Common use of Method of Redemption Clause in Contracts

Method of Redemption. The Trustee (or the Servicer acting as its agent (or any authorized agent of the Servicer)) shall give written notice in respect of any Redemption of any class of Notes under Section 3.9 hereof to each Holder of such Notes at least thirty (30) days but not more than sixty (60) days before such Redemption Date. The Trustee shall not be permitted to deliver any notice under this Section 3.10(a) unless and until it shall have received evidence satisfactory to it that amounts sufficient to pay (A) the Redemption Price for such class of Notes plus the Redemption Premium, if any, (B) all accrued and unpaid interest, including Additional Interest, in respect of each class of Notes ranking pari passu therewith or prior thereto and (C) the Transaction Expenses relating to such Redemption are deposited, or will be deposited on or before the Redemption Date, in the Redemption Account established in respect of such Redemption. Each notice in respect of a Redemption given pursuant to this Section 3.10(a) shall state (i) the applicable Redemption Date, (ii) the Trustee’s arrangements for making payments in respect of such Redemption, (iii) the Redemption Price of the Notes to be redeemed and the Redemption Premium, if any, (iv) in the case of a Redemption of the Notes of any class in part, the portion of the Outstanding Principal Balance of the Notes that will be redeemed; (v) that Notes to be redeemed in a Redemption in whole must be surrendered (which action may be taken by any Holder of the Notes or its authorized agent) to the Trustee to collect the Redemption Price on such Notes, and (vi) that, unless the Issuer defaults in the payment of the Redemption Price, interest on Notes called for Redemption in whole shall cease to accrue on and after the Redemption Date. If mailed in the manner herein provided, the notice shall be conclusively presumed to have been given whether or not the Holder receives such notice. Failure to give notice or any defect in the notice shall not affect the validity of the notice.

Appears in 2 contracts

Sources: Indenture (NPS Pharmaceuticals Inc), Indenture (NPS Pharmaceuticals Inc)

Method of Redemption. The Trustee (Upon receipt of notice from the Issuer or the Servicer acting as its agent (Administrative Agent under Section 3.10(a) or any authorized agent of 3.10(b) hereof, the Servicer)) Trustee shall give written notice Written Notice in respect of any Redemption such redemption of any class subclass of Notes Securities under Section 3.9 3.10(a) or 3.10(b) hereof (a "Redemption") to each Holder of such Notes Securities and the Policy Provider, at least thirty (30) days but not more than sixty (60) 20 days before the Redemption Date for such Redemption DateRedemption. The Except in the case of a Refinancing, the Trustee shall not be permitted to deliver any notice under this Section 3.10(a3.10(c) unless and until it the Trustee shall have received certification that all conditions precedent to such Redemption have been satisfied and evidence satisfactory to it that the amounts sufficient required to pay (Abe deposited pursuant to Section 3.10(d) the Redemption Price for such class of Notes plus the Redemption Premium, if any, (B) all accrued and unpaid interest, including Additional Interest, in respect of each class of Notes ranking pari passu therewith or prior thereto and (C) the Transaction Expenses relating to such Redemption are depositedhereof are, or will be deposited on or before the Redemption DateDate be, deposited in the Defeasance/Redemption Account established in respect of such RedemptionAccount. Each notice in respect of a Redemption given pursuant to this Section 3.10(a3.10(c) shall state (i) the applicable Redemption Date, (ii) the Trustee’s 's arrangements for making payments in respect of such Redemption, (iii) the Redemption Price or the Outstanding Principal Balance of the Notes each subclass of Securities to be redeemed and the Redemption Premium, if anyaccrued and unpaid interest, (iv) in the case of a Redemption of the Notes Securities of any class subclass in partwhole, the portion that Securities of the Outstanding Principal Balance of the Notes that will be redeemed; (v) that Notes each subclass to be redeemed in a Redemption in whole must be surrendered (which action may be taken by any Holder of the Notes or its authorized agent) to the Trustee to collect the Redemption Price plus accrued and unpaid interest on such Notes, Securities and (viv) in the case of a Redemption of the Securities of any subclass in whole, that, unless the Issuer defaults in the payment of the Redemption PricePrice and any accrued and unpaid interest on the Securities to be redeemed, interest on Notes the subclass of Securities called for Redemption in whole shall cease to accrue on and after the Redemption Date. If mailed in the manner herein provided, the notice shall be conclusively presumed to have been given whether or not the Holder receives such notice. Failure to give notice or any defect in the notice shall not affect the validity of the notice.

Appears in 2 contracts

Sources: Trust Indenture (Aircastle LTD), Trust Indenture (Aircastle LTD)

Method of Redemption. ‌ (a) The Trustee Manager may from time to time prescribe redemption procedures that are not inconsistent herewith or with Securities Legislation. Notice of such redemption procedures shall be given to Unitholders either as provided in ARTICLE 15 hereof or by stating the same in the Disclosure Documents and as otherwise may be required under Securities Legislation. Such procedures may include, but are not limited to, the establishment of: (or i) any applicable notice period as determined in accordance with Subsection 6.1(b); (ii) any rules applicable to the Servicer acting as its agent (or any authorized agent suspension of the Servicer)right of Unitholders to redeem their Units or deferral thereof; (iii) shall give written notice in respect any required method of transmission of a redemption request, including any required forms for redemption requests; (iv) any procedures to be followed and documents to be delivered by the time of delivery of a redemption request to an order receipt office of the Funds or by the time of payment of the redemption proceeds; (v) any required documentation or evidence relating to the authority of any Redemption of any class of Notes under Section 3.9 hereof person to each Holder of such Notes at least thirty submit a redemption request; (30) days but not more than sixty (60) days before such Redemption Date. The Trustee shall not be permitted to deliver any notice under this Section 3.10(a) unless and until it shall have received evidence satisfactory to it that amounts sufficient to pay (Avi) the Redemption Price requirements for such class the surrender of Notes plus the Redemption Premiumcertificates, if any, representing the Units to be redeemed; and (Bvii) all accrued and unpaid interest, including Additional Interest, a systematic redemption program. (b) Redemption requests will be processed in respect of each class Redemption Date, and any partial redemption proceeds shall be allocated pro rata (based on respective numbers of Notes ranking pari passu therewith Units to be redeemed on such date) amongst all Unitholders requesting redemption on such date; provided however that no redemption requests received after any cut-off time for redemptions on such Redemption Date (as set out in the Disclosure Documents) shall be fulfilled in whole or in part until all redemption requests received prior thereto and (C) the Transaction Expenses relating to such Redemption are deposited, or cut-off time (and not withdrawn) have been fulfilled in whole. (c) The Manager shall advise the Unitholders who have requested a redemption if redemptions will be deposited limited or suspended on a designated Redemption Date. (d) Redemption requests specifying the receipt of the price on a forward date or specific price will not be processed and redemption requests will not be processed before payment has been received for the Units that are the subject of the redemption request. (e) Redemption requests are irrevocable except with the consent of the Manager (in its absolute discretion), unless they are not honoured on the designated Redemption Date, in the Redemption Account established in respect of which case they may be withdrawn within three (3) business days following such Redemption. Each notice in respect of a Redemption given pursuant to this Section 3.10(a) shall state (i) the applicable Redemption Date, (ii) the Trustee’s arrangements for making payments in respect of such Redemption, (iii) the Redemption Price of the Notes to be redeemed and the Redemption Premium, if any, (iv) in the case of a Redemption of the Notes of any class in part, the portion of the Outstanding Principal Balance of the Notes that will be redeemed; (v) that Notes to be redeemed in a Redemption in whole must be surrendered (which action may be taken by any Holder of the Notes or its authorized agent) to the Trustee to collect the Redemption Price on such Notes, and (vi) that, unless the Issuer defaults in the payment of the Redemption Price, interest on Notes called for Redemption in whole shall cease to accrue on and after the Redemption Date. If mailed in the manner herein provided, the notice shall be conclusively presumed to have been given whether or not the Holder receives such notice. Failure to give notice or any defect in the notice shall not affect the validity of the notice.

Appears in 2 contracts

Sources: Master Trust Agreement, Master Trust Agreement

Method of Redemption. The Trustee (Upon receipt of notice from the Issuer or the Servicer acting as its agent (Administrative Agent under Section 3.11(a) or any authorized agent of 3.11(b), the Servicer)) Trustee shall give written notice Written Notice in respect of any Redemption such redemption of any class subclass of Class G Notes under Section 3.9 hereof 3.11(a) or 3.11(b) (a “Redemption”) to the Depositary (and each Holder of Class E Notes), to each holder of interests in such subclass of Class G Notes (if such holder is an Institutional Accredited Investor) and the Policy Provider and, for so long as any Notes are admitted to the Official List of the Irish Stock Exchange and to trading on the Alternative Securities Market, to the Listing Agent for delivery on its behalf to the Companies Announcement Office of the Irish Stock Exchange, at least thirty (30) days but not more than sixty (60) days three Business Days before the Redemption Date for such Redemption DateRedemption. The Depositary shall forward such notice of Redemption to DTC or its nominee with any additional instructions applicable to owners of book-entry interests. If a Redemption is of less than all of the Class G Notes of any subclass, Class G Notes of such subclass to be redeemed will be repaid pro rata according to the Outstanding Principal Balance of each such subclass, to the extent moneys are available. Except in the case of a Refinancing or a Redemption (subject to the conditions specified in clause (e) below), the Trustee shall not be permitted to deliver any notice under this Section 3.10(a3.11(c) unless and until it the Trustee shall have received certification that all conditions precedent to such Redemption have been satisfied and evidence satisfactory to it that the amounts sufficient required to pay (Abe deposited pursuant to Section 3.11(d) the Redemption Price for such class of Notes plus the Redemption Premium, if any, (B) all accrued and unpaid interest, including Additional Interest, in respect of each class of Notes ranking pari passu therewith or prior thereto and (C) the Transaction Expenses relating to such Redemption are depositedare, or will be deposited on or before the Redemption DateDate be, deposited in the Defeasance/Redemption Account established in respect of such RedemptionAccount. Each notice in respect of a Redemption given pursuant to this Section 3.10(a3.11(c) shall state (i) the applicable Redemption DateDate and that such Redemption may be revoked or cancelled as provided in clause (e) below, (ii) the Trustee’s arrangements for making payments in respect of such Redemption, (iii) the Redemption Price or the Outstanding Principal Balance of the each subclass of Class G Notes to be redeemed and the Redemption Premium, if anyredeemed, (iv) in the case of a Redemption of the Class G Notes of any class subclass in partwhole, the portion Class G Notes of the Outstanding Principal Balance of the Notes that will be redeemed; (v) that Notes such subclass to be redeemed in a Redemption in whole must be surrendered (which action may be taken by any Holder of the Notes or its authorized agent) to the Trustee to collect the Redemption Price (including LIBOR Break Costs, if any) plus accrued and unpaid interest on such Notes, Notes and (viv) in the case of a Redemption of the Class G Notes of any subclass in whole, that, unless the Issuer defaults in the payment of the Redemption PricePrice and any accrued and unpaid interest thereon is not paid, interest on the subclass of Class G Notes called for Redemption in whole shall cease to accrue on and after the Redemption Date. If mailed in the manner herein provided, the notice shall be conclusively presumed to have been given whether or not the Holder receives such notice. Failure to give notice or any defect in the notice shall not affect the validity of the notice.

Appears in 1 contract

Sources: Trust Indenture (AerCap Holdings N.V.)

Method of Redemption. The Trustee (or the Servicer Administrative Agent acting as its agent (or any authorized agent of the ServicerAdministrative Agent)) shall give written notice in the manner set forth in Section 2.15(e) in respect of any Redemption redemption of any class subclass of AerCo Group A-D Notes under Section 3.9 3.10(a) or 3.10(b) hereof (a "Redemption") to each Holder of such AerCo Group A-D Notes and, for so long as the Notes are listed on the Luxembourg Stock Exchange, the Listing Agent, at least thirty (30) 20 days but not more than sixty (60) 60 days before such Redemption Date. The Trustee shall not be permitted to deliver any notice under this Section 3.10(a3.10(c) unless and until it shall have received evidence satisfactory to it that amounts sufficient to pay (A) the Redemption Price for redeem such class subclass(es) of AerCo Group A-D Notes plus the Redemption Premium, if any, and (B) pay all accrued and unpaid interest, including Additional Interest, interest in respect of each class subclass of AerCo Group A-D Notes ranking pari passu therewith or prior thereto and (C) the Transaction Expenses relating to such Redemption are depositedare, or will be deposited on or before the Redemption DateDate be, deposited in the Defeasance/Redemption Account established in respect of such RedemptionAccount. Each notice in respect of a Redemption given pursuant to this Section 3.10(a3.10(c) shall state (i) the applicable Redemption Date, (ii) the Trustee’s 's arrangements for making payments in respect of such Redemption, (iii) the Redemption Price of the AerCo Group A-D Notes to be redeemed and the Redemption Premium, if anyredeemed, (iv) in the case of a Redemption in whole, that AerCo Group A-D Notes of the Notes of any class in part, the portion of the Outstanding Principal Balance of the Notes that will be redeemed; (v) that Notes subclass to be redeemed in a Redemption in whole must be surrendered (which action may be taken by any Holder of the Notes or its authorized agent) to the Trustee to collect the Redemption Price plus accrued and unpaid interest on such Notes, AerCo Group A-D Notes and (viv) in the case of Redemption in whole, that, unless the Issuer defaults in the payment of the Redemption PricePrice and any accrued and unpaid interest thereon, interest on the subclass of AerCo Group A-D Notes called for Redemption in whole shall cease to accrue on and after the Redemption Date. If mailed in the manner herein provided, the notice shall be conclusively presumed to have been given whether or not the Holder receives such notice. Failure to give notice or any defect in the notice shall not affect the validity of the notice.

Appears in 1 contract

Sources: Indenture (Aerco LTD)

Method of Redemption. The Trustee (Upon receipt of notice from the Issuer or the Servicer acting as its agent (Cash Manager under Section 3.11(a) or any authorized agent of 3.11(b), the Servicer)) Trustee shall give written notice Written Notice in respect of any Redemption such redemption of any class subclass of Notes under Section 3.9 hereof 3.11(a) or 3.11(b) (a “Redemption”) to each Holder the Depositary, the Initial Liquidity Facility Provider and the Policy Provider, at least ten days before the Redemption Date for such Redemption. The Depositary shall forward such Notice of Redemption to DTC or its nominee with any additional instructions applicable to owners of Beneficial Interests. If a Redemption is of less than all of the Notes of any subclass, Notes of such Notes at least thirty (30) days but not more than sixty (60) days before subclass to be redeemed will be repaid pro rata according to the Outstanding Principal Balance of each such Redemption Datesubclass, to the extent moneys are available. The Except in the case of a Refinancing, the Trustee shall not be permitted to deliver any notice under this Section 3.10(a3.11(c) unless and until it the Trustee shall have received certification that all conditions precedent to such Redemption have been satisfied and evidence satisfactory to it that the amounts sufficient required to pay (Abe deposited pursuant to Section 3.11(d) the Redemption Price for such class of Notes plus the Redemption Premium, if any, (B) all accrued and unpaid interest, including Additional Interest, in respect of each class of Notes ranking pari passu therewith or prior thereto and (C) the Transaction Expenses relating to such Redemption are depositedare, or will be deposited on or before the Redemption DateDate be, deposited in the Defeasance/Redemption Account established in respect of such RedemptionAccount. Each notice in respect of a Redemption given pursuant to this Section 3.10(a3.11(c) shall state (i) the applicable Redemption Date, (ii) the Trustee’s arrangements for making payments in respect of such Redemption, (iii) the Redemption Price or the Outstanding Principal Balance of the each subclass of Notes to be redeemed and the Redemption Premium, if anyredeemed, (iv) in the case of a Redemption of the Notes of any class subclass in partwhole, the portion Notes of the Outstanding Principal Balance of the Notes that will be redeemed; (v) that Notes such subclass to be redeemed in a Redemption in whole must be surrendered (which action may be taken by any Holder of the Notes or its authorized agent) to the Trustee to collect the Redemption Price plus accrued and unpaid interest on such Notes, Notes and (viv) in the case of a Redemption of the Notes of any subclass in whole, that, unless the Issuer defaults in the payment of the Redemption PricePrice and any accrued and unpaid interest thereon, interest on the subclass of Notes called for Redemption in whole shall cease to accrue on and after the Redemption Date. If mailed in the manner herein provided, the notice shall be conclusively presumed to have been given whether or not the Holder receives such notice. Failure to give notice or any defect in the notice shall not affect the validity of the notice.

Appears in 1 contract

Sources: Trust Indenture (Babcock & Brown Air LTD)

Method of Redemption. The Trustee (or the Servicer acting as its agent (or any authorized agent of the Servicer)a) shall give written notice in In respect of any Redemption of any class Notes at least five days before the applicable Redemption Date, the Indenture Trustee will give Written Notice of Notes under Section 3.9 hereof such redemption (a "Notice of Redemption") to each Holder of such the Notes at least thirty (30) days but not more than sixty (60) days before such Redemption Date. The Trustee shall not to be permitted redeemed in accordance with the notice provisions herein and to deliver any notice under this Section 3.10(a) unless and until it shall have received evidence satisfactory to it that amounts sufficient to pay (A) the Redemption Price for such class of Notes plus the Redemption Premium, if any, (B) all accrued and unpaid interest, including Additional Interest, in respect of each class of Notes ranking pari passu therewith or prior thereto and (C) the Transaction Expenses relating to such Redemption are deposited, or will be deposited on or before the Redemption Date, in the Redemption Account established in respect of such RedemptionCredit Facility Agent. Each notice in respect Notice of a Redemption given pursuant to this Section 3.10(a) shall state will state (i) the applicable Redemption Date, ; (ii) the Indenture Trustee’s 's arrangements for making payments in respect of such Redemption, payments; (iii) the Redemption Price of the Notes to be redeemed and the Redemption Premium, if any, redeemed; (iv) in the case of a Redemption title of the Notes of any class in partand the Interest and Issue Date thereof; (v) the CUSIP, the portion of the Outstanding Principal Balance CINS and ISIN numbers (if any) of the Notes that will to be redeemed; (v) that Notes to be redeemed in a Redemption in whole must be surrendered (which action may be taken by any Holder of the Notes or its authorized agent) to the Trustee to collect the Redemption Price on such Notes, and and (vi) that, unless the Issuer defaults in the payment of the Redemption Price, that interest on the Notes called for Redemption in whole shall redemption will cease to accrue on and after the Redemption Date. Once a Notice of Redemption is given, the Notes to which such Notice of Redemption applies will become due and payable on the Redemption Date stated in such Notice of Redemption at the Redemption Price. Notes which are redeemed may not be reissued or resold. (b) Any Note which is to be redeemed only in part shall be surrendered (with, if the Issuer or the Indenture Trustee so requires, due endorsement by, or a written instrument of transfer in form satisfactory to the Issuer and the Indenture Trustee duly executed by, the Holder thereof or his or her attorney duly authorized in writing), and the Issuer shall execute, and the Indenture Trustee shall authenticate and make available for delivery to the Holder of such Note without service charge, a new Note or Notes of the same series and of like tenor, of any authorized denomination as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Note so surrendered. If mailed in the manner herein provideda Global Note is so surrendered, the notice such new Note so issued shall be conclusively presumed to have been given whether or not the Holder receives such notice. Failure to give notice or any defect in the notice shall not affect the validity of the noticea new Global Note.

Appears in 1 contract

Sources: Trust Indenture (International Lease Finance Corp)

Method of Redemption. The Trustee (Upon receipt of notice from the Issuer or the Servicer acting as its agent (Administrative Agent under Section 3.10(a) or any authorized agent of 3.10(b) hereof, the Servicer)) Trustee shall give written notice Written Notice in respect of any Redemption such redemption of any class subclass of Notes Securities under Section 3.9 3.10(a) or 3.10(b) hereof (a “Redemption”) to each Holder of such Notes Securities and the Policy Provider, at least thirty (30) days but not more than sixty (60) 20 days before the Redemption Date for such Redemption DateRedemption. The Except in the case of a Refinancing, the Trustee shall not be permitted to deliver any notice under this Section 3.10(a3.10(c) unless and until it the Trustee shall have received certification that all conditions precedent to such Redemption have been satisfied and evidence satisfactory to it that the amounts sufficient required to pay (Abe deposited pursuant to Section 3.10(d) the Redemption Price for such class of Notes plus the Redemption Premium, if any, (B) all accrued and unpaid interest, including Additional Interest, in respect of each class of Notes ranking pari passu therewith or prior thereto and (C) the Transaction Expenses relating to such Redemption are depositedhereof are, or will be deposited on or before the Redemption DateDate be, deposited in the Defeasance/Redemption Account established in respect of such RedemptionAccount. Each notice in respect of a Redemption given pursuant to this Section 3.10(a3.10(c) shall state (i) the applicable Redemption Date, (ii) the Trustee’s arrangements for making payments in respect of such Redemption, (iii) the Redemption Price or the Outstanding Principal Balance of the Notes each subclass of Securities to be redeemed and the Redemption Premium, if anyaccrued and unpaid interest, (iv) in the case of a Redemption of the Notes Securities of any class subclass in partwhole, the portion that Securities of the Outstanding Principal Balance of the Notes that will be redeemed; (v) that Notes each subclass to be redeemed in a Redemption in whole must be surrendered (which action may be taken by any Holder of the Notes or its authorized agent) to the Trustee to collect the Redemption Price plus accrued and unpaid interest on such Notes, Securities and (viv) in the case of a Redemption of the Securities of any subclass in whole, that, unless the Issuer defaults in the payment of the Redemption PricePrice and any accrued and unpaid interest on the Securities to be redeemed, interest on Notes the subclass of Securities called for Redemption in whole shall cease to accrue on and after the Redemption Date. If mailed in the manner herein provided, the notice shall be conclusively presumed to have been given whether or not the Holder receives such notice. Failure to give notice or any defect in the notice shall not affect the validity of the notice.

Appears in 1 contract

Sources: Trust Indenture (Aircastle LTD)

Method of Redemption. The Trustee (or the Servicer acting as its agent (or any authorized agent of the Servicer)agent) shall give written notice in respect of any Redemption of any class of Notes under Section 3.9 3.08 hereof to each Holder of such Notes at least thirty (30) days but not more than sixty (60) days before such Redemption Date (and within four months after the Termination Date, in the case of a Termination Redemption). The Trustee shall not be permitted to deliver any notice under this Section 3.10(a3.09(a) unless and until it shall have received evidence reasonably satisfactory to it that amounts sufficient to pay (A) the Redemption Price for such class of Notes plus the Redemption Premium, if any, (B) all accrued and unpaid interest, including Additional Interest, in respect of each class of Notes ranking pari passu therewith or prior thereto and (C) the Transaction Expenses relating to such Redemption are deposited, or will be deposited on or before the Redemption Date, in the Redemption Account established in respect of such Redemption. Each notice in respect of a Redemption given pursuant to this Section 3.10(a3.09(a) shall state (i) the applicable Redemption Date, (ii) the Trustee’s 's arrangements for making payments in respect of such Redemption, (iii) the Redemption Price of the Notes to be redeemed and the Redemption Premium, if any, (iv) in the case of a Redemption of the Notes of any class in part, the portion of the Outstanding Principal Balance of the Notes that will be redeemed; (v) that Notes to be redeemed in a Redemption in whole must be surrendered (which action may be taken by any Holder of the Notes or its authorized agent) to the Trustee to collect the Redemption Price on such Notes, and (vi) that, unless the Issuer defaults in the payment of the Redemption Price, interest on Notes called for Redemption in whole shall cease to accrue on and after the Redemption Date. If mailed in the manner herein provided, the notice shall be conclusively presumed to have been given whether or not the Holder receives such notice. Failure to give notice or any defect in the notice shall not affect the validity of the notice.

Appears in 1 contract

Sources: Indenture (Alkermes Inc)

Method of Redemption. The Trustee (Upon receipt of notice from the Issuer or the Servicer acting as its agent (Cash Manager under Section 3.11(a) or any authorized agent of 3.11(b), the Servicer)) Trustee shall give written notice Written Notice in respect of any Redemption such redemption of any class subclass of Notes under Section 3.9 hereof 3.11(a) or 3.11(b) (a “Redemption”) to each Holder the Depositary and the Policy Provider, at least ten days before the Redemption Date for such Redemption. The Depositary shall forward such Notice of Redemption to DTC or its nominee with any additional instructions applicable to owners of Beneficial Interests. If a Redemption is of less than all of the Notes of any subclass, Notes of such Notes at least thirty (30) days but not more than sixty (60) days before subclass to be redeemed will be repaid pro rata according to the Outstanding Principal Balance of each such Redemption Datesubclass, to the extent moneys are available. The Except in the case of a Refinancing, the Trustee shall not be permitted to deliver any notice under this Section 3.10(a3.11(c) unless and until it the Trustee shall have received certification that all conditions precedent to such Redemption have been satisfied and evidence satisfactory to it that the amounts sufficient required to pay (Abe deposited pursuant to Section 3.11(d) the Redemption Price for such class of Notes plus the Redemption Premium, if any, (B) all accrued and unpaid interest, including Additional Interest, in respect of each class of Notes ranking pari passu therewith or prior thereto and (C) the Transaction Expenses relating to such Redemption are depositedare, or will be deposited on or before the Redemption DateDate be, deposited in the Defeasance/Redemption Account established in respect of such RedemptionAccount. Each notice in respect of a Redemption given pursuant to this Section 3.10(a3.11(c) shall state (i) the applicable Redemption Date, (ii) the Trustee’s arrangements for making payments in respect of such Redemption, (iii) the Redemption Price or the Outstanding Principal Balance of the each subclass of Notes to be redeemed and the Redemption Premium, if anyredeemed, (iv) in the case of a Redemption of the Notes of any class subclass in partwhole, the portion Notes of the Outstanding Principal Balance of the Notes that will be redeemed; (v) that Notes such subclass to be redeemed in a Redemption in whole must be surrendered (which action may be taken by any Holder of the Notes or its authorized agent) to the Trustee to collect the Redemption Price plus accrued and unpaid interest on such Notes, Notes and (viv) in the case of a Redemption of the Notes of any subclass in whole, that, unless the Issuer defaults in the payment of the Redemption PricePrice and any accrued and unpaid interest thereon, interest on the subclass of Notes called for Redemption in whole shall cease to accrue on and after the Redemption Date. If mailed in the manner herein provided, the notice shall be conclusively presumed to have been given whether or not the Holder receives such notice. Failure to give notice or any defect in the notice shall not affect the validity of the notice.

Appears in 1 contract

Sources: Trust Indenture (Genesis Lease LTD)

Method of Redemption. The Trustee (or the Servicer acting as its agent (or any authorized agent of the Servicer)) Corporation shall give written notice in respect of any Redemption of any class of Notes under Section 3.9 hereof to each Holder of such Notes at least writing, not less than thirty (30) days but not nor more than sixty (60) days before prior to the date fixed for redemption of any Series AQ Preferred Shares, that it is redeeming Series AQ Preferred Shares pursuant to Section 3.1 hereof to each person who at the date of giving such Redemption Datenotice is the Holder of Series AQ Preferred Shares to be redeemed. The Trustee Any such notice shall not be permitted validly and effectively given on the date on which it is sent to deliver any notice under this Section 3.10(a) unless and until it shall have received evidence satisfactory each Holder of Series AQ Preferred Shares to it that amounts sufficient to pay (A) the Redemption Price for such class of Notes plus the Redemption Premium, if any, (B) all accrued and unpaid interest, including Additional Interest, in respect of each class of Notes ranking pari passu therewith or prior thereto and (C) the Transaction Expenses relating to such Redemption are deposited, or will be deposited on or before the Redemption Date, redeemed in the Redemption Account established manner provided for in respect Section 13. Such notice shall set out the number of such Redemption. Each notice in respect of a Redemption given pursuant Series AQ Preferred Shares held by the person to this Section 3.10(a) shall state (i) the applicable Redemption Date, (ii) the Trustee’s arrangements for making payments in respect of such Redemption, (iii) the Redemption Price of the Notes whom it is addressed which are to be redeemed and the Redemption PremiumPrice and shall also set out the date on which the redemption is to take place. On and after the date so specified for redemption, the Corporation shall pay or cause to be paid to the applicable Holders the Redemption Price (less any tax required to be deducted and withheld by the Corporation) on presentation and surrender, at any place within Canada designated by such notice, of the certificate or certificates for such Series AQ Preferred Shares so called for redemption, if any, (iv) subject to the provisions of Section 15. Such payment shall be made by electronic funds transfer or by cheque in the case amount of a Redemption of the Notes of any class in part, the portion of the Outstanding Principal Balance of the Notes that will be redeemed; (v) that Notes to be redeemed in a Redemption in whole must be surrendered (which action may be taken by any Holder of the Notes or its authorized agent) to the Trustee to collect the Redemption Price on (less any tax required to be deducted and withheld by the Corporation) payable at par at any branch in Canada of the Corporation’s bankers for the time being or by any other reasonable means that the Corporation deems desirable and the making of such Notes, payment or the delivery of such cheque in such amount shall be a full and complete discharge of the Corporation’s obligation to pay the Redemption Price owed to the Holders of Series AQ Preferred Shares so called for redemption to the extent of the sum represented thereby (vi) thatplus the amount of any tax required to be and in fact deducted and withheld by the Corporation and remitted to the proper taxing authority), unless the Issuer defaults cheque is not honoured when presented for payment. From and after the date specified in any such notice, the Series AQ Preferred Shares called for redemption shall cease to be entitled to receive Series AQ Dividends and the Holders thereof shall not be entitled to exercise any of the rights of shareholders in respect thereof, except to receive the Redemption Price therefor (less any tax required to be deducted and withheld by the Corporation), unless payment of the Redemption PricePrice shall not be duly made by or on behalf of the Corporation. At any time after notice of redemption is given as aforesaid, interest on Notes the Corporation shall have the right to deposit the Redemption Price of any or all Series AQ Preferred Shares called for Redemption redemption (less any tax required to be deducted and withheld by the Corporation), or such part thereof as at the time of deposit has not been claimed by the Holders entitled thereto, with any chartered bank or banks or with any trust company or trust companies in whole Canada to the credit of a special account or accounts in trust for the respective Holders of such shares, to be paid to them respectively upon surrender to such bank or banks or trust company or trust companies of the certificate or certificates representing the same, if any, subject to the provisions of Section 15. Upon such deposit or deposits being made, such shares shall cease be redeemed on the redemption date specified in the notice of redemption. After the Corporation has made a deposit as aforesaid with respect to accrue on the applicable Series AQ Preferred Shares, the Holders thereof shall not, from and after the Redemption Date. If mailed redemption date, be entitled to exercise any of the rights of shareholders in respect thereof and the manner herein provided, rights of the notice Holders thereof shall be conclusively presumed limited to have been given whether or not the Holder receives such notice. Failure to give notice or any defect in the notice shall not affect the validity receiving a proportion of the noticeamounts so deposited applicable to such shares, without interest. Any interest allowed on such deposit shall belong to the Corporation. Subject to applicable law, redemption moneys that are represented by a cheque which has not been presented to the Corporation’s bankers for payment or that otherwise remain unclaimed (including moneys held in deposit as provided for above) for a period of six years from the date specified for redemption shall be forfeited to the Corporation.

Appears in 1 contract

Sources: Support Agreement (Bce Inc)

Method of Redemption. The Trustee (or i) In any case of redemption of shares of Series A Preferred Stock, the Servicer acting as its agent (or any authorized agent of the Servicer)) shall give written notice in respect of any Redemption of any class of Notes under Section 3.9 hereof to each Holder of such Notes at least Corporation shall, not less than thirty (30) days but not nor more than sixty (60) days before the Maturity Date, send to each Holder notice of the intention of the Corporation to redeem such shares of Series A Preferred Stock. Such notice shall set out the number of shares of Series A Preferred Stock held by the Holders which are to be redeemed, the Maturity Redemption Price, the Maturity Date and the place at which Holders may present and surrender such shares of Series A Preferred Stock for redemption, if such shares are certificated. (ii) On the Maturity Date. The Trustee , the Corporation shall not pay or cause to be permitted paid to deliver any notice under this Section 3.10(a) unless and until it shall have received evidence satisfactory or to it that amounts sufficient the order of the Holders of the shares of Series A Preferred Stock to pay (A) be redeemed the Maturity Redemption Price for such class each share of Notes plus Series A Preferred Stock to be redeemed on presentation and surrender, at the Redemption Premiumregistered office of the Corporation or any other place specified in the notice of redemption, of the certificate or certificates representing the shares of Series A Preferred Stock called for redemption, if any, (B) all accrued and unpaid interest, including Additional Interest, in respect . The Corporation shall have the right at any time after the giving of each class notice of Notes ranking pari passu therewith or prior thereto and (C) redemption to deposit the Transaction Expenses relating to such Redemption are deposited, or will be deposited on or before the Redemption Date, in the Redemption Account established in respect of such Redemption. Each notice in respect of a Redemption given pursuant to this Section 3.10(a) shall state (i) the applicable Redemption Date, (ii) the Trustee’s arrangements for making payments in respect of such Redemption, (iii) the aggregate Maturity Redemption Price of the Notes shares of Series A Preferred Stock or of such of the shares of Series A Preferred Stock which are represented by certificates which have not at the date of such deposit been surrendered by the Holders thereof in connection with such redemption, to a special account in any chartered bank or any trust company named in such notice or in a subsequent notice to the Holders of the shares of Series A Preferred Stock in respect of which the deposit is made, to be paid without interest to or to the order of the respective Holders upon presentation and surrender to such bank or trust company of the certificates representing such shares of Series A Preferred Stock. (iii) Upon such deposit being made or upon the Maturity Date, whichever is the later, the shares of Series A Preferred Stock in respect of which such deposit shall have been made shall be and be deemed to be redeemed and the Redemption Premiumrights of the Holders thereof shall be limited to receiving, without interest, their proportionate part of the amount so deposited upon presentation and surrender of the certificate or certificates representing their shares of Series A Preferred Stock being redeemed, if any. Any interest on any such deposit shall belong to the Corporation. From and after the Maturity Date, (iv) the shares of Series A Preferred Stock shall cease to be entitled to dividends and to participate in the case of a Redemption assets of the Notes Corporation and the holders thereof shall not be entitled to exercise any of any class their other rights as Holders in part, the portion of the Outstanding Principal Balance of the Notes that will be redeemed; (v) that Notes to be redeemed in a Redemption in whole must be surrendered (which action may be taken by any Holder of the Notes or its authorized agent) to the Trustee to collect the Redemption Price on such Notes, and (vi) that, respect thereof unless the Issuer defaults in the payment of the Maturity Redemption Price, interest on Notes called for Redemption in whole shall cease to accrue on and after the Redemption Date. If mailed in the manner herein provided, the notice shall be conclusively presumed to have been given whether or not the Holder receives such notice. Failure to give notice or any defect in the notice Price shall not affect the validity be made upon presentation and surrender of the noticecertificates in accordance with this Section 7(b)(iii), in which case the rights of the Holders thereof shall remain unaffected.

Appears in 1 contract

Sources: Convertible Series a Preferred Stock Purchase Agreement (FREYR Battery, Inc. /DE/)