000 principal amount or integral multiples thereof. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify the Company and the Registrar promptly in writing of the Securities or portions of Securities to be called for redemption.
Appears in 1 contract
Samples: Security Pledge and Intercreditor Agreement (Nutritional Sourcing Corp)
Selection of Securities to be Redeemed. If less than all of the Securities are to be redeemed pursuant to paragraph 5 6 of the Securities, the Trustee shall select the Securities to be redeemed in compliance with the requirements of the national securities exchange, if any, on which the Securities are listed or, if the Securities are not then listed on a national securities exchange, on a pro rata basis, by lot or in such by any other manner method as the Trustee shall deem fair and appropriate. Selection of the Securities to be redeemed pursuant to paragraph 6 7 of the Securities shall be made 42 -35- 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 DepositoryDepositary) based on the aggregate principal amount of Securities held by each Holder. The Trustee shall make the selection from the Securities then outstanding, subject to redemption and not previously called for redemption. The Trustee may select for redemption pursuant to paragraph 5 6 or 6 7 of the Securities portions of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount. Securities and portions of them the Trustee so selects shall be in amounts of $1,000 principal amount or integral multiples thereof. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption.
Appears in 1 contract
Samples: Fedders North America Inc
Selection of Securities to be Redeemed. If less than all In the case of any partial redemption, selection of the Securities are to for redemption will be redeemed pursuant to paragraph 5 of made by the Securities, the Trustee shall select the Securities to be redeemed Registrar in compliance with the requirements of the principal national securities exchange, if any, on which the such Securities are listed orlisted, or if the such Securities are not then listed on a national securities exchange, on a pro rata basisso listed, by lot or in by such other manner method as the Trustee Registrar shall deem fair and appropriate. Selection of the Securities to be redeemed pursuant to paragraph 6 of the Securities shall be made by the Trustee only on a pro rata basis or on appropriate (and in such manner as nearly a pro rata basis as is practicable (subject complies with applicable legal requirements); provided that, to the procedures extent practicable, the Registrar shall not select Securities for redemption which would result in a Holder of the Depository) based on the aggregate Securities having a principal amount of Securities held by each Holderless than the minimum denomination. The Trustee Registrar shall make the selection from the outstanding Securities then outstanding, subject to redemption and not previously called for redemption. The Trustee Registrar may select for redemption pursuant to paragraph 5 or 6 of the Securities portions of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount2,000. Securities and portions of them the Trustee so Registrar selects shall be in amounts of $2,000 or a whole multiple of $1,000 principal amount or integral multiples in excess thereof. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Registrar shall notify the Company promptly of the Securities or portions of Securities to be redeemed.
Appears in 1 contract
Samples: Indenture (TPC Group Inc.)
Selection of Securities to be Redeemed. If less fewer than all of the Securities are to be redeemed pursuant to paragraph 5 of the Securitiesredeemed, the Trustee shall select the Securities to be redeemed in compliance with the requirements of the national securities exchange, if any, on which the Securities are listed or, if the Securities are not then listed on a national securities exchange, by lot or on a pro rata basisbasis to the extent practicable, by lot or in on such other manner basis as the Trustee shall deem fair and appropriate. Selection of the Securities to be redeemed pursuant to paragraph 6 of the Securities shall be made , unless another method is required by the Trustee only on a pro rata basis law or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of Securities held by each Holderapplicable exchange or depositary requirements. The Trustee shall make the selection from the outstanding Securities then outstanding, subject to redemption and not previously called for redemption. The Trustee may select for redemption pursuant to paragraph 5 or 6 of the Securities portions of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount2,000. Securities and portions of them the Trustee so selects shall be in principal amounts of $2,000 or a whole multiple of $1,000 in excess thereof, to the extent practicable. The Company will redeem Securities in principal amount amounts of $2,000 or integral multiples thereofless in whole and not in part, to the extent practicable. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. If the Securities are being redeemed other than on a pro rata basis, the Trustee shall notify the Company promptly of the Securities or portions of Securities to be redeemed.
Appears in 1 contract
Samples: Neustar (Neustar Inc)
Selection of Securities to be Redeemed. If less than all of the Securities are to be redeemed at any time pursuant to paragraph 5 of the SecuritiesSection 3.01, the Trustee shall select the Securities to be redeemed in compliance with the requirements requirements, as certified to it by the Company, of the principal national securities exchange, if any, on which the Securities are listed or, if the Securities are not then listed on a national securities exchange, on a pro rata basis, by lot or in by such other manner method as the Trustee in its sole discretion shall deem fair and appropriate. Selection ; provided, however, that no Securities of the Securities to $1,000 in principal amount or less shall be redeemed pursuant to paragraph 6 of the Securities shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of Securities held by each Holderin part. The Trustee shall make the selection from the Securities then outstanding, subject to redemption outstanding and not previously called for redemption. Securities in denominations of $1,000 in principal amount may only be redeemed in whole. The Trustee may select for redemption pursuant portions (equal to paragraph 5 or 6 of the Securities portions of the $1,000 in principal amount or any integral multiple thereof) of Securities that have denominations equal to or larger than $1,000 in principal amount. Securities and portions of them the Trustee so selects shall be in amounts of $1,000 principal amount or integral multiples thereof. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify the Company and the Registrar promptly in writing of the Securities or portions of Securities to be called for redemption.
Appears in 1 contract
Samples: GST Telecommunications Inc
Selection of Securities to be Redeemed. If less than all of the Securities are to be redeemed pursuant to paragraph 5 of the Securities, the Trustee shall select the Securities to be redeemed in compliance with the requirements of the national securities exchange, if any, on which the Securities are listed or, in the absence of such requirements or if the Securities are not then listed on a national securities exchange, on a pro rata basis, by lot or in such other manner as may be required pursuant to this Indenture or otherwise as the Trustee shall deem fair and appropriate. Selection of the Securities to be redeemed pursuant to paragraph 6 5(b) or paragraph 20 of the Securities shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository) based on the aggregate principal amount at maturity of Securities held by each Holder. The Trustee shall make the selection from the Securities then outstanding, subject to redemption and not previously called for redemption. The Trustee may select for redemption pursuant to paragraph 5 or 6 of the Securities portions of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount. Securities and portions of them the Trustee so selects shall be in amounts of $1,000 principal amount or integral multiples thereof. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption.
Appears in 1 contract
Samples: WTNH Broadcasting Inc
Selection of Securities to be Redeemed. If less fewer than all of the Securities are to be redeemed pursuant to paragraph 5 of the Securitiesredeemed, the Trustee shall select the Securities to be redeemed in compliance accordance with the requirements procedures of the national securities exchange, if any, on which the Securities are listed Depositary or, if the Securities are not then listed on a national securities exchangecertificated, on a pro rata basis, by lot or in by such other manner method as the Trustee in its sole discretion shall deem to be fair and appropriate. Selection of the Securities to be redeemed pursuant to paragraph 6 of the Securities shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of Securities held by each Holder. The Trustee shall make the selection from the outstanding Securities then outstanding, subject to redemption and not previously called for redemption. The Trustee may select for redemption pursuant to paragraph 5 or 6 of the Securities portions of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount2,000. Securities and portions of them the Trustee so selects shall be in principal amounts of $2,000 or an integral multiple of $1,000 principal amount or integral multiples in excess thereof, to the extent practicable. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. If the Securities are then certificated and are being redeemed other than on a pro rata basis, the Trustee shall notify the Company promptly of the Securities or portions of Securities to be redeemed.
Appears in 1 contract
Samples: Supplemental Indenture (Greif Inc)
Selection of Securities to be Redeemed. If less than all of the Securities are to be redeemed pursuant to paragraph Paragraph 5 of the Securitiesthereof, the Trustee shall select the Securities to be redeemed or portions thereof for redemption in compliance with the requirements of the principal national securities exchange, if any, on which the Securities are listed orlisted, or if the Securities are not then listed on a national securities exchangeso listed, on a pro rata basis, by lot or in such by any other manner as the Trustee shall deem determine to be fair and appropriate. Selection of the Securities to be redeemed ; provided, that any such redemption pursuant to paragraph 6 of the Securities provisions relating to a Public Equity Offering or a Strategic Equity Offering shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of Securities held by each Holderany applicable Depositary, legal and stock exchange requirements). The Trustee shall make the selection from the Securities then outstanding, subject to redemption 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 thereof to be redeemed. The Securities may be redeemed in part pursuant to this Section 3.3 in multiples of $1,000 only. The Trustee may select for redemption pursuant portions (equal to paragraph 5 $1,000 or 6 of the Securities portions any integral multiple thereof) of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount. Securities and portions of them the Trustee so selects shall be in amounts of $1,000 principal amount or integral multiples thereof1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption.
Appears in 1 contract
Samples: Centennial Communications Corp /De
Selection of Securities to be Redeemed. If less than all of the Securities are to be redeemed pursuant to paragraph 5 of the Securities, the Trustee shall select the Securities to be redeemed in compliance with the requirements of the Depository and the principal national securities exchange, if any, on which the Securities are listed or, in the absence of such requirements or if the Securities are not then listed on a national securities exchange, on a pro rata basis, by lot provided that no such Securities of $2,000 or less shall be redeemed in such other manner as the Trustee shall deem fair and appropriatepart. Selection of the Securities to be redeemed pursuant to paragraph 6 5(c) of the Securities shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of Securities held by each Holder. The Trustee shall make the selection from the Securities then outstanding, subject to redemption and not previously called for redemption. The Trustee may select for redemption pursuant to paragraph 5 or 6 of the Securities portions of the principal amount of Securities that have denominations equal to or larger than $1,000 2,000 principal amount. Securities and portions of them the Trustee so selects shall be in amounts of $1,000 2,000 principal amount or integral multiples of $1,000 in excess thereof. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption.
Appears in 1 contract
Samples: Indenture (Lin Tv Corp)
Selection of Securities to be Redeemed. If less fewer than all of the Securities are to be redeemed pursuant to paragraph 5 of the Securitiesredeemed, the Trustee shall select the Securities to be redeemed 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 then listed on a national securities exchange, on a pro rata basis, by lot or in by such other manner method as the Trustee shall deem fair and appropriate. Selection If the Securities are listed on any national securities exchange, the Company shall notify the Trustee in writing of the Securities to be redeemed pursuant to paragraph 6 requirements of the Securities 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 such exchange in respect of the Depository) based on the aggregate principal amount of Securities held by each Holderany redemption. The Trustee shall make the selection from the Securities then outstanding, subject to redemption 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. Securities in denominations of less than $1,000 may be redeemed only in whole. The Trustee may select for redemption pursuant portions (equal to paragraph 5 $1,000 or 6 of the Securities portions any integral multiple thereof) of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount1,000. Securities and portions of them the Trustee so selects shall be in amounts of $1,000 principal amount or integral multiples thereof. 41 -33- Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption.
Appears in 1 contract
Selection of Securities to be Redeemed. If less fewer than all of the Securities are to be redeemed pursuant to paragraph 5 of the Securitiesredeemed, the Trustee shall select the Securities to be redeemed in compliance with the requirements of the national securities exchange, if any, on which the Securities are listed or, if the Securities are not then listed on a national securities exchangeredeemed, on a pro rata basis, by lot or in by such other manner method as the Trustee shall deem fair and appropriate. Selection of ; provided, however, that if the Securities to be are redeemed pursuant to paragraph Paragraph 6 of the Securities, the Securities shall be made by the Trustee only 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) based unless the securities exchange, if any, on which the aggregate principal amount 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 Securities held by each Holderthe requirements of such exchange in respect of any redemption. The Trustee shall make the selection from the Securities then outstanding, subject to redemption 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 pursuant portions (equal to paragraph 5 $1,000 or 6 of the Securities portions any integral multiple thereof) of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount. Securities and portions of them the Trustee so selects shall be in amounts of $1,000 principal amount or integral multiples thereof1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption.
Appears in 1 contract
Samples: Indenture (Vs Holdings Inc)
Selection of Securities to be Redeemed. If less fewer than all of the Securities are to be redeemed pursuant to paragraph 5 of the Securitiesredeemed, the Trustee shall select the Securities to be redeemed 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 then listed on a national securities exchange, on a pro rata basis, by lot or in by such other manner method as the Trustee shall -------- deem fair and appropriate. Selection If the Securities are listed on any national securities exchange, the Company shall notify the Trustee in writing of the Securities to be redeemed pursuant to paragraph 6 requirements of the Securities 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 such exchange in respect of the Depository) based on the aggregate principal amount of Securities held by each Holderany redemption. The Trustee shall make the selection from the Securities then outstanding, subject to redemption 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. No Security of $1,000 in original principal amount or less will be redeemed in part. The Trustee may select for redemption pursuant portions (equal to paragraph 5 $1,000 or 6 of the Securities portions any integral multiple thereof) of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount. Securities and portions of them the Trustee so selects shall be in amounts of $1,000 principal amount or integral multiples thereof1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption.
Appears in 1 contract
Samples: Indenture (Ametek Inc/)
Selection of Securities to be Redeemed. If less than all of the Securities are to be redeemed pursuant to paragraph 5 of the Securities, the Trustee shall select the Securities to be redeemed in compliance with the requirements of the national principal na tional securities exchange, if any, on which the Securities are listed or, if the Securities are not then listed on a national securities exchange, on a pro rata basis, by lot or in such other manner as the Trustee shall deem fair and appropriateappropriate (and in such manner as complies with applicable legal requirements). Selection of the Securities to be redeemed pursuant to paragraph 6 of the Securities shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of Securities held by each HolderHolder unless such method is otherwise prohibited. The Trustee shall make the selection from the Securities then outstanding, subject to redemption and not previously called for redemption. The Trustee may select for redemption pursuant to paragraph 5 or 6 of the Securities portions of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount. Securities and portions of them the Trustee so selects shall be in amounts of $1,000 principal amount or integral multiples thereof. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption.
Appears in 1 contract
Samples: St John Knits Inc
Selection of Securities to be Redeemed. If the Company has elected to redeem less than all of the Securities are to be redeemed pursuant to paragraph 5 Paragraph 6 of the Securities, the Trustee shall shall, promptly after receiving the notice specified in Section 3.02, select the Securities to be redeemed in compliance with the requirements of the national securities exchangeby lot, if any, on which the Securities are listed or, if the Securities are not then listed on a national securities exchange, on a pro rata basis, by lot or in such other manner as the Trustee shall deem fair and appropriate. Selection of the Securities to be redeemed pursuant to paragraph 6 of the Securities 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 in accordance with any other method the Trustee considers fair and appropriate in accordance with its customary practice, and the Trustee shall remain harmless with respect thereto; or, in the case of Securities in global form, the Securities will be selected in accordance with the procedures of the Depository) based on the aggregate principal amount of Securities held by each HolderDTC. The Trustee shall make the such selection from the Securities then outstanding, subject to redemption outstanding and not already to be redeemed by virtue of having been previously called for redemptionRedemption. The Trustee may select for redemption pursuant to paragraph 5 or 6 of the Securities Redemption portions of the principal amount of the Securities that have denominations equal to or larger than $1,000 principal amount. Securities and portions of them the Trustee so selects for Redemption shall be in amounts of $1,000 principal amount or integral multiples thereofof $1,000 principal amount. Provisions The Trustee shall promptly notify the Company in writing of this Indenture the Securities selected for Redemption and the principal amount thereof to be redeemed. The Registrar need not register the transfer of or exchange any Securities that apply to have been selected for Redemption, except the unredeemed portion of the Securities called for redemption also apply to portions of Securities called for redemptionbeing redeemed in part.
Appears in 1 contract
Selection of Securities to be Redeemed. If less than all of the Securities are to be redeemed pursuant to paragraph 5 5(a) or (b) of the Securities, the Trustee shall select the Securities to be redeemed 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 then listed on a national securities exchange, on a pro rata basis, by lot or in by such other manner as the Trustee shall deem fair and appropriate. Selection ; provided, however, that (1) no Securities of a principal amount of $1,000 or less shall be redeemed in part and (2) if a partial redemption is made pursuant to the provisions of paragraph 5 of the Securities, selection of the Securities to be redeemed pursuant to paragraph 6 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) based on the aggregate principal amount of Securities held by each Holder), unless such method is otherwise prohibited. The Trustee shall make the selection from the Securities then outstanding, subject to redemption and not previously called for redemption. The Trustee may select for redemption pursuant to paragraph 5 5(a) or 6 (b) of the Securities portions of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount. Securities and portions of them the Trustee so selects shall be in amounts of $1,000 principal amount or integral multiples thereof. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption.
Appears in 1 contract
Selection of Securities to be Redeemed. If less than all of the Securities are to be redeemed pursuant to paragraph 5 5(a) or (b) of the Securities, the Trustee shall select the Securities to be redeemed in compliance with the requirements of the national securities exchange, if any, on which the Securities are listed or, in the absence of such requirements or if the Securities are not then listed on a national securities exchange, on a pro rata basis, by lot or in such other manner as may be required pursuant to this Indenture or otherwise as the Trustee shall deem fair and appropriate. Selection of the Securities to be redeemed pursuant to paragraph 6 5(b) of the Securities shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of Securities held by each Holder. The Trustee shall make the selection from the Securities then outstanding, subject to redemption and not previously called for redemption. The Trustee may select for redemption pursuant to paragraph 5 5(a) or 6 (b) of the Securities portions of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount. Securities and portions of them the Trustee so selects shall be in amounts of $1,000 principal amount or integral multiples thereof. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption.
Appears in 1 contract
Samples: Crescent Finance Co
Selection of Securities to be Redeemed. If less than all of the Securities are to be redeemed pursuant to paragraph 5 of the Securities, the Trustee shall select the Securities to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Securities are listed or, in the absence of such requirements or if the Securities are not then listed on a national securities exchange, on a pro rata basis, by lot provided that no such Securities of $1,000 or less shall be redeemed in such other manner as the Trustee shall deem fair and appropriatepart. Selection of the Securities to be redeemed pursuant to paragraph 6 5(b) of the Securities shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of Securities held by each Holder. The Trustee shall make the selection from the Securities then outstanding, subject to redemption and not previously called for redemption. The Trustee may select for redemption pursuant to paragraph 5 or 6 of the Securities portions of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount. Securities and portions of them the Trustee so selects shall be in amounts of $1,000 principal amount or integral multiples thereof. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption.
Appears in 1 contract
Samples: Indenture (Lin Television Corp)
Selection of Securities to be Redeemed. If less than all In the case of the Securities are to be redeemed pursuant to paragraph 5 of the Securitiesany partial redemption, the Trustee shall select the Securities to be redeemed by lot and otherwise in compliance accordance with the requirements of the national securities exchange, if any, on which the Securities are listed or, if the Securities are not then listed on a national securities exchange, on a pro rata basis, by lot or in such other manner as the Trustee shall deem fair and appropriate. Selection of the Securities to be redeemed pursuant to paragraph 6 of the Securities 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 customary procedures of the Depository) based on the aggregate principal amount relevant Depositary; provided that no Securities of Securities held by each Holder$2,000 or less shall be redeemed in part. The Trustee shall make the selection from the outstanding Securities then outstanding, subject to redemption and not previously called for redemption. The Trustee may select for redemption pursuant to paragraph 5 or 6 of the Securities portions of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount2,000. Securities and portions of them that the Trustee so selects shall be in principal amounts of $2,000 or any integral multiple of $1,000 principal amount or integral multiples in excess thereof. 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 Issuer as soon as practicable of the Securities or portions of Securities to be redeemed. After the redemption date, upon surrender of the Security to be redeemed in part only, a new Security or Securities in principal amount equal to the unredeemed portion of the original Security representing the same Indebtedness to the extent not redeemed shall be issued in the name of the Holder of the Securities upon cancellation of the original Security (or appropriate book entries shall be made to reflect such partial redemption).
Appears in 1 contract
Selection of Securities to be Redeemed. If In the event that the Company chooses to redeem less than all of the Securities are to be redeemed pursuant to paragraph 5 at any time, selection of the Securities, Securities for redemption shall be made by the Trustee shall select the Securities to be redeemed either: (1) in compliance with the requirements of the principal national securities exchange, if any, on which the Securities are listed orlisted, if the Securities are not then listed on a national securities exchange, or (2) on a pro rata basis, by lot or in by such other manner method as the Trustee shall deem fair and appropriate. Selection If a partial redemption is made with the proceeds of a Public Equity Offering, the Trustee shall select the Securities to be redeemed pursuant to paragraph 6 of the Securities shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of Securities held by each Holder). The Trustee shall make the selection from the outstanding Securities then outstanding, subject to redemption and not previously called for redemption. The Trustee may select for redemption pursuant to paragraph 5 or 6 of the Securities portions of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount2,000. Securities and portions of them the Trustee so selects shall be in principal amounts of $2,000 or any greater integral multiple of $1,000 principal amount or integral multiples thereof. 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 redeemed.
Appears in 1 contract
Samples: Indenture (LSB Industries Inc)
Selection of Securities to be Redeemed. If less fewer than all of the Securities are to be redeemed pursuant to paragraph 5 of the Securitiesredeemed, the Trustee shall select the Securities to be redeemed in compliance pro rata or by lot or by a method that complies with the requirements of the national applicable legal and securities exchangeexchange requirements, if any, on which the Securities are listed or, if the Securities are not then listed on a national securities exchange, on a pro rata basis, by lot or in such other manner as and that the Trustee shall deem considers fair and appropriate. Selection appropriate and in accordance with methods generally used at the time of the Securities to be redeemed pursuant to paragraph 6 of the Securities shall be made selection by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of Securities held by each Holderfiduciaries in similar circumstances. The Trustee shall make the selection from the outstanding Securities then outstanding, subject to redemption and not previously called for redemption. The Trustee may select for redemption pursuant to paragraph 5 or 6 of the Securities portions of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount1,000. Securities and portions of them the Trustee so selects shall be in amounts of $1,000 principal amount or integral multiples thereofa whole multiple of $1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. If fewer than all the Securities are to be redeemed with the proceeds of a Public Equity Offering, the Trustee shall select the Securities to be redeemed pro rata, or nearly pro rata as is practicable, unless such method is prohibited. The Trustee shall notify the Company promptly of the Securities or portions of Securities to be redeemed.
Appears in 1 contract
Samples: Indenture (Us Can Corp)
Selection of Securities to be Redeemed. If less than all of the Securities are to be redeemed pursuant to paragraph 5 of the Securities, the Trustee shall select the Securities to be redeemed in compliance with the requirements of the national securities exchange, if any, on which the Securities are listed or, if the Securities are not then listed on a national securities exchange, on a pro rata basis, by lot or in such other manner as the Trustee shall deem fair and appropriate. Selection of the Securities to be redeemed pursuant to paragraph 6 of the Securities shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of Securities held by each Holder. The Trustee shall make the selection from the Securities then outstanding, subject to redemption and not previously called for redemption. The Trustee may select for redemption pursuant to paragraph 5 or 6 of the Securities portions of the principal face amount of Securities that have denominations equal to or larger than $1,000 principal face amount. Securities and portions of them the Trustee so selects shall be in amounts of $1,000 principal face amount or integral multiples thereof. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption.
Appears in 1 contract
Selection of Securities to be Redeemed. If less fewer than all of the Securities are to be redeemed pursuant to paragraph 5 of the Securitiesredeemed, the Trustee shall select the Securities to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Securities being redeemed are listed listed, or, if the Securities are not then listed on a national securities exchange, on a pro rata basis, by lot or in such other manner as the Trustee shall deem fair and appropriate. Selection reasonable manner chosen at the discretion of the Securities to be redeemed Trustee; provided, however, that a redemption pursuant to the provisions of paragraph 6 6(b) of the Securities shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of Securities held by each Holderbasis. The Trustee shall make the selection from the Securities then outstanding, subject to redemption 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. Securities in denominations of $1,000 or less may be redeemed only in whole. The Trustee may select for redemption pursuant portions (equal to paragraph 5 $1,000 or 6 of the Securities portions any integral multiple thereof) of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount. Securities and portions of them the Trustee so selects shall be in amounts of $1,000 principal amount or integral multiples thereof1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption.to
Appears in 1 contract
Selection of Securities to be Redeemed. If less fewer than -------------------------------------- all of the Securities are to be redeemed pursuant to paragraph 5 of the Securitiesredeemed, the Trustee in its discretion shall select the Securities to be redeemed in compliance pro rata or by lot or by a method that complies with the requirements of the national applicable legal and securities exchangeexchange requirements, if any, on which the Securities are listed or, if the Securities are not then listed on a national securities exchange, on a pro rata basis, by lot or in such other manner as and that the Trustee shall deem considers fair and appropriate. Selection appropriate and in accordance with methods generally used at the time of the Securities to be redeemed pursuant to paragraph 6 of the Securities shall be made selection by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository) based on the aggregate principal amount of Securities held by each Holderfiduciaries in similar circumstances. The Trustee shall make the selection from the outstanding Securities then outstanding, subject to redemption and not previously called for redemption. The Trustee may select for redemption pursuant to paragraph 5 or 6 of the Securities portions of the principal amount of Securities that have denominations equal to or larger than $1,000 principal amount1,000. Securities and portions of them thereof the Trustee so selects shall be in amounts of $1,000 principal or a whole multiple of $1,000; except that if all the Notes of a Holder are to be redeemed, the entire outstanding amount or integral multiples thereofof Notes held by such Holder, even if not d multiple of $1,000, shall be redeemed. 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 Issuer promptly in writing of the Securities or portions of Securities to be redeemed.
Appears in 1 contract
Samples: Indenture (Dan River Inc /Ga/)