Special Tax Redemption. The Issuer is entitled to redeem the Notes, at its option, in whole but not in part, upon not less than 30 nor more than 60 days’ notice, at 100% of the principal amount of the Notes, plus accrued and unpaid interest (if any) to the date of redemption (subject to the right of Holders of record on the relevant record date to receive interest due on the relevant interest payment date), in the event the Issuer has become or would become obligated to pay, on the next date on which any amount would be payable with respect to the Notes, any additional amounts as a result of: (a) a change in or an amendment to the laws, treaties or regulations of any Relevant Taxing Jurisdiction; or (b) any change in or amendment to any official position regarding the application, administration or interpretation of such laws, treaties or regulations (including by virtue of a holding, judgment or order by a court of competent jurisdiction); which change or amendment to such laws, treaties, regulations or official position is announced and becomes effective after the issuance of the Notes (or, if the applicable Relevant Taxing Jurisdiction did not become a Relevant Taxing Jurisdiction until a later date, after such later date); provided that the Issuer determines, in its reasonable judgment, that the obligation to pay such additional amounts cannot be avoided by the use of reasonable measures available to it; provided, further, that at the time such notice is given, such obligation to pay Additional Amounts remains in effect. Notice of any such redemption must be given within 270 days of the earlier of the announcement or effectiveness of any such change.
Appears in 3 contracts
Samples: Indenture (Fresenius Medical Care AG & Co. KGaA), Indenture (Fresenius Medical Care AG & Co. KGaA), Indenture (Fresenius Medical Care AG & Co. KGaA)
Special Tax Redemption. The Issuer is will be entitled to redeem the Notesthis Note, at its option, in whole but not in part, upon not less than 30 10 nor more than 60 days’ notice, at 100% of the principal amount of the Notesthis Note, plus accrued and unpaid interest (if any) to (but excluding) the date of redemption (subject to the right of Holders holders of record on the relevant record date to receive interest due on the relevant interest payment date), in the event the Issuer has become or would become obligated to pay, on the next date on which any amount would be payable with respect to the Notes, any additional amounts Additional Amounts as a result of:
(a) a any change in or an amendment to the laws, treaties laws or regulations of any Relevant Taxing Jurisdiction; oror
(b) any change in or amendment to any official position regarding the application, administration or interpretation of such laws, treaties laws or regulations (including by virtue of a holding, judgment or order by a court of competent jurisdiction); which change or amendment to such laws, treaties, regulations or official position is announced and becomes effective after the issuance of the Notes (or, if the applicable Relevant Taxing Jurisdiction did not become a Relevant Taxing Jurisdiction until a later date, after such later date); provided provided, that the Issuer determines, in its reasonable judgment, that the obligation to pay such additional amounts Additional Amounts cannot be avoided by the use of reasonable measures available to it; provided, further, that at the time no such notice is given, such obligation of redemption shall be given earlier than 90 days prior to the earliest date on which the Issuer would be obliged to pay such Additional Amounts remains were a payment in effect. Notice of any such redemption must be given within 270 days respect of the earlier of the announcement or effectiveness of any such changeNotes then due.
Appears in 2 contracts
Samples: Indenture (Fresenius Medical Care AG & Co. KGaA), Indenture (Fresenius Medical Care AG & Co. KGaA)
Special Tax Redemption. The Issuer is will be entitled to redeem the Notes, at its option, in whole but not in part, upon not less than 30 nor more than 60 days’ notice, at 100% of the principal amount of the Notes, plus accrued and unpaid interest (if any) to the date of redemption (subject to the right of Holders holders of record on the relevant record date to receive interest due on the relevant interest payment date), in the event the Issuer has become or would become obligated to pay, on the next date on which any amount would be payable with respect to the Notes, any additional amounts as a result of:
(a) a change in or an amendment to the laws, treaties or regulations of any Relevant Taxing Jurisdiction; or
(b) any change in or amendment to any official position regarding the application, administration or interpretation of such laws, treaties or regulations (including by virtue of a holding, judgment or order by a court of competent jurisdiction); which change or amendment to such laws, treaties, regulations or official position is announced and becomes effective after the issuance of the Notes (or, if the applicable Relevant Taxing Jurisdiction did not become a Relevant Taxing Jurisdiction until a later date, after such later date)Notes; provided that the Issuer determines, in its reasonable judgment, that the obligation to pay such additional amounts cannot be avoided by the use of reasonable measures available to it; provided, further, that at the time such notice is given, such obligation to pay Additional Amounts remains in effect. Notice of any such redemption must be given within 270 days of the earlier of the announcement or effectiveness of any such change.
Appears in 2 contracts
Samples: Indenture (Fresenius Medical Care AG & Co. KGaA), Indenture (Fresenius Medical Care AG & Co. KGaA)
Special Tax Redemption. The Issuer is entitled to redeem the Notes, at its option, in whole but not in part, upon not less than 30 nor more than 60 days’ notice, at 100% of the principal amount of the Notes, plus accrued and unpaid interest (if any) to the date of redemption (subject to the right of Holders of record on the relevant record date to receive interest due on the relevant interest payment date), in the event the Issuer has become or would become obligated to pay, on the next date on which any amount would be payable with respect to the Notes, any additional amounts as a result of:
(a) a change in or an amendment to the laws, treaties treaties, regulations or regulations rulings of any Relevant Taxing Jurisdiction; or
(b) any change in or amendment to any official position regarding the application, administration or interpretation of such laws, treaties treaties, regulations or regulations rulings (including by virtue of a holding, judgment or order by a court of competent jurisdiction); which change or amendment to such laws, treaties, regulations laws or official position is announced and becomes effective after the issuance of the Notes (or, if the applicable Relevant Taxing Jurisdiction did not become a Relevant Taxing Jurisdiction until a later date, after such later date)Notes; provided that the Issuer determines, in its reasonable judgment, that the obligation to pay such additional amounts cannot be avoided by the use of reasonable measures available to it; provided, further, that at the time such notice is given, such obligation to pay Additional Amounts remains in effect. Notice of any such redemption must be given within 270 days of the earlier of the announcement or effectiveness of any such change.
Appears in 2 contracts
Samples: Indenture (Fresenius Medical Care AG & Co. KGaA), Indenture (Fresenius Medical Care AG & Co. KGaA)
Special Tax Redemption. The Issuer is entitled to redeem the Notes, at its option, in whole but not in part, upon not less than 30 nor more than 60 days’ notice, at 100% of the principal amount of the Notes, plus accrued and unpaid interest (if any) to the date of redemption (subject to the right of Holders holders of record on the relevant record date to receive interest due on the relevant interest payment date), in the event the Issuer has become or would become obligated to pay, on the next date on which any amount would be payable with respect to the Notes, any additional amounts as a result of:
(a) a change in or an amendment to the laws, treaties treaties, regulations or regulations rulings of any Relevant Taxing Jurisdiction; or
(b) any change in or amendment to any official position regarding the application, administration or interpretation of such laws, treaties treaties, regulations or regulations rulings (including by virtue of a holding, judgment or order by a court of competent jurisdiction); which change or amendment to such laws, treaties, regulations laws or official position is announced and becomes effective after the issuance of the Notes (or, if the applicable Relevant Taxing Jurisdiction did not become a Relevant Taxing Jurisdiction until a later date, after such later date)Notes; provided that the Issuer determines, in its reasonable judgment, that the obligation to pay such additional amounts cannot be avoided by the use of reasonable measures available to it; provided, further, that at the time such notice is given, such obligation to pay Additional Amounts remains in effect. Notice of any such redemption must be given within 270 days of the earlier of the announcement or effectiveness of any such change.
Appears in 2 contracts
Samples: Indenture (Fresenius Medical Care AG & Co. KGaA), Indenture (Fresenius Medical Care AG & Co. KGaA)
Special Tax Redemption. The Issuer is entitled to redeem the Notes, at its option, in whole but not in part, upon not less than 30 nor more than 60 days’ notice, at 100% of the principal amount of the Notes, plus accrued and unpaid interest (if any) to the date of redemption (subject to the right of Holders of record on the relevant record date to receive interest due on the relevant interest payment date), in the event the Issuer has become or would become obligated to pay, on the next date on which any amount would be payable with respect to the Notes, any additional amounts as a result of:
(a) a change in or an amendment to the laws, treaties or regulations of any Relevant Taxing Jurisdiction; or
(b) any change in or amendment to any official position regarding the application, administration or interpretation of such laws, treaties or regulations (including by virtue of a holding, judgment or order by a court of competent jurisdiction); which change or amendment to such laws, treaties, regulations or official position is announced and becomes effective after the issuance of the Notes (or, if the applicable Relevant Taxing Jurisdiction did not become a Relevant Taxing Jurisdiction until a later date, after such later date); provided that the Issuer determines, in its reasonable judgment, that the obligation to pay such additional amounts cannot be avoided by the use of reasonable measures available to it; provided, further, that at the time such notice is given, such obligation to pay Additional Amounts remains in effect. Notice of any such redemption must be given within 270 days of the earlier later of the announcement or effectiveness of any such change.
Appears in 2 contracts
Samples: Indenture (Fresenius Medical Care AG & Co. KGaA), Indenture (Fresenius Medical Care AG & Co. KGaA)
Special Tax Redemption. The Issuer is entitled to redeem the Notes, at its option, in whole but not in part, upon not less than 30 nor more than 60 days’ notice, at 100% of the principal amount of the Notes, plus accrued and unpaid interest (if any) to the date of redemption (subject to the right of Holders of record on the relevant record date to receive interest due on the relevant interest payment date), in the event the Issuer has become or would become obligated to pay, on the next date on which any amount would be payable with respect to the Notes, any additional amounts as a result of:
(a) a change in or an amendment to the laws, treaties treaties, regulations or regulations rulings of any Relevant Taxing Jurisdiction; or
(b) any change in or amendment to any official position regarding the application, administration or interpretation of such laws, treaties treaties, regulations or regulations rulings (including by virtue of a holding, judgment or order by a court of competent jurisdiction); which change or amendment to such laws, treaties, regulations laws or official position is announced and becomes effective after the issuance of the Notes (or, if the applicable Relevant Taxing Jurisdiction did not become a Relevant Taxing Jurisdiction until a later date, after such later date); provided that the Issuer determines, in its reasonable judgment, that the obligation to pay such additional amounts cannot be avoided by the use of reasonable measures available to it; provided, further, that at the time such notice is given, such obligation to pay Additional Amounts remains in effect. Notice of any such redemption must be given within 270 days of the earlier of the announcement or effectiveness of any such change.
Appears in 1 contract
Special Tax Redemption. The Issuer is will be entitled to redeem the Notesthis Note, at its option, in whole but not in part, upon not less than 30 10 nor more than 60 days’ notice, at 100% of the principal amount of the Notesthis Note, plus accrued and unpaid interest (if any) to (but excluding) the date of redemption (subject to the right of Holders holders of record on the relevant record date to receive interest due on the relevant interest payment date), in the event the Issuer has become or would become obligated to pay, on the next date on which any amount would be payable with respect to the Notes, any additional amounts Additional Amounts as a result of:
(a) a any change in or an amendment to the laws, treaties laws or regulations of any Relevant Taxing Jurisdiction; or
(b) any change in or amendment to any official position regarding the application, administration or interpretation of such laws, treaties laws or regulations (including by virtue of a holding, judgment or order by a court of competent jurisdiction); which change or amendment to such laws, treaties, regulations or official position is announced and becomes effective after the issuance of the Notes (or, if the applicable Relevant Taxing Jurisdiction did not become a Relevant Taxing Jurisdiction until a later date, after such later date); provided provided, that the Issuer determines, in its reasonable judgment, that the obligation to pay such additional amounts Additional Amounts cannot be avoided by the use of reasonable measures available to it; provided, further, that at the time no such notice is given, such obligation of redemption shall be given earlier than 90 days prior to the earliest date on which the Issuer would be obliged to pay such Additional Amounts remains were a payment in effect. Notice of any such redemption must be given within 270 days respect of the earlier of the announcement or effectiveness of any such changeNotes then due.
Appears in 1 contract
Special Tax Redemption. The Issuer is entitled to redeem the Notes, at its option, at any time in whole but not in part, upon not less than 30 nor more than 60 days’ notice, at 100% of the principal amount of the Notes, plus accrued and unpaid interest (if any) to the date of redemption (a “Tax Redemption Date”) (subject to the right of Holders of record on the relevant record date to receive interest due on the relevant interest payment date), in the event the Issuer has become or would become obligated to pay, on the next date on which any amount would be payable with respect to the Notes, any additional amounts as a result of:
(a) a change in or an amendment to the laws, treaties treaties, regulations or regulations rulings of any Relevant Taxing Jurisdiction; or
(b) any change in or amendment to any official position regarding the application, administration or interpretation of such laws, treaties treaties, regulations or regulations rulings (including by virtue of a holding, judgment or order by a court of competent jurisdiction); which change or amendment to such laws, treaties, regulations laws or official position is announced and becomes effective on or after the date of issuance of the Notes (or, if the applicable Relevant Taxing Jurisdiction did not become a Relevant Taxing Jurisdiction until a later date, after such later date)Notes; provided that the Issuer determines, in its reasonable judgment, that the obligation to pay such additional amounts cannot be avoided by the use of reasonable measures available to it; provided, further, that at the time such notice is given, such obligation to pay Additional Amounts remains in effect. Notice of any such redemption must be given within 270 days of the earlier of the announcement or effectiveness of any such change.
Appears in 1 contract
Special Tax Redemption. The Issuer is will be entitled to redeem the Notesthis Note, at its option, in whole but not in part, upon not less than 30 10 nor more than 60 days’ notice, at 100% of the principal amount of the Notesthis Note, plus accrued and unpaid interest (if any) to the date of redemption (subject to the right of Holders holders of record on the relevant record date to receive interest due on the relevant interest payment date), in the event the Issuer has become or would become obligated to pay, on the next date on which any amount would be payable with respect to the Notes, any additional amounts Additional Amounts as a result of:
(a) a change in or an amendment to the laws, treaties or regulations of any Relevant Taxing Jurisdiction; or
(b) any change in or amendment to any official position regarding the application, administration or interpretation of such laws, treaties or regulations (including by virtue of a holding, judgment or order by a court of competent jurisdiction); which change or amendment to such laws, treaties, regulations or official position is announced and becomes effective after the issuance of the Notes (or, if the applicable Relevant Taxing Jurisdiction did not become a Relevant Taxing Jurisdiction until a later date, after such later date); provided provided, that the Issuer determines, in its reasonable judgment, that the obligation to pay such additional amounts Additional Amounts cannot be avoided by the use of reasonable measures available to it; provided, further, that at the time such notice is given, such obligation to pay Additional Amounts remains re-mains in effect. Notice of any such redemption must be given within 270 days of the earlier later of the announcement or effectiveness of any such change.
Appears in 1 contract