Special Redemption. Principal payments on the Secured Notes shall be made in part in accordance with the Priority of Payments on any Payment Date (i) during the Reinvestment Period, if the Collateral Manager in its sole discretion notifies the Trustee at least five (5) Business Days prior to the applicable Special Redemption Date that it has been unable, for a period of at least twenty (20) consecutive Business Days, to identify additional Collateral Obligations that are deemed appropriate by the Collateral Manager in its sole discretion and which would satisfy the Investment Criteria in sufficient amounts to permit the investment or reinvestment of all or a portion of the funds then in the Collection Account that are to be invested in additional Collateral Obligations or (ii) after the Effective Date, if the Collateral Manager notifies the Trustee that a redemption is required pursuant to Section 7.18 in order to (A) satisfy the Effective Date S&P Conditions or (B) obtain from S&P its written confirmation of its Initial Ratings of the Secured Notes (each of (i) and (ii), a “Special Redemption”). On the first Payment Date following the Collection Period in which such notice is given (a “Special Redemption Date”), the amount in the Collection Account representing, as applicable, either (i) Principal Proceeds which the Collateral Manager has determined cannot be reinvested in additional Collateral Obligations will be applied as described in Section 11.1(a)(ii)(E), or (ii) Interest Proceeds and Principal Proceeds available therefor will be applied to pay principal of the Secured Notes in accordance with the Note Payment Sequence as described in Section 11.1(a)(i)(F) and Section 11.1(a)(ii)(C) (but in the case of this clause (ii), only to the extent that the Collateral Manager does not direct that the Interest Proceeds and Principal Proceeds be allocated to the purchase of additional Collateral Obligations) until the Issuer obtains written confirmation from S&P of the Initial Ratings of the Secured Notes or the Effective Date S&P Conditions have been satisfied (the applicable amount payable under clause (i) or (ii), the “Special Redemption Amount”) will be applied in accordance with the Priority of Payments. Notice of a Special Redemption shall be given by the Trustee not less than three (3) Business Days prior to the applicable Special Redemption Date (x) by email transmission, if available, and otherwise by facsimile, if available, or (y) by first class mail, postage prepaid, t...
Special Redemption. (a) If (i) the Escrow Release Conditions are not satisfied on or before the date that is 180 days after the Issue Date (such date, the “Repayment Deadline”), or (ii) prior to the Repayment Deadline, the Company determines that it will not be able for any reason to satisfy the Escrow Release Conditions on or before the Repayment Deadline, the Company will be required to redeem, in whole but not in part, all of the outstanding Notes in cash at a redemption price (the “Special Redemption Price”) of 98.000% of the aggregate principal amount of the Notes, plus accrued and unpaid interest, if any, on the Notes to, but not including, the date of redemption, subject to the rights of Holders of Notes on the relevant Record Date to receive interest due on the relevant Interest Payment Date.
(b) The Company will promptly (but in no event later than the Repayment Deadline) notify the Trustee and Escrow Agent in writing if the Escrow Release Conditions are not satisfied, or in the event the Company determines that it will not be able for any reason to satisfy the Escrow Release Conditions, on or before the Repayment Deadline, and include in such notice all of the information required under Section 3.03(b), and the Trustee will, no later than five business days following receipt of such notice from the Company (such date of notification to the Holders, the “Special Redemption Notice Date”), notify the Holders and the Escrow Agent that the Notes will be redeemed at the Special Redemption Price on the date selected by the Company in the notice to the Trustee (which shall be no less than 15 days and no more than 30 days following the Special Redemption Notice Date (such date, the “Special Redemption Date”)). All of the outstanding Notes will be redeemed at the Special Redemption Price on the Special Redemption Date automatically and without any further action by the Holders of the Notes.
(c) At or prior to 12:00 p.m. Eastern Time on the business day immediately preceding the Special Redemption Date, the Company shall irrevocably deposit with the Trustee funds sufficient, together with the net proceeds from the offering of the Notes held in the Escrow Account (which the Escrow Agent shall deliver to the Trustee), to pay the Special Redemption Price for the Notes, together with accrued and unpaid interest, if any, on the Notes to, but not including, the Special Redemption Date.
(d) If the Company or holders of more than 25% in aggregate principal amount of the then outstandi...
Special Redemption. The Securities will be subject to redemption at the option of the Company if the Distribution has not occurred on or prior to March 31, 2013 or if the Board of Directors of the Guarantor determines that the Distribution Date will not occur by March 31, 2013. The Company may elect to redeem the Securities by issuing a special redemption notice on or prior to June 30, 2013. The Special Redemption Notice will specify a redemption date for the notes (the “Special Redemption Date”), which will be no earlier than 10 days and no later than 30 days after the date of the Special Redemption Notice. In connection with such redemption, the Securities will be redeemable at a redemption price equal to 101% of the principal amount of the Securities being redeemed, plus accrued and unpaid interest, if any, thereon to the Special Redemption Date. If the giving of the Special Redemption Notice is completed as provided in the Indenture, interest on such Securities or portions of Securities shall cease to accrue on and after the Special Redemption Date, unless the Company shall default in the payment of any such redemption price and accrued interest with respect to any such Security or portion thereof.
Special Redemption. At any time or from time to time, in the event the Company completes one or more Equity Offerings on or before April 15, 2006, the Company may, at its option, use the net cash proceeds from any such Equity Offerings to redeem up to 35% of the principal amount of the Notes (a "Special Redemption") at a Redemption Price of 112.750% of the principal amount thereof, together with accrued and unpaid interest and Additional Interest, if any, to the Redemption Date, provided, however, that (1) at least 65% of the original principal amount of the Notes issued hereunder remains outstanding immediately after each such Special Redemption; and (2) such Special Redemption shall occur not more than 120 days after the date of the closing of the applicable Equity Offering. Any redemption pursuant to this Section 3.8 shall be made pursuant to the provisions of Sections 3.1 through 3.6.
Special Redemption. At the sole option of the Partnership and provided that the holder of a Series 1 Preferred Unit has not given a Series 1 Preferred Unit Conversion Notice as set forth in Section 4.13(c)(i), the Partnership may redeem and cancel the Series 1 Preferred Units of such holder, in whole or in part, at a price equal to the Series 1 Preferred Unit Price plus any accrued, accumulated and unpaid distributions (such accrued, accumulated and unpaid distributions shall include a partial distribution for the calendar quarter in which such redemption occurs equal to the product of (y) any distribution that would be payable to the holder of such Series 1 Preferred Units if such Series 1 Preferred Units were Outstanding on the Record Date for determining who would receive any distribution for such calendar quarter (calculated as of the Series 1 Preferred Unit Redemption Date) and (z) (I) the number of days commencing on the first day of such calendar quarter and ending on the Series 1 Preferred Unit Redemption Date divided by (II) 90), including any Cumulative Series 1 Preferred Unit Arrearage and the Payment Deferral Pro Rata, in cash, upon any of the following events:
(A) After the Series 1 Preferred Unit Issuance Date, the Partnership (1) incurs Indebtedness or any of its Subsidiaries incurs Indebtedness and (2) issues Units, or classes or series thereof, or options, rights, warrants or appreciation rights relating thereto or any other type of equity security or sells or otherwise monetizes its or its Subsidiaries assets (including any securities held by the Partnership or its Subsidiaries) (“Equity Issuances”) and uses the proceeds of such Indebtedness and Equity Issuances, after deducting any reasonable underwriting discounts or placement agent fees, commissions or the expenses allowed, paid or incurred by the Partnership or its Subsidiaries for any underwriting or placement agent or otherwise in connection with the issuance and sale thereof, in equal amounts, in whole or in part, to redeem and cancel such Series 1 Preferred Units;
(B) A change occurs in the Code or Treasury Regulations resulting in a material, negative impact to the tax treatment to the Partnership of the Series 1 Preferred Units on the Series 1 Preferred Unit Issuance Date; or
(C) A Rating Agency Event occurs.
Special Redemption. Notwithstanding the foregoing, in the event that (i) in the sole judgment of the Company, the Acquisition will not be consummated by March 11, 2003, then the Company may redeem the Securities, in whole but not in part, at its sole option on or prior to March 11, 2003, upon one Business Day's notice, at a redemption price (the "Special Redemption Price") in cash equal to 100% of the issue price of the Securities plus accrued and unpaid interest to the Special Redemption Date or (ii) the Acquisition has not been consummated on or prior to March 10, 2003, then the Company shall mandatorily redeem all the Securities on March 11, 2003, at the Special Redemption Price. The "Special Redemption Date" means the earlier of (a) the date that the Company elects to redeem all the Securities if, in the sole judgment of the Company, the Acquisition will not be consummated prior to March 11, 2003, or (b) March 11, 2003, if the Acquisition is not consummated on or prior to March 10, 2003 (either redemption, a "Special Redemption").
Special Redemption. The Company may redeem the Notes at any time prior to the Maturity Date, including prior to July 1, 2025, in whole, but not in part, subject to obtaining the prior approval of the Federal Reserve to the extent such approval is then required under the rules of the Federal Reserve, upon the occurrence of (i) a “Tax Event” (as defined under “Description of Subordinated Notes — Redemption” in the prospectus supplement), (ii) a “Tier 2 Capital Event” (as defined under “Description of Subordinated Notes — Redemption” in the prospectus supplement), or (iii) the Company becoming required to register as an investment company under the Investment Company Act of 1940, as amended, in each case, at a redemption price equal to 100% of the principal amount of the Notes, plus any accrued and unpaid interest to, but excluding, the redemption date.
Special Redemption. In the event the Company completes one or more Public Equity Offerings on or before February 15, 2006, the Company, at its option, may use the net cash proceeds from any such Public Equity Offering to redeem up to 35% of the original principal amount of the Notes (a "Special Redemption") at a Redemption Price of 111% of the principal amount, together with accrued and unpaid interest, if any, to the date of redemption; provided, however, that at least 65% of the original principal amount of the Notes will remain outstanding immediately after any such redemption; and provided, further, that such redemption shall occur within 90 days after the date of the closing of any such Public Equity Offering. If less than all the Notes are to be redeemed, the Trustee will select the particular Notes or portions thereof to be redeemed either:
(1) in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed; or (2) by lot, only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to DTC procedures).
Special Redemption. The Company may redeem the Notes, in whole but not in part, at any time, including prior to March 30, 2027, subject to obtaining the prior approval of the Federal Reserve to the extent such approval is then required under the rules of the Federal Reserve, if (i) a change or prospective change in law occurs that could prevent the Company from deducting interest payable on the Notes for U.S. federal income tax purposes, (ii) a subsequent event occurs that could preclude the Notes from being recognized as Tier 2 Capital for regulatory capital purposes, or (iii) the Company is required to register as an investment company under the Investment Company Act of 1940, as amended, in each case, at a redemption price equal to 100% of the principal amount of the Notes plus any accrued and unpaid interest to but excluding the redemption date.
Special Redemption. In the event the Company completes one or more Equity Offerings on or before June 1, 2006, the Company, at its option, may use the net cash proceeds from any such Equity Offering to redeem up to 35% of the original principal amount of the Notes issued under the Indenture (a "Special Redemption") at a Redemption Price of 111.250% of the principal amount, together with accrued and unpaid interest and Additional Interest, if any, to the date of redemption; provided that (a) at least 65% of the principal amount of the Notes remains outstanding immediately after any such redemption and (b) such redemption shall occur not more than 90 days after the date of the closing of any such Equity Offering. If less than all the Notes are to be redeemed, the Trustee will select the particular Notes or portions thereof to be redeemed only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to DTC procedures).
