Common use of SELECTION OF SENIOR NOTES TO BE REDEEMED OR PURCHASED Clause in Contracts

SELECTION OF SENIOR NOTES TO BE REDEEMED OR PURCHASED. If less than all outstanding Senior Notes are to be redeemed or if less than all Senior Notes tendered pursuant to an Offer are to be accepted for payment, the Trustee shall select the outstanding Senior Notes to be redeemed or accepted for payment pro rata, by lot or by a method that complies with the requirements of any stock exchange on which the Senior Notes are listed and that the Trustee considers fair and appropriate. If the Company elects to mail notice of a redemption to Holders, the Trustee shall at least 5 business days prior to the date notice of redemption is to be mailed, (i) select the Senior Notes to be redeemed from Senior Notes outstanding not previously called for redemption and (ii) notify the Company of the names of each Holder of Senior Notes selected for redemption, the principal amount of Senior Notes held by each such Holder and the principal amount of such Holder's Senior Notes that are to be redeemed. If less than all Senxxx Xxtes tendered pursuant to an Offer on the Purchase Date are to be accepted for payment, the Trustee shall select on or promptly after the Purchase Date the Senior Notes to be accepted for payment. The Trustee shall select for redemption or purchase Senior Notes or portions of Senior Notes in principal amounts of $1,000 or integral multiples of $1,000; except that if all of the Senior Notes of a Holder are selected for redemption or purchase, the aggregate principal amount of the Senior Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed or purchased. Except as provided in the preceding sentence, provisions of this Indenture that apply to Senior Notes called for redemption or tendered pursuant to an Offer also apply to portions of Senior Notes called for redemption or tendered pursuant to an Offer. The Trustee shall notify the Company promptly of the Senior Notes or portions of Senior Notes to be called for redemption or selected for purchase.

SELECTION OF SENIOR NOTES TO BE REDEEMED OR PURCHASED. If less than all outstanding Senior Notes are to be redeemed or if less than all Senior Notes tendered pursuant to an Offer are to be accepted for payment, the Trustee shall select the outstanding Senior Notes to be redeemed or accepted for payment pro rata, by lot or by a method that complies with the requirements of any stock exchange on which the Senior Notes are listed and that the Trustee considers fair and appropriate. If the Company elects to mail notice of a redemption to Holders, the Trustee shall at least 5 business days prior to the date notice of redemption is to be mailed, (i) select the Senior Notes to be redeemed from Senior Notes outstanding not previously called for redemption and (ii) notify the Company of the names of each Holder of Senior Notes selected for redemption, the principal amount of Senior Notes held by each such Holder and the principal amount of such HolderXxxxxx's Senior Notes that are to be redeemed. If less than all Senxxx Xxtes Senior Notes tendered pursuant to an Offer on the Purchase Date are to be accepted for payment, the Trustee shall select on or promptly after the Purchase Date the Senior Notes to be accepted for payment. The Trustee shall select for redemption or purchase Senior Notes or portions of Senior Notes in principal amounts of $1,000 or integral multiples of $1,000; except that if all of the Senior Notes of a Holder are selected for redemption or purchase, the aggregate principal amount of the Senior Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed or purchased. Except as provided in the preceding sentence, provisions of this Indenture that apply to Senior Notes called for redemption or tendered pursuant to an Offer also apply to portions of Senior Notes called for redemption or tendered pursuant to an Offer. The Trustee shall notify the Company promptly of the Senior Notes or portions of Senior Notes to be called for redemption or selected for purchase.

SELECTION OF SENIOR NOTES TO BE REDEEMED OR PURCHASED. If less than all outstanding Senior Notes are to be redeemed or if less than all Senior Notes tendered pursuant to an Offer are to be accepted for payment, the Trustee shall select the outstanding Senior Notes to be redeemed or accepted for payment pro ratarata (also on a pro rata basis with the holders of the Company's 10% Senior Secured Notes due 2007), by lot or by a method that complies with the requirements of any stock exchange on which the Senior Notes are listed and that the Trustee considers fair and appropriate. If the Company elects to mail notice of a redemption to Holders, the Trustee shall at least 5 business days prior to the date notice of redemption is to be mailed, (i) select the Senior Notes to be redeemed from Senior Notes outstanding not previously called for redemption and (ii) notify the Company of the names of each Holder of Senior Notes selected for redemption, the principal amount of Senior Notes held by each such Holder and the principal amount of such Holder's Senior Notes that are to be redeemed. If less than all Senxxx Xxtes Senior Notes tendered pursuant to an Offer on the Purchase Date are to be accepted for payment, the Trustee shall select on or promptly after the Purchase Date the Senior Notes to be accepted for payment. The Trustee shall select for redemption or purchase Senior Notes or portions of Senior Notes in principal amounts of $1,000 or integral multiples of $1,000; except that if all of the Senior Notes of a Holder are selected for redemption or purchase, the aggregate principal amount of the Senior Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed or purchased. Except as provided in the preceding sentence, provisions of this Indenture that apply to Senior Notes called for redemption or tendered pursuant to an Offer also apply to portions of Senior Notes called for redemption or tendered pursuant to an Offer. The Trustee shall notify the Company promptly of the Senior Notes or portions of Senior Notes to be called for redemption or selected for purchase.

SELECTION OF SENIOR NOTES TO BE REDEEMED OR PURCHASED. If less than all outstanding Senior Notes are to be redeemed or if less than all Senior Notes tendered pursuant to an Offer are to be accepted for payment, the Trustee shall select the outstanding Senior Notes to be redeemed or accepted for payment pro rata, by lot or by a method that complies with the requirements of any stock exchange on which the Senior Notes are listed and that the Trustee considers fair and appropriate. If the Company elects to mail notice of a redemption to Holders, the Trustee shall at least 5 business days five Business Days prior to the date notice of redemption is to be mailed, (i) select the Senior Notes to be redeemed from Senior Notes outstanding not previously called for redemption and (ii) notify the Company of the names of each Holder of Senior Notes selected for redemption, the principal amount of Senior Notes held by each such Holder and the principal amount of such HolderXxxxxx's Senior Notes that are to be redeemed. If less than all Senxxx Xxtes Senior Notes tendered pursuant to an Offer on the Purchase Date are to be accepted for payment, the Trustee shall select on or promptly after the Purchase Date the Senior Notes to be accepted for payment. The Trustee shall select for redemption or purchase Senior Notes or portions of Senior Notes in principal amounts of $1,000 or integral multiples of $1,000; except that if all of the Senior Notes of a Holder are selected for redemption or purchase, the aggregate principal amount of the Senior Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed or purchasedNotes. Except as provided in the preceding sentence, provisions of this Indenture that apply to Senior Notes called for redemption or tendered pursuant to an Offer also apply to portions of Senior Notes called for redemption or tendered pursuant to an Offer. The Trustee shall notify the Company promptly of the Senior Notes or portions of Senior Notes to be called for redemption or selected for purchase.

SELECTION OF SENIOR NOTES TO BE REDEEMED OR PURCHASED. If less than all outstanding of the Senior Notes are to be redeemed or if less than all purchased in an offer to purchase at any time, the Senior Notes tendered pursuant to an Offer are to shall be accepted selected for paymentredemption or repurchase by lot, pro rata, or by such other method the Trustee considers fair and appropriate; provided that if the Senior Notes are represented by Global Notes, interests in the Senior Notes shall select the outstanding be selected for redemption or repurchase by DTC in accordance with its standard procedures therefor. The Senior Notes to be redeemed or accepted for payment pro ratapurchased shall be selected, by lot or by a method that complies with the requirements of any stock exchange on which the Senior Notes are listed and that the Trustee considers fair and appropriate. If the Company elects to mail notice of a redemption to Holdersunless otherwise provided herein, the Trustee shall at least 5 business not less than 15 nor more than 60 days prior to the date notice of redemption is to be mailed, (i) select Redemption Date from the outstanding Senior Notes to be redeemed from Senior Notes outstanding not previously called for redemption and (ii) or purchase. The Trustee shall promptly notify the Company Issuers in writing of the names Senior Notes selected for redemption or purchase and, in the case of each Holder any Senior Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Senior Notes and portions of Senior Notes selected for redemption, the principal amount of Senior Notes held by each such Holder and the principal amount of such Holder's Senior Notes that are to shall be redeemed. If less than all Senxxx Xxtes tendered pursuant to an Offer on the Purchase Date are to be accepted for payment, the Trustee shall select on or promptly after the Purchase Date the Senior Notes to be accepted for payment. The Trustee shall select for redemption or purchase Senior Notes or portions of Senior Notes in principal amounts of $1,000 or integral whole multiples of $1,0001,000 in excess thereof; no Senior Notes of $2,000 or less can be redeemed or repurchased in part, except that if all of the Senior Notes of a Holder are selected for redemption to be redeemed or purchasepurchased, the aggregate principal entire outstanding amount of the Senior Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed or purchased. Except as provided in the preceding sentence, provisions of this Indenture that apply to the Senior Notes called for redemption or tendered pursuant to an Offer purchase also apply to portions of Senior Notes called for redemption or tendered pursuant to an Offer. The Trustee shall notify the Company promptly of the Senior Notes or portions of Senior Notes to be called for redemption or selected for purchase.

SELECTION OF SENIOR NOTES TO BE REDEEMED OR PURCHASED. (a) If less than all outstanding of the Senior Cash Pay Notes or the Senior Toggle Notes, as the case may be, are to be redeemed or if less than all Senior Notes tendered pursuant purchased in an offer to an Offer are to be accepted for paymentpurchase at any time, the Trustee shall select the outstanding Senior Notes of such series to be redeemed or accepted for payment pro ratapurchased (a) if the Senior Notes are listed on any national securities exchange, by lot or by a method that complies in compliance with the requirements of any stock the principal national securities exchange on which the Senior Notes are listed and that listed, (b) on a pro rata basis to the Trustee considers fair and appropriateextent practicable or (c) by lot or such similar method in accordance with the procedures of DTC. If In the Company elects to mail notice event of a partial redemption to Holdersor purchase by lot, the Trustee shall at least 5 business days prior to the date notice of redemption is to be mailed, (i) select the particular Senior Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the Redemption Date by the Trustee from the outstanding Senior Notes outstanding not previously called for redemption and (ii) or purchase. The Trustee shall promptly notify the Company Issuer in writing of the names Senior Notes selected for redemption or purchase and, in the case of each Holder any Senior Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Senior Notes and portions of Senior Notes selected for redemption, the principal amount of Senior Notes held by each such Holder and the principal amount of such Holder's Senior Notes that are to shall be redeemed. If less than all Senxxx Xxtes tendered pursuant to an Offer on the Purchase Date are to be accepted for payment, the Trustee shall select on or promptly after the Purchase Date the Senior Notes to be accepted for payment. The Trustee shall select for redemption or purchase Senior Notes or portions of Senior Notes in principal amounts of $1,000 2,000 or integral whole multiples of $1,0001,000 in excess thereof; no Senior Notes of $2,000 or less can be redeemed in part, except that if all of the Senior Notes of a Holder are selected for redemption to be redeemed or purchasepurchased, the aggregate principal entire outstanding amount of the Senior Notes held by such Holder, even if not $2,000 or a multiple of $1,0001,000 in excess thereof, shall be redeemed or purchased. Except as provided in the preceding sentence, provisions of this Indenture that apply to Senior Notes called for redemption or tendered pursuant to an Offer purchase also apply to portions of Senior Notes called for redemption or tendered pursuant to an Offer. The Trustee shall notify the Company promptly of the Senior Notes or portions of Senior Notes to be called for redemption or selected for purchase.

SELECTION OF SENIOR NOTES TO BE REDEEMED OR PURCHASED. If less than all outstanding of the Senior Fixed Rate Notes or the Senior PIK Election Notes, as the case may be, are to be redeemed or if less than all Senior Notes tendered pursuant purchased in an offer to an Offer are to be accepted for paymentpurchase at any time, the Trustee shall select the outstanding Senior Notes of such series to be redeemed or purchased (a) if the Senior Notes of such series are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which such Senior Notes are listed or (b) if the Senior Notes are not so listed, on a pro rata basis or, to the extent that selection on a pro rata basis is not practicable, by lot or by such other method the Trustee shall deem fair and appropriate, and in any such case in accordance with the procedures of DTC. In the event of partial redemption or purchase by lot, the particular Senior Notes to be redeemed or accepted for payment pro ratapurchased shall be selected, by lot or by a method that complies with the requirements of any stock exchange on which the Senior Notes are listed and that the Trustee considers fair and appropriate. If the Company elects to mail notice of a redemption to Holdersunless otherwise provided herein, the Trustee shall at least 5 business not less than 30 nor more than 60 days prior to the date notice of redemption is to be mailed, (i) select Redemption Date by the Trustee from the outstanding Senior Notes to be redeemed from Senior Notes outstanding not previously called for redemption and (ii) or purchase. The Trustee shall promptly notify the Company in writing of the names Senior Notes selected for redemption or purchase and, in the case of each Holder any Senior Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Senior Notes and portions of Senior Notes selected for redemption, the principal amount of Senior Notes held by each such Holder and the principal amount of such Holder's Senior Notes that are to shall be redeemed. If less than all Senxxx Xxtes tendered pursuant to an Offer on the Purchase Date are to be accepted for payment, the Trustee shall select on or promptly after the Purchase Date the Senior Notes to be accepted for payment. The Trustee shall select for redemption or purchase Senior Notes or portions of Senior Notes in principal amounts of $1,000 2,000 or integral whole multiples of $1,0001,000 in excess thereof; no Senior Notes of $2,000 or less can be redeemed in part, except that if all of the Senior Notes of a Holder are selected for redemption to be redeemed or purchasepurchased, the aggregate principal entire outstanding amount of the Senior Notes held by such Holder, even if not a multiple of $1,0002,000, shall be redeemed or purchased. Except as provided in the preceding sentence, provisions of this Indenture that apply to Senior Notes called for redemption or tendered pursuant to an Offer purchase also apply to portions of Senior Notes called for redemption or tendered pursuant to an Offer. The Trustee shall notify the Company promptly of the Senior Notes or portions of Senior Notes to be called for redemption or selected for purchase.

SELECTION OF SENIOR NOTES TO BE REDEEMED OR PURCHASED. If less than all outstanding Senior Notes are to be redeemed or if less than all Senior Notes tendered pursuant to an Offer are to be accepted for payment, the Trustee shall select the outstanding Senior Notes to be redeemed or accepted for payment pro rata, by lot or by a method that complies with the requirements of any stock exchange on which the Senior Notes are listed and that the Trustee considers fair and appropriate. If the Company elects to mail notice of a redemption to Holders, the Trustee shall at least 5 business days prior to the date notice of redemption is to be mailed, (i) select the Senior Notes to be redeemed from Senior Notes outstanding not previously called for redemption and (ii) notify the Company of the names of each Holder of Senior Notes selected for redemption, the principal amount of Senior Notes held by each such Holder and the principal amount of such Holder's Senior Notes that are to be redeemed. If less than all Senxxx Xxtes Senior Notes tendered pursuant to an Offer on the Purchase Date are to be accepted for paymentpay ment, the Trustee shall select on or promptly after the Purchase Date the Senior Notes to be accepted for payment. The Trustee shall select for redemption or purchase Senior Notes or portions of Senior Notes in principal amounts of $1,000 or integral multiples of $1,000; except that if all of the Senior Notes of a Holder are selected for redemption or purchase, the aggregate principal amount of the Senior Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed or purchased. Except as provided in the preceding sentence, provisions of this Indenture that apply to Senior Notes called for redemption or tendered pursuant to an Offer offer also apply to portions of Senior Notes called for redemption or tendered pursuant to an Offer. The Trustee shall notify the Company promptly of the Senior Notes or portions of Senior Notes to be called for redemption or selected for purchase.