Notice of Redemption; Selection of Debt Securities. In case the Company shall desire to exercise the right to redeem all or, as the case may be, any part of the Debt Securities of any series in accordance with their terms, by resolution of the Board of Trustees or a supplemental Indenture, the Company shall fix a date for redemption and shall give notice of such redemption at least 30 and not more than 60 days prior to the date fixed for redemption to the Holders of Debt Securities of such series so to be redeemed as a whole or in part, in the manner provided in Section 13.03. The notice if given in the manner herein provided shall be conclusively presumed to have been duly given, whether or not the Holder receives such notice. In any case, failure to give such notice or any defect in the notice to the Holder of any Debt Security of a series designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Debt Security of such series. Each such notice of redemption shall specify (i) the date fixed for redemption, (ii) the redemption price at which Debt Securities of such series are to be redeemed (or the method of calculating such redemption price), (iii) the Place or Places of Payment that payment will be made upon presentation and surrender of such Debt Securities, (iv) that any interest accrued to the date fixed for redemption will be paid as specified in said notice, (v) that the redemption is for a sinking fund payment (if applicable), (vi) that, unless otherwise specified in such notice, if the Company defaults in making such redemption payment, the paying agent is prohibited from making such payment pursuant to the terms of this Indenture, (vii) that on and after said date any interest thereon or on the portions thereof to be redeemed will cease to accrue, (viii) that in the case of Original Issue Discount Securities original issue discount accrued after the date fixed for redemption will cease to accrue, (ix) the terms of the Debt Securities of that series pursuant to which the Debt Securities of that series are being redeemed and (x) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Debt Securities of that series. If less than all the Debt Securities of a series are to be redeemed the notice of redemption shall specify the certificate numbers of any Debt Securities of that series to be redeemed that are not in global form. In case any Debt Security of a...
Notice of Redemption; Selection of Debt Securities. In case the Company shall desire to exercise the right to redeem all, or, as the case may be, any part of the Debt Securities, it shall fix a date for redemption and shall mail a notice of such redemption at least 30 and not more than 60 days prior to the date fixed for redemption to the holders of Debt Securities so to be redeemed as a whole or in part at their last addresses as the same appear on the Debt Security Register. Such mailing shall be by first class mail. The notice if mailed in the manner herein provided shall be conclusively presumed to have been duly given, whether or not the holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice to the holder of any Debt Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Debt Security. The Debt Securities may be called for redemption only as to all of the Debt Securities, or portions thereof (in integral multiples of $1,000) pro rata among all Securityholders based upon the aggregate amount of Debt Securities held by each Securityholder. Each such notice of redemption shall specify the CUSIP number, if any, of the Debt Securities to be redeemed, the date fixed for redemption, the redemption price at which Debt Securities are to be redeemed, the place or places of payment, that payment, in the case of certificated Debt Securities, will be made upon presentation and surrender of such certificated Debt Securities (unless presentation and surrender is waived by the Company), that interest accrued to the date fixed for redemption will be paid as specified in said notice, and that on and after said date interest thereon or on the portions thereof to be redeemed will cease to accrue. If less than all the Debt Securities are to be redeemed the notice of redemption shall specify the numbers of the Debt Securities to be redeemed. In case the Debt Securities are to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, and, in the case of a certificated Debt Security, only upon surrender of such certificated Debt Security, a new Debt Security or Debt Securities in principal amount equal to the unredeemed portion thereof will be issued. Prior to 10:00 a.m. North Carolina time on the Redemption Date or the Special Redemption Date specified in the notice ...
Notice of Redemption; Selection of Debt Securities. In case the Company shall desire to exercise the right to redeem all or, as the case may be, any part of the Debt Securities of any series in accordance with their terms, a resolution of the Board of Directors of the Company or a supplemental Indenture, the Company shall fix a date for redemption and shall give notice of such redemption at least 30 and not more than 60 days prior to the date fixed for redemption to the Holders of Debt Securities of such series so to be redeemed as a whole or in part, in the manner provided in Section 13.03. The notice if given in the manner herein provided shall be conclusively presumed to have been duly given, whether or not the Holder receives such notice. In any case, failure to give such notice or any defect in the notice to the Holder of any Debt Security of a series designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Debt Security of such series. Each such notice of redemption shall specify
Notice of Redemption; Selection of Debt Securities. In case the Company shall desire to exercise the right to redeem all, or, as the case may be, any part of the Debt Securities of any series in accordance with their terms, it shall fix a date for redemption and shall mail a notice of such redemption at least 30 and not more than 60 days prior to the date fixed for redemption to the Holders of Debt Securities of such series to be so redeemed as a whole or in part at their last addresses as the same appear on the Security Register. Such mailing shall be by first class mail. The notice if mailed in the manner herein provided shall be conclusively presumed to have been duly given, whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice to the Holder of any Debt Security of any series designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Debt Security of such series. Each such notice of redemption shall specify the CUSIP number of the Debt Securities of such series to be redeemed, the date fixed for redemption, the redemption price at which the Debt Securities of such series are to be redeemed (or the method by
Notice of Redemption; Selection of Debt Securities. 31 Section 3.04. Payment of Debt Securities Called for Redemption...........33 Section 3.05.
Notice of Redemption; Selection of Debt Securities. 20 SECTION 4.03. Payment of Debt Securities Called for Redemption 20 SECTION 4.04. Optional Redemption For Tax Reasons 21 ARTICLE FIVE PARTICULAR COVENANTS OF THE COMPANY AND CXXXXX PARENT SECTION 5.01. Payment of Principal, Premium and Interest 22 SECTION 5.02. Office for Notices and Payments, Etc. 22 SECTION 5.03. Appointments to Fill Vacancies in Trustee’s Office 22 SECTION 5.04. Provision as to Paying Agent 22 Page SECTION 5.05. Secured Indebtedness of Cxxxxx Parent and Restricted Subsidiaries 23 SECTION 5.06. Sale and Leaseback Transactions 25 SECTION 5.07. Waiver of Covenants 26 SECTION 5.08. Certificate to Trustee 26 SECTION 5.09. Payment of Additional Amounts 26 ARTICLE SIX DEBT SECURITYHOLDERS’ LISTS AND REPORTS BY THE COMPANY AND THE TRUSTEE SECTION 6.01. Debt Securityholders’ Lists 28 SECTION 6.02. Preservation and Disclosure of Lists 28 SECTION 6.03. Reports by the Company or Cxxxxx Parent 28 SECTION 6.04. Reports by the Trustee 29 ARTICLE SEVEN REMEDIES OF THE TRUSTEE AND DEBT SECURITYHOLDERS ON EVENT OF DEFAULT SECTION 7.01. Events of Default 29 SECTION 7.02. Payment of Applicable Debt Securities on Default; Suit Therefor 32 SECTION 7.03. Application of Money Collected by Trustee 34 SECTION 7.04. Proceedings by Debt Securityholders 34 SECTION 7.05. Proceeding by Trustee 35 SECTION 7.06. Remedies Cumulative and Continuing 35 SECTION 7.07. Direction of Proceedings and Waiver of Defaults by Majority of Debt Securityholders 36 SECTION 7.08. Notice of Defaults 36 SECTION 7.09. Undertaking to Pay Costs 37 SECTION 7.10. Waiver of Stay or Extension Laws 37 ARTICLE EIGHT CONCERNING THE TRUSTEE SECTION 8.01. Duties and Responsibilities of Trustee 37 SECTION 8.02. Reliance on Documents, Opinions, Etc. 38 SECTION 8.03. Responsibility for Recitals, Etc. 39 SECTION 8.04. Trustee, Paying Agent or Debt Security Registrar May Own Debt Securities 39 SECTION 8.05. Money to Be Held in Trust 40 SECTION 8.06. Compensation and Expenses of Trustee 40 SECTION 8.07. Officers’ Certificate as Evidence 40 SECTION 8.08. Conflicting Interest of Trustee 40 SECTION 8.09. Eligibility of Trustee 41 SECTION 8.10. Resignation or Removal of Trustee 41 SECTION 8.11. Acceptance by Successor Trustee 42 SECTION 8.12. Succession by Merger, Etc. 43 SECTION 8.13. Limitation on Rights of Trustee as a Creditor 44 Page ARTICLE NINE CONCERNING THE DEBT SECURITYHOLDERS
Notice of Redemption; Selection of Debt Securities. SECTION 3.03. Payment of Debt Securities Called for Redemption SECTION 3.04. Mandatory and Optional Sinking Funds
Notice of Redemption; Selection of Debt Securities. In case the Issuers shall desire to exercise the right to redeem all or, as the case may be, any part of the Debt Securities of any series in accordance with their terms, by resolution of the Board of Directors of the Partnership or a supplemental indenture, the Issuers shall fix a date for redemption and shall give notice of such redemption at least 30 and not more than 60 days prior to the date fixed for redemption to the Holders of Debt Securities of such series so to be redeemed as a whole or in part, in the manner provided in Section 13.03. The notice if given in the manner herein provided shall be conclusively presumed to have been duly given, whether or not the Holder receives such
Notice of Redemption; Selection of Debt Securities. In -------------------------------------------------- case the Company shall desire to exercise the right to redeem all or, as the case may be, any part of the Debt Securities of any series in accordance with their terms, the Company shall notify the Trustee and deliver certain documents as set forth in the third paragraph of this Section 3.03 and shall fix a date for redemption and shall give notice of such redemption at least 30 and not more
Notice of Redemption; Selection of Debt Securities. In case the Company shall desire to exercise any right to redeem all, or, as the case may be, any part of, the Debt Securities of any series in accordance with their terms, it shall fix a date for redemption. Notice of redemption to the holders of Registered Debt Securities of any series to be redeemed as a whole or in part at the option of the Company shall be given by mailing notice of such redemption by first class mail, postage prepaid, at least 30 days and not more than 60 days prior to the date fixed for redemption to such holders at their last addresses as they shall appear upon the registry books of the Company and to the Trustee. Notice of redemption to the holders of Unregistered Debt Securities to be redeemed as a whole or in part who have filed their names and addresses with the Trustee pursuant to Section 313(c)(2) of the Trust Indenture Act of 1939 shall be given by mailing notice of such redemption, by first class mail, postage prepaid, at least 30 days and not more than 60 days prior to the date fixed for redemption, to such holders at such addresses as were so furnished to the Trustee (and, in the case of any such notice given by the Company, the Trustee shall make such information available to the Company for such purpose). Notice of redemption to all other holders of Unregistered Debt Securities shall be published in an Authorized Newspaper in the Borough of Manhattan, The City of New York, in an Authorized Newspaper in London and, if any such Unregistered Debt Securities are listed on the Luxembourg Stock Exchange, in an Authorized Newspaper in Luxembourg, in each case, once in each of three successive calendar weeks, the first publication to be not less than 30 nor more than 60 days prior to the date fixed for redemption. Any notice if given in the manner herein provided shall be conclusively presumed to have been duly given, whether or not the holder receives such notice. In any case, failure to give notice or any defect in the notice to the holder of any Debt Security of a series designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Debt Security of such series. Each such notice of redemption shall specify the date fixed for redemption, the redemption price at which the Debt Securities of such series or Tranche are to be redeemed, the place or places of payment, that payment will be made upon presentation and surrender of such Debt Securities and, in the case ...
