Common use of Company's Right to Redeem; Notices to Trustee Clause in Contracts

Company's Right to Redeem; Notices to Trustee. The --------------------------------------------- Company, at its option, may redeem the 2001 Convertible Securities in accordance with the provisions of Section 5 of the 2001 Convertible Securities in whole or in part, at any time or from time to time, on or after October 30, 2008 for a redemption price per 2001 Convertible Security equal to the Accreted Value up to but not including the Redemption Date or, if the Company has elected to restate the principal amount of the 2001 Convertible Securities and pay cash interest on the 2001 Convertible Securities following the occurrence of a Tax Event, at a redemption price per 2001 Convertible Security equal to the Restated Principal Amount plus accrued and unpaid cash interest up to but not including the Redemption Date (in either such case, the "Redemption Price"). If the Company elects to redeem 2001 Convertible Securities pursuant to Section 5 of the 2001 Convertible Securities, it shall notify the Trustee in writing of the Redemption Date, the principal amount at maturity of 2001 Convertible Securities to be redeemed and the Redemption Price. The Company shall give the notice to the Trustee provided for in this Section 4.1 by a Company Order, at least 15 days before the Redemption Date (unless a shorter notice shall be satisfactory to the Trustee), provided, however, that if less than all the 2001 Convertible Securities are to be redeemed, the Company shall give such notice to the Trustee at least 30 days but not more than 60 days before the Redemption Date.

Appears in 2 contracts

Samples: Fourth Supplemental Indenture (CSX Corp), Fourth Supplemental Indenture (CSX Corp)

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Company's Right to Redeem; Notices to Trustee. The --------------------------------------------- Prior to December 1, 2011 the Securities will not be redeemable at the Company's option. Beginning on December 1, 2011, the Company, at its option, may redeem the 2001 Convertible Securities in accordance with the provisions of Section 5 of the 2001 Convertible Securities in whole for cash at any time as a whole, or from time to time in part, at any time or from time to time, on or after October 30, 2008 for a redemption price per 2001 Convertible Security (the "REDEMPTION PRICE") equal to the Accreted Value up to but not including the Redemption Date or, if the Company has elected to restate 100% of the principal amount of the 2001 Convertible Securities and pay cash interest on the 2001 Convertible Securities following the occurrence of a Tax Event, at a redemption price per 2001 Convertible Security equal to the Restated Principal Amount redeemed plus accrued and unpaid cash interest up Interest, and accrued and unpaid Liquidated Damages, if any, on the Securities redeemed, to (but not including excluding) the Redemption Date. If the Redemption Date (in either such caseis on a date that is after an Interest Record Date and on or prior to the corresponding Interest Payment Date, the "Company shall pay such Interest and Liquidated Damages, if any, to the Holder of record on the corresponding Interest Record Date and the Redemption Price")Price shall only be 100% of the principal amount of those Securities to be redeemed. If the Company elects to redeem 2001 Convertible Securities pursuant to Section 5 of the 2001 Convertible Securities, it shall notify the Trustee in writing of the Redemption Date, the Conversion Rate, the principal amount at maturity of 2001 Convertible Securities to be redeemed and the Redemption Price. The Company shall give the notice to the Trustee provided for in this Section 4.1 3.01 by a Company Order, at least 15 45 days before the Redemption Date (unless a shorter notice shall be satisfactory to the Trustee), provided, however, that if less than all the 2001 Convertible Securities are to be redeemed, the Company shall give such notice to the Trustee at least 30 days ) but not more than 60 days before the Redemption Date. Securities called for redemption may be surrendered for conversion pursuant to Section 10.01(a)(3) from the date of the Redemption Notice until the close of business on the Business Day prior to the Redemption Date.

Appears in 1 contract

Samples: Indenture (Omi Corp/M I)

Company's Right to Redeem; Notices to Trustee. The --------------------------------------------- Prior to February 20, 2010, the Debentures will not be redeemable at the Company’s option. Beginning on February 20, 2010, the Company, at its option, may redeem the 2001 Convertible Securities in accordance with the provisions of Section 5 of the 2001 Convertible Securities in whole Debentures for cash at any time as a whole, or from time to time in part, at any time or from time to time, on or after October 30, 2008 for a redemption price per 2001 Convertible Security (the “Redemption Price”) equal to the Accreted Value up to but not including the Redemption Date or, if the Company has elected to restate 100% of the principal amount of the 2001 Convertible Securities and pay cash interest on the 2001 Convertible Securities following the occurrence of a Tax Event, at a redemption price per 2001 Convertible Security equal Debentures to the Restated Principal Amount be redeemed plus accrued and unpaid cash interest up interest, including Contingent Interest, if any, and accrued and unpaid Liquidated Damages, if any, on the Debentures to be redeemed to (but not including excluding) the Redemption Date; provided, however, that, if the Redemption Date (in either such casefalls after a Record Date and on or prior to the succeeding Interest Payment Date, the "Redemption Price")Price shall be equal to 100% of the principal amount of the Debentures to be redeemed. If the Company elects to redeem 2001 Convertible Securities pursuant to Section 5 of the 2001 Convertible SecuritiesDebentures, it shall notify the Trustee in writing of the Redemption Date, the principal amount at maturity of 2001 Convertible Securities Debentures to be redeemed and the Redemption Price. The Company shall give the notice to the Trustee provided for in this Section 4.1 by a Company Order, at least 15 days before the Redemption Date (unless a shorter notice shall be satisfactory to the Trustee), provided, however, that if 3.01 not less than all the 2001 Convertible Securities are to be redeemed, the Company shall give such notice to the Trustee at least 30 thirty (30) days but not more than 60 sixty (60) days before the Redemption Date, unless the Trustee consents to a shorter period, accompanied by an Officers’ Certificate to the effect that such redemption will comply with the conditions herein.

Appears in 1 contract

Samples: Blackrock Inc /Ny

Company's Right to Redeem; Notices to Trustee. The --------------------------------------------- Prior to May 30, 2014, the Securities shall not be redeemable at the Company’s option. On or after May 30, 2014, the Company, at its option, may redeem the 2001 Convertible Securities in accordance with the provisions of Section 5 of the 2001 Convertible Securities for U.S. legal tender (“cash”) at any time, in whole or in part, at any time or from time to time, on or after October 30, 2008 for a redemption price per 2001 Convertible Security (the “Redemption Price”) equal to 100% of the Accreted Value Principal Amount of the Securities redeemed, plus any accrued and unpaid Interest on the Original Principal Amount of Securities redeemed up to to, but not including including, the Redemption Date; provided, that if the Redemption Date oris on a date that is after an Interest Record Date and on or prior to the corresponding Interest Payment Date, if the Company has elected to restate the principal amount Redemption Price shall be 100% of the 2001 Convertible Securities and pay cash interest on the 2001 Convertible Securities following the occurrence of a Tax Event, at a redemption price per 2001 Convertible Security equal to the Restated Accreted Principal Amount plus of the Securities redeemed but shall not include accrued and unpaid cash interest up to but not including Interest on the Redemption Date (in either such caseOriginal Principal Amount of Securities redeemed. Instead, the "Redemption Price")Company shall pay such Interest on the Interest Payment Date to the Holder of record on the corresponding Interest Record Date. If the Company elects to redeem 2001 Convertible Securities pursuant to this Section 5 of the 2001 Convertible Securities3.01, it shall notify the Trustee in writing of such election together with the Redemption Date, the principal amount at maturity Conversion Rate, the Original Principal Amount and Accreted Principal Amount of 2001 Convertible Securities to be redeemed and the Redemption PricePrice per $1,000 Original Principal Amount. Notwithstanding the foregoing, the Company may not redeem the Securities if it has failed to pay any Interest on the Securities when due and such failure is continuing. The Company shall give the notice to the Trustee provided for in this Section 4.1 3.01 by a Company Order, at least 15 45 days but not more than 75 days before the Redemption Date (unless a shorter notice shall be satisfactory to the Trustee), provided, however, that if less than all the 2001 Convertible Securities are to be redeemed, the Company shall give such notice to the Trustee at least 30 days but not more than 60 days before the Redemption Date.

Appears in 1 contract

Samples: School Specialty Inc

Company's Right to Redeem; Notices to Trustee. The --------------------------------------------- Prior to May 1, 2014, the Securities shall not be redeemable at the Company’s option. On or after May 1, 2014, the Company, at its option, may redeem the 2001 Convertible Securities in accordance with the provisions of Section 5 of the 2001 Convertible Securities for Cash at any time, in whole or in part, at any time or from time to time, on or after October 30, 2008 for a redemption price per 2001 Convertible Security (the “Redemption Price”) equal to the Accreted Value up to but not including the Redemption Date or, if the Company has elected to restate 100% of the principal amount of the 2001 Convertible Securities and pay cash interest on the 2001 Convertible Securities following the occurrence of a Tax Eventbeing redeemed, at a redemption price per 2001 Convertible Security equal to the Restated Principal Amount plus any accrued and unpaid cash interest up to (including Contingent Interest or Additional Interest, if any) to, but not including including, the Redemption Date; provided that if the Redemption Date falls after an Interest Payment Record Date and prior to the corresponding Interest Payment Date, accrued and unpaid interest (in either such caseincluding Contingent Interest or Additional Interest, if any) shall be paid to the "Redemption Price")Holder on the relevant Interest Payment Record Date. If the Company elects to redeem 2001 Convertible Securities pursuant to this Section 5 of the 2001 Convertible Securities5.01, it shall notify the Trustee in writing of such election together with the Redemption Date, the Conversion Rate, the principal amount at maturity of 2001 Convertible Securities to be redeemed and the Redemption Price. Notwithstanding the foregoing, the Company may not redeem the Securities if it has failed to pay any interest (including Contingent Interest or Additional Interest, if any) on the Securities when due and such failure to pay is continuing. The Company shall give the notice to the Trustee provided for in this Section 4.1 5.01 by a Company Order, at least 15 20 days but not more than 60 days before the Redemption Date (unless a shorter notice shall be satisfactory to the Trustee), provided, however, that if less than all the 2001 Convertible Securities are to be redeemed, the Company shall give such notice to the Trustee at least 30 days but not more than 60 days before the Redemption Date.

Appears in 1 contract

Samples: Linear Technology Corp /Ca/

Company's Right to Redeem; Notices to Trustee. The --------------------------------------------- Prior to June 20, 2009, the Securities will not be redeemable at the Company's option. Beginning on June 20, 2009, the Company, at its option, may redeem the 2001 Convertible Securities in accordance with the provisions of Section 5 of the 2001 Convertible Securities in whole for cash at any time as a whole, or from time to time in part, at any time or from time to time, on or after October 30, 2008 for a redemption price per 2001 Convertible Security (the "Redemption Price") equal to the Accreted Value up to but not including the Redemption Date or, if the Company has elected to restate the principal amount of the 2001 Convertible Securities and pay cash interest on the 2001 Convertible Securities following the occurrence of a Tax Event, at a redemption price per 2001 Convertible Security equal to the Restated Principal Amount redeemed plus accrued and unpaid cash interest up Interest, and accrued and unpaid Liquidated Damages, if any, on the Securities redeemed to (but not including excluding) the Redemption Date. If the Redemption Date (in either such caseis on a date that is after an Interest Record Date and on or prior to the corresponding Interest Payment Date, the "Company shall pay such interest to the Holder of record on the corresponding Interest Record Date and the Redemption Price")Price shall only be 100% of the principal amount of those Securities to be redeemed. If the Company elects to redeem 2001 Convertible Securities pursuant to Section 5 of the 2001 Convertible Securities, it shall notify the Trustee in writing of the Redemption Date, the Conversion Rate, the principal amount at maturity of 2001 Convertible Securities to be redeemed and the Redemption Price. The Company shall give the notice to the Trustee provided for in this Section 4.1 3.01 by a Company Order, at least 15 days before the Redemption Date (unless a shorter notice shall be satisfactory to the Trustee), provided, however, that if less than all the 2001 Convertible Securities are to be redeemed, the Company shall give such notice to the Trustee at least 30 days but not more than 60 days before the Redemption Date. Securities called for redemption may be surrendered for conversion pursuant to Section 10.01(a)(3) from the date of the Redemption Notice until the close of business on the Business Day prior to the Redemption Date.

Appears in 1 contract

Samples: Labone Inc/

Company's Right to Redeem; Notices to Trustee. The --------------------------------------------- Prior to July 15, 2008, the Company, at its option, may redeem the 2001 Convertible Securities in accordance with the provisions of Section 5 5(a) and Section 7 of the 2001 Convertible Securities in whole or in part, at any time or from time to time, on or after October 30, 2008 for a redemption price per 2001 Convertible Security equal to the Accreted Value up to but not including the Redemption Date or, if the Company has elected to restate the principal amount of the 2001 Convertible Securities and pay cash interest on the 2001 Convertible Securities following the occurrence of a Tax Event, at a redemption price per 2001 Convertible Security equal to the Restated Principal Amount plus accrued and unpaid cash interest up to but not including the Redemption Date (in either such case, the "Redemption Price")Securities. If the Company elects to redeem 2001 Convertible Securities pursuant to Section 5 5(a) of the 2001 Convertible Securities, it shall notify the Trustee in writing of the Redemption Date, the principal amount Principal Amount at maturity Maturity of 2001 Convertible Securities to be redeemed and the Redemption PricePrice payable on the Redemption Date. On or after July 15, 2008, the Company, at its option, may redeem the Securities in accordance with the provisions of Section 5(b) and Section 7 of the Securities. If the Company elects to redeem Securities pursuant to Section 5(b) of the Securities, it shall notify the Trustee in writing of the Redemption Date, the Principal Amount at Maturity of Securities to be redeemed and the Redemption Price payable on the Redemption Date. In the event that the Company elects to redeem the Securities on a date that is after any Interest Record Date but before the date of payment of such interest, the Company shall be required to pay any accrued and unpaid interest, including additional interest, if any, to the redeemed Holder only and not the Holder on any applicable Interest Record Date. The Company shall give the notice to the Trustee provided for in this Section 4.1 3.1 by a Company Order, at least 15 40 days before the Redemption Date (unless a shorter notice shall be satisfactory to the Trustee), provided, however, that if less than all the 2001 Convertible Securities are to be redeemed, the Company shall give such notice to the Trustee at least 30 days but not more than 60 days before the Redemption Date) in accordance with Section 11.2 of this Indenture.

Appears in 1 contract

Samples: Indenture (Fairfax Financial Holdings LTD/ Can)

Company's Right to Redeem; Notices to Trustee. The --------------------------------------------- CompanyNotes will not be subject to redemption prior to March 22, at its option2013, may except as otherwise set forth in this Section 5.1. On or after March 22, 2013, the Company shall have the right to redeem the 2001 Convertible Securities in accordance with the provisions of Section 5 of the 2001 Convertible Securities Notes in whole or in part, at any time or from time to time, on or after October 30, 2008 for a redemption price per 2001 Convertible Security cash Redemption Price equal to the Accreted Value up to but not including the Redemption Date or, if the Company has elected to restate 100% of the principal amount of the 2001 Convertible Securities and pay cash interest on the 2001 Convertible Securities following the occurrence of a Tax EventNotes to be redeemed, at a redemption price per 2001 Convertible Security equal to the Restated Principal Amount plus any accrued and unpaid cash interest (including Liquidated Damages and Additional Interest, if any) thereon up to to, but not including including, the Redemption Date (in either such case, the "Redemption Price"). If the Redemption Date is after a Regular Record Date and on or before the Interest Payment Date to which it relates, the Company elects will pay any accrued and unpaid interest (including Liquidated Damages and Additional Interest, if any) to redeem 2001 Convertible Securities pursuant a Holder on such regular Record Date; otherwise, interest payable upon redemption will be paid to Section 5 the Holder to whom principal is payable in connection with such redemption. If the Company calls any or all of the 2001 Convertible SecuritiesNotes for redemption, it shall notify the Trustee in writing of Holders may convert their Securities that have been so called for redemption at any time prior to 5:00 p.m. (New York City Time) one Business Day prior to the Redemption Date, even if such Notes are not otherwise convertible at such time, after which such Holders’ right to convert will expire unless the principal amount at maturity Company defaults in the payment of 2001 Convertible Securities to be redeemed and the a Redemption Price. The Company shall give the each notice to the Trustee provided for in this Section 4.1 by a Company Order, 5.1 at least 15 60 days before the Redemption Date (unless the Trustee consents to a shorter period. Such notice shall be satisfactory accompanied by an Officers’ Certificate and an Opinion of Counsel from the Company to the Trustee), provided, however, effect that if less than all such redemption will comply with the 2001 Convertible Securities are to be redeemed, the Company shall give such notice to the Trustee at least 30 days but not more than 60 days before the Redemption Dateconditions herein.

Appears in 1 contract

Samples: Stillwater Mining Company (Stillwater Mining Co /De/)

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Company's Right to Redeem; Notices to Trustee. The --------------------------------------------- Prior to August 1, 2009, the Securities will not be redeemable at the Company's option. Beginning on August 1, 2009, the Company, at its option, may redeem the 2001 Convertible Securities in accordance with the provisions of Section 5 of the 2001 Convertible Securities in whole for cash at any time as a whole, or from time to time in part, at any time or from time to time, on or after October 30, 2008 for a redemption price per 2001 Convertible Security (the "Redemption Price") equal to the Accreted Value up to but not including the Redemption Date or, if the Company has elected to restate 100% of the principal amount of the 2001 Convertible Securities and pay cash interest on the 2001 Convertible Securities following the occurrence of a Tax Eventredeemed, at a redemption price per 2001 Convertible Security equal to the Restated Principal Amount plus accrued and unpaid cash interest up Interest, if any, and accrued and unpaid Liquidated Damages, if any, on the Securities redeemed to (but not including excluding) the Redemption Date; provided that if the Redemption Date (in either such casefalls after an Interest Record Date and on or prior to the related Interest Payment Date, the "Redemption Price")Price shall only be 100% of the principal amount of Securities to be redeemed and the Company shall pay such accrued and unpaid Interest to the record holder of the Securities on such Interest Record Date. If the Company elects to redeem 2001 Convertible Securities pursuant to this Section 5 of the 2001 Convertible Securities3.01, it shall notify the Trustee in writing of the Redemption Date, the Conversion Rate, the principal amount at maturity of 2001 Convertible Securities to be redeemed and the Redemption Price. The Company shall give the notice to the Trustee provided for in this Section 4.1 3.01 by a Company Order, at least 15 45 days but not more than 60 days before the Redemption Date (unless a shorter notice shall be satisfactory to the Trustee), provided, however, that if less than all the 2001 Convertible Securities are to be redeemed, the Company shall give such notice to the Trustee at least 30 days but not more than 60 days before the Redemption Date.

Appears in 1 contract

Samples: Ocwen Financial Corp

Company's Right to Redeem; Notices to Trustee. The --------------------------------------------- Prior to November 1, 2010, the Securities shall not be redeemable at the Company’s option. On or after November 1, 2010, the Company, at its option, may redeem the 2001 Convertible Securities in accordance with the provisions of Section 5 of the 2001 Convertible Securities for Cash at any time, in whole or in part, at any time or from time to time, on or after October 30, 2008 for a redemption price per 2001 Convertible Security (the “Redemption Price”) equal to the Accreted Value up to but not including the Redemption Date or, if the Company has elected to restate 100% of the principal amount of the 2001 Convertible Securities and pay cash interest on the 2001 Convertible Securities following the occurrence of a Tax Eventbeing redeemed, at a redemption price per 2001 Convertible Security equal to the Restated Principal Amount plus any accrued and unpaid cash interest up to (including Contingent Interest or Additional Interest, if any) to, but not including including, the Redemption Date; provided that if the Redemption Date falls after an Interest Payment Record Date and prior to the corresponding Interest Payment Date, accrued and unpaid interest (in either such caseincluding Contingent Interest or Additional Interest, if any) shall be paid to the "Redemption Price")Holder on the relevant Interest Payment Record Date. If the Company elects to redeem 2001 Convertible Securities pursuant to this Section 5 of the 2001 Convertible Securities5.01, it shall notify the Trustee in writing of such election together with the Redemption Date, the Conversion Rate, the principal amount at maturity of 2001 Convertible Securities to be redeemed and the Redemption Price. Notwithstanding the foregoing, the Company may not redeem the Securities if it has failed to pay any interest (including Contingent Interest or Additional Interest, if any) on the Securities when due and such failure to pay is continuing. The Company shall give the notice to the Trustee provided for in this Section 4.1 5.01 by a Company Order, at least 15 20 days but not more than 60 days before the Redemption Date (unless a shorter notice shall be satisfactory to the Trustee), provided, however, that if less than all the 2001 Convertible Securities are to be redeemed, the Company shall give such notice to the Trustee at least 30 days but not more than 60 days before the Redemption Date.

Appears in 1 contract

Samples: Indenture (Linear Technology Corp /Ca/)

Company's Right to Redeem; Notices to Trustee. The --------------------------------------------- Prior to February 20, 2013, the Debentures will not be redeemable at the Company's option. Beginning on February 20, 2013, the Company, at its option, may redeem the 2001 Convertible Securities in accordance with the provisions of Section 5 of the 2001 Convertible Securities in whole Debentures for cash at any time as a whole, or from time to time in part, at any time or from time to time, on or after October 30, 2008 for a redemption price per 2001 Convertible Security (the "REDEMPTION PRICE") equal to the Accreted Value up to but not including the Redemption Date or, if the Company has elected to restate 100% of the principal amount of the 2001 Convertible Securities and pay cash interest on the 2001 Convertible Securities following the occurrence of a Tax Event, at a redemption price per 2001 Convertible Security equal Debentures to the Restated Principal Amount be redeemed plus accrued and unpaid cash interest up interest, including Additional Interest, if any, on the Debentures to be redeemed to (but not including excluding) the Redemption Date; provided, however, that, if the Redemption Date (in either such casefalls after a Record Date and on or prior to the succeeding Interest Payment Date, the "Redemption Price")Price shall be equal to 100% of the principal amount of the Debentures to be redeemed and interest shall be payable to the record holder of the Debenture on the record date relating to such Interest Payment Date. If the Company elects to redeem 2001 Convertible Securities pursuant to Section 5 of the 2001 Convertible SecuritiesDebentures, it shall notify the Trustee in writing of the Redemption Date, the principal amount at maturity of 2001 Convertible Securities Debentures to be redeemed and the Redemption Price. Notwithstanding the foregoing, the Company may not redeem the Debentures unless it has obtained an amendment or consent to the Credit Agreement, or refinanced such Credit Agreement, such that no Credit Agreement Event would occur upon conversions pursuant to Section 15.01(a)(iii). The Company shall give the notice to the Trustee provided for in this Section 4.1 by a Company Order, at least 15 days before the Redemption Date (unless a shorter notice shall be satisfactory to the Trustee), provided, however, that if 3.01 not less than all the 2001 Convertible Securities are to be redeemed, the Company shall give such notice to the Trustee at least 30 thirty (30) days but not more than 60 sixty (60) days before the Redemption Date, unless the Trustee consents to a shorter period, accompanied by an Officers' Certificate to the effect that such redemption will comply with the conditions herein.

Appears in 1 contract

Samples: Indenture (Lifepoint Hospitals, Inc.)

Company's Right to Redeem; Notices to Trustee. The --------------------------------------------- Company, at its option, may redeem the 2001 Convertible Securities in accordance with the provisions of Section 5 of the 2001 Convertible Securities in whole or in part, at any time or from time to time, on or after October 30June 27, 2008 2004 for a redemption price per 2001 Convertible Security equal to the Accreted Value plus accrued and unpaid interest up to but not including the Redemption Date orDate, or if the Company has elected to restate the principal amount of the 2001 Convertible Securities and pay additional cash interest on the 2001 Convertible Securities following the occurrence of a Tax Event, at a redemption price per 2001 Convertible Security equal to the Restated Principal Amount plus accrued and unpaid cash interest up to but not including the Redemption Date (in either such case, the "Redemption Price"). If the Company elects to redeem 2001 Convertible Securities pursuant to Section 5 of the 2001 Convertible Securities, it shall notify the Trustee in writing of the Redemption Date, the principal amount at maturity of 2001 Convertible Securities to be redeemed and the Redemption Price. The Company shall give the notice to the Trustee provided for in this Section 4.1 3.1 by a Company Order, at least 15 20 days before the Redemption Date (unless a shorter notice shall be satisfactory to the Trustee), provided, however, that if less than all the 2001 Convertible Securities are to be redeemed, the Company shall give such notice to the Trustee at least 30 days but not more than 60 days before the Redemption Date.

Appears in 1 contract

Samples: Indenture (Best Buy Co Inc)

Company's Right to Redeem; Notices to Trustee. The --------------------------------------------- Prior to October 10, 2004, the Securities will not be redeemable at the Company's option. Beginning on October 10, 2004, the Company, at its option, may redeem the 2001 Convertible Securities in accordance with the provisions of Section 5 of the 2001 Convertible Securities in whole or in part, for cash at any time as a whole, or from time to time, on or after October 30, 2008 for a redemption price per 2001 Convertible Security equal to the Accreted Value up to but not including the Redemption Date or, if the Company has elected to restate the principal amount of the 2001 Convertible Securities and pay cash interest on the 2001 Convertible Securities following the occurrence of a Tax Eventtime in part, at a redemption price per 2001 Convertible Security equal to the Restated Principal Amount Issue Price of those Securities plus accrued Original Issue Discount and accrued and unpaid cash interest up Liquidated Damages, if any, on those Securities to (but not including excluding) the Redemption Date (in either such case, the "Redemption Price")Date. If the Company elects to redeem 2001 Convertible Securities pursuant to Section 5 of the 2001 Convertible Securities, it shall notify the Trustee in writing of the Redemption Date, the principal amount at maturity of 2001 Convertible Securities to be redeemed and the Redemption Price. The Company shall give the notice to the Trustee provided for in this Section 4.1 3.01 by a Company Order, at least 15 40 days before the Redemption Date (unless a shorter notice shall be satisfactory to the Trustee), provided, however, that if less than all the 2001 Convertible Securities are to be redeemed, the Company shall give such notice to the Trustee at least 30 days but not more than 60 days before . The table below shows the Redemption DatePrices for the Securities, assuming that no Liquidated Damages have accrued, at October 10, 2004, at each following October 10 prior to Stated Maturity, and at Stated Maturity. The prices reflect accrued Original Issue Discount calculated through each such date. The Redemption Price of a Security redeemed between the dates indicated in the table would include an additional amount reflecting the additional Original Issue Discount accrued since the next preceding date in the table. Securities called for redemption may be surrendered for conversion from the date of notice of the redemption until the close of business on the redemption date.

Appears in 1 contract

Samples: Brinker International Inc

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