Special Mandatory Redemption. (a) If the Company does not consummate the Merger on or prior to June 17, 2020 (the “Outside Date”), or if, prior to the Outside Date, the Company notifies the Trustee in writing that the Merger Agreement is terminated or that in the Company’s reasonable judgment the Merger will not be consummated on or prior to the Outside Date (each, a “Special Mandatory Redemption Event”), the Company shall redeem the Notes in whole but not in part at a special mandatory redemption price (the “Special Mandatory Redemption Price”) equal to 101% of the aggregate principal amount of the Notes, plus accrued and unpaid interest, if any, to, but excluding, the Special Mandatory Redemption Date (as defined below) (subject to the right of Holders of record on the relevant Regular Record Date to receive interest due on any Interest Payment Date that is on or prior to the Special Mandatory Redemption Date), in accordance with the applicable provisions set forth herein and in Article 10 of the Base Indenture.
(b) Upon the occurrence of a Special Mandatory Redemption Event, the Company shall promptly (but in no event later than 10 Business Days following such Special Mandatory Redemption Event) notify (such notice to include the Officers’ Certificate required by Section 10.2 of the Base Indenture) the Trustee in writing of such event, and the Trustee shall, no later than 5 Business Days following receipt of such notice from the Company, notify the Holders of Notes (such date of notification to the Holders, the “Special Mandatory Redemption Notice Date”) that all of the Notes outstanding will be redeemed on the 3rd Business Day following the Special Mandatory Redemption Notice Date (such date, the “Special Mandatory Redemption Date”) automatically and without any further action by the Holders of Notes, in each case in accordance with the applicable provisions set forth herein and in Article 10 of the Base Indenture, the form of such notice to the Holders of the Notes to be included in such notice to the Trustee. At or prior to 12:00 p.m., New York City time, on the Business Day immediately preceding the Special Mandatory Redemption Date, the Company shall deposit with the Trustee funds sufficient to pay the Special Mandatory Redemption Price for the Notes. If such deposit is made as provided above, the Notes will cease to bear interest on and after the Special Mandatory Redemption Date.
Special Mandatory Redemption. If (i) the Escrow Agent has not received the Officer’s Certificate described under Section 14.01 on or prior to the Outside Date or (ii) the Escrow Issuer notifies the Escrow Agent in writing that in its reasonable judgment the Spin-Off will not be consummated on or prior to the Outside Date, then the Escrow Agent shall release the Escrowed Property (including investment earnings thereon and proceeds thereof) to the Trustee, on the third Business Day succeeding (a) the Outside Date (in the case of clause (i)) or (b) the date of such notice (in the case of clause (ii)), as the case may be (such third Business Day, the “Special Mandatory Redemption Date”), and the Trustee shall pay the amounts to the Paying Agent for payment to the Holders of the Notes (the “Special Mandatory Redemption”) at a redemption price calculated by Issuer (the “Special Mandatory Redemption Price”) equal to 100% of the initial issue price of the Notes, plus accrued and unpaid interest from the Issue Date to, but excluding, the Special Mandatory Redemption Date. On the Special Mandatory Redemption Date, the Trustee will pay to the Escrow Issuer any Escrowed Property (including investment earnings thereon and proceeds thereof) in excess of the amount necessary to effect the Special Mandatory Redemption of such Notes on the Special Mandatory Redemption Date.
Special Mandatory Redemption. If a Special Mandatory Redemption of the Notes is to occur pursuant to Section 3.02 hereof, the Escrow Agent will cause the liquidation of all Escrowed Property then held by it and cause the release of the proceeds of such liquidated Escrowed Property to the Trustee in accordance with the terms of the Escrow Agreement. The Trustee shall apply such proceeds to the payment of the Special Mandatory Redemption Price, as set forth in Section 3.02 hereof.
Special Mandatory Redemption. The Notes are subject to Special Mandatory Redemption as described in Section 3.03 of the Supplemental Indenture.
Special Mandatory Redemption. (a) If, for any reason, the acquisition of Electric Lightwave is not completed on or prior to May 29, 2017 (the “Outside Date”), the Issuers will be required to redeem the Notes on the date which is 20 Business Days after the Outside Date (the “Special Mandatory Redemption Date”) at a redemption price equal to the offering price of the Notes, plus accrued and unpaid interest thereon to, but excluding, the Special Mandatory Redemption Date (the “Special Mandatory Redemption Price”); provided, however, that if the Acquisition Agreement is terminated in accordance with its terms, the Outside Date shall be the date the Acquisition Agreement is terminated.
(b) Notice of Special Mandatory Redemption will be delivered, with a copy to the Trustee, promptly after the occurrence of the Outside Date to each Holder of Notes in accordance with Section 3.03 (except that such notice shall be transmitted no later than ten (10) Business Days prior to the Outside Date). If funds sufficient to pay the Special Mandatory Redemption Price of all of the Notes to be redeemed on the Special Mandatory Redemption Date are deposited with the Paying Agent, on or before such Special Mandatory Redemption Date, on and after such Special Mandatory Redemption Date, such Notes will cease to bear interest and, other than the right to receive the Special Mandatory Redemption Price, all rights under the Notes shall terminate.
Special Mandatory Redemption. (a) If, for any reason, (1) the Acquisition has not been consummated on or prior to the Outside Date or (2) the Acquisition Agreement is terminated prior to the Outside Date, then the Company will redeem all of the Notes on the Special Mandatory Redemption Date at the Special Mandatory Redemption Price.
(b) The Company will cause notice of a special mandatory redemption to be mailed or electronically delivered according to the procedure of the Depository Trust Company, with a copy to the Trustee, promptly after the occurrence of the event triggering redemption to each Holder of Notes in accordance with the Indenture; provided that notice to each Holder of Notes of such redemption may be given less than 30 days prior to the Special Mandatory Redemption Date but in any event not less than 4 business days prior to the Special Mandatory Redemption Date. If funds sufficient to pay the Special Mandatory Redemption Price on the Special Mandatory Redemption Date are deposited with the Trustee on or before such Special Mandatory Redemption Date, the Notes will cease to bear interest on and after the Special Mandatory Redemption Date and, other than the right to receive the Special Mandatory Redemption Price, all rights under the Notes will terminate.
(c) For purposes of this Paragraph 8, the following definitions apply:
Special Mandatory Redemption. If, for any reason, the Company's proposed acquisition of Sxxxxx'x-Xxxxx, Inc. (the "Sxxxxx'x-Xxxxx Acquisition") is not consummated on or prior to the Special Redemption Deadline or, if prior to the Special Redemption Deadline, the Merger Agreement is terminated in accordance with its terms, the Company shall redeem all of the Securities of this series on the Special Redemption Date at the Special Redemption Price.
Special Mandatory Redemption. The Bonds are also subject to Special Mandatory Redemption as set forth in Section 5.1(b) hereof.
Special Mandatory Redemption. The Company will be required to redeem this Note as and to the extent set forth in (and only in the circumstances described in) Section 4.03 of the Supplemental Indenture.
Special Mandatory Redemption. In the event the Transactions are not consummated on or prior to the 75th day after the Issue Date or the Merger Agreement is terminated at any time prior thereto, the Company shall redeem the Securities at a redemption price equal to 100% of the accreted value thereof on the redemption date (calculated for the period from the Issue Date to such redemption date based on the straight line method over the life of the Securities), plus accrued and unpaid interest to the redemption date (subject to the right of Holders of record on the relevant record date to receive interest due on the related interest payment date). The Company shall be entitled to receive a credit against the accreted value of the Securities required to be redeemed pursuant to this paragraph equal to the accreted value on such redemption date (excluding premium) of any Securities that the Company has acquired or redeemed other than pursuant to this paragraph and has delivered to the Trustee for cancellation. The Company shall be entitled to receive the credit only once for any Security. The Company shall cause the notice of the special mandatory redemption to be mailed no later than the next Business Day following the 75th day after the Issue Date or following the date the Merger Agreement is terminated, as applicable, and shall redeem the Securities three Business Days following the date of notice of redemption.
