Common use of Notice of Optional Redemption; Selection of Notes Clause in Contracts

Notice of Optional Redemption; Selection of Notes. (a) In case the Company shall desire to exercise the right to redeem all or, as the case may be, any part of the Notes pursuant to Section 4.1, it shall fix a date for redemption and it or, at its written request received by the Trustee not fewer than five Business Days prior (or such shorter period of time as may be acceptable to the Trustee) to the date the notice of redemption is to be sent, the Trustee in the name of and at the expense of the Company, shall mail or cause to be mailed, or sent by electronic transmission, a notice of such redemption not fewer than ten calendar days but not more than sixty calendar days prior to the Redemption Date to each Holder of Notes to be redeemed at its last address as the same appears on the Register; provided that if the Company makes such request of the Trustee, it shall, together with such request, also give written notice of the Redemption Date to the Trustee, provided further that the text of the notice shall be prepared by the Company. Such mailing shall be by first class mail or by electronic transmission. The notice, if sent 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 electronic submission or any defect in the notice to the Holder of any Note designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Note.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company Issuer shall desire to exercise the right to redeem all or, as the case may be, any part of the Notes pursuant to Section 4.13.01 hereof, it shall fix a date for redemption and it or, at its written request received by the Trustee not fewer than five (5) Business Days prior (or such shorter period of time as may be acceptable to the Trustee) to the date the notice of redemption is to be sentmailed (or sent by electronic transmission), the Trustee in the name of and at the expense of the CompanyIssuer, shall mail (or send by electronic transmission) or cause to be mailed, mailed (or sent by electronic transmission, ) a notice of such redemption not fewer than ten fifteen (15) calendar days but not nor more than sixty (60) calendar days prior to the Redemption Date to each Holder of Notes so to be redeemed in whole or in part at its last address as the same appears on the Note Register; provided provided, that if the Company Issuer makes such request of the Trustee, it shall, together with such request, also give written notice of the Redemption Date to the Trustee, ; provided further that the text of the notice shall be prepared by the CompanyIssuer. Such mailing shall be by first class mail or (unless sent by electronic transmission). The notice, if sent 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 electronic submission or any defect in the notice to the Holder of any Note designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Note. Each such notice of redemption shall specify: (i) the aggregate principal amount of Notes to be redeemed, (ii) the CUSIP number or numbers, if any, of the Notes being redeemed, (iii) the Redemption Date (which shall be a Business Day), (iv) the Redemption Price at which Notes are to be redeemed, (v) the place or places of payment and that payment will be made upon presentation and surrender of such Notes and (vi) that interest accrued and unpaid to, but excluding, the Redemption Date will be paid as specified in said notice, and that on and after said date interest thereon or on the portion thereof to be redeemed will cease to accrue. If fewer than all the Notes are to be redeemed, the notice of redemption shall identify the Notes to be redeemed (including CUSIP numbers, if any). In case any Note is 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 Redemption Date, upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion thereof will be issued. Whenever any Notes are to be redeemed, the Issuer will give the Trustee written notice of the Redemption Date, together with an Officers’ Certificate as to the aggregate principal amount of Notes to be redeemed not fewer than fifteen (15) calendar days (or such shorter period of time as may be acceptable to the Trustee) prior to the Redemption Date. On or prior to the Redemption Date specified in the notice of redemption given as provided in this Section 3.02, the Issuer will deposit with the Paying Agent (or, if the Issuer is acting as its own Paying Agent, set aside, segregate and hold in trust as provided in Section 4.04 hereof) an amount of monies in immediately available funds sufficient to redeem on the Redemption Date all the Notes (or portions thereof) so called for redemption at the appropriate Redemption Price; provided, that if such payment is made on the Redemption Date, it must be received by the Paying Agent, by 11:00 a.m., New York City time, on such date. The Issuer shall be entitled to retain any interest, yield or gain on amounts deposited with the Paying Agent pursuant to this Section 3.02 in excess of amounts required hereunder to pay the Redemption Price. If less than all of the outstanding Notes are to be redeemed, the Trustee shall select the Notes or portions thereof of the Global Note or the Notes in certificated form to be redeemed (in principal amounts of $2,000 and integral multiples of $1,000 in excess thereof), on a pro rata basis or such other method the Trustee deems fair and appropriate or is required by the Depositary. The Notes (or portions thereof) so selected for redemption shall be deemed duly selected for redemption for all purposes hereof.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company shall desire to exercise the right to redeem all or, as the case may be, any part of the Notes pursuant to Section 4.1, it shall fix a date for redemption and it or, at its written request received by the Trustee not fewer than five Business Days prior (or such shorter period of time as may be acceptable to the Trustee) to the date the notice of redemption is to be sent, the Trustee in the name of and at the expense of the Company, shall mail or cause to be mailed, or sent by electronic transmission, a notice of such redemption not fewer than ten fifteen calendar days but not more than sixty calendar days prior to the Redemption Date to each Holder of Notes to be redeemed at its last address as the same appears on the Register; provided that if the Company makes such request of the Trustee, it shall, together with such request, also give written notice of the Redemption Date to the Trustee, provided further that the text of the notice shall be prepared by the Company. Such mailing shall be by first class mail or by electronic transmission. The notice, if sent 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 electronic submission or any defect in the notice to the Holder of any Note designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Note.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company shall desire to exercise the right to redeem all or, as the case may be, any part of the Notes pursuant to Section 4.1, it shall fix a date for redemption and it or, at its written request received by the Trustee not fewer than five Business Days prior (or such shorter period of time as may be acceptable to the Trustee) to the date the notice of redemption is to be sent, the Trustee in the name of and at the expense of the Company, shall mail or cause to be mailed, or sent by electronic transmission, a notice of such redemption not fewer than ten fifteen calendar days but not more than sixty calendar days prior to the Redemption Date to each Holder of Notes to be redeemed at its last address as the same appears on the Registersecurity register; provided that if the Company makes such request of the Trustee, it shall, together with such request, also give written notice of the Redemption Date to the Trustee, provided further that the text of the notice shall be prepared by the Company. Such mailing shall be by first class mail or by electronic transmission. The notice, if sent 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 electronic submission or any defect in the notice to the Holder of any Note designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Note.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company shall will desire to exercise the right to redeem all or, as the case may be, any part of the Notes pursuant to Section 4.14.2 hereof, it shall will fix a date for redemption and it or, at its written request received by the Trustee not fewer than five (5) Business Days prior (or such shorter period of time as may be acceptable to the Trustee) to the date the notice of redemption is to be sentmailed (or sent by electronic transmission), the Trustee in the name of and at the expense of the Company, shall will mail (or send by electronic transmission) or cause to be mailed, mailed (or sent by electronic transmission, ) a notice of such redemption not fewer than ten thirty (30) calendar days but not nor more than sixty (60) calendar days prior to the Redemption Date to each Holder of Notes so to be redeemed in whole or in part at its last address as the same appears on the Note Register; provided provided, that if the Company makes such request of the Trustee, it shallwill, together with such request, also give written notice of the Redemption Date to the Trustee, ; provided further that the text of the notice shall will be prepared by the Company. Such mailing shall will be by first class mail or (unless sent by electronic transmission). The notice, if sent mailed in the manner herein provided, shall will 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 electronic submission or any defect in the notice to the Holder of any Note designated for redemption as a whole or in part shall will not affect the validity of the proceedings for the redemption of any other Note.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company shall desire to exercise the right to redeem all or, as the case may be, any part of the Notes pursuant to Section 4.14.2 hereof, it shall fix a date for redemption and it or, at its written request received by the Trustee not fewer than five (5) Business Days prior (or such shorter period of time as may be acceptable to the Trustee) to the date the notice of redemption is to be sentmailed (or sent by electronic transmission), the Trustee in the name of and at the expense of the Company, shall mail (or send by electronic transmission) or cause to be mailed, mailed (or sent by electronic transmission, ) a notice of such redemption not fewer than ten fifteen (15) calendar days but not nor more than sixty (60) calendar days prior to the Redemption Date to each Holder of Notes so to be redeemed in whole or in part at its last address as the same appears on the Note Register; provided provided, that if the Company makes such request of the Trustee, it shall, together with such request, also give written notice of the Redemption Date to the Trustee, ; provided further that the text of the notice shall be prepared by the Company. Such mailing shall be by first class mail or (unless sent by electronic transmission). The notice, if sent 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 electronic submission or any defect in the notice to the Holder of any Note designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Note.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company shall desire to exercise the exercises its Optional Redemption right to redeem all or, as the case may be, any part of the Notes pursuant to Section 4.116.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not fewer less than five Business 75 Scheduled Trading Days prior to the Redemption Date (or such shorter period of time as may be acceptable to the Trustee) to the date the notice of redemption is to be sent), the Trustee Trustee, in the name of and at the expense of the Company, shall mail deliver or cause to be mailed, or sent by electronic transmission, delivered a notice of such redemption Optional Redemption (a “Redemption Notice”) not fewer less than ten calendar days but not 60 nor more than sixty calendar days 70 Scheduled Trading Days prior to the Redemption Date to each Holder of Notes 112 so to be redeemed at its last address as the same appears on the Registera whole or in part; provided that provided, however, that, if the Company makes shall give such request of the Trusteenotice, it shall, together with such request, shall also give written notice of the Redemption Date to the Trustee and the Paying Agent (if other than the Trustee). However, provided further if in accordance with Section 14.02(a)(ii), the Company elects to settle all exchanges with an Exchange Date that occurs on or after the text date of the notice shall be prepared Redemption Notice and before the related Redemption Date by Physical Settlement, then the Company may instead provide such Redemption Notice not less than 30 nor more than 45 calendar days prior to the Redemption Date. A Redemption Notice may, at the discretion of the Company, be subject to one or more conditions precedent, including, but not limited to, completion of an equity offering, a financing, or other corporate transaction. Such mailing If a Redemption Notice is subject to any conditions precedent, the Company shall be by first class mail or by electronic transmissionprovide the Trustee with written notice of such conditions precedent. The notice, if sent in the manner herein provided, shall Redemption Date must 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 electronic submission or any defect in the notice to the Holder of any Note designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other NoteBusiness Day.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company shall desire to exercise the right to redeem all or, as the case may be, any part of the Notes pursuant to Section 4.13.01, it shall fix a date for redemption and it or, at its written request received by the Trustee and the Paying Agent not fewer than five (5) Business Days prior (or such shorter period of time as may be acceptable to the TrusteePaying Agent) to the date the notice of redemption is to be sentdelivered, the Trustee Paying Agent in the name of and at the expense of the Company, shall mail deliver or cause to be mailed, or sent by electronic transmission, delivered a notice of such redemption not fewer than ten fifteen (15) calendar days but not nor more than sixty (60) calendar days prior to the Redemption Date to each Holder of Notes so to be redeemed in whole or in part at its last address as the same appears on the Security Register, so long as the information required by this Section 3.02 is provided to the Paying Agent at the time the Paying Agent is given the notice pursuant to this Section 3.02; provided that if the Company makes such request of the TrusteePaying Agent, it shall, together with such request, also give written notice of the Redemption Date to the Trustee, provided further that the text of the notice shall be prepared by the Company. Such mailing delivery shall be effected by first class mail or by electronic transmissionor, in the case of Global Notes, in accordance with the applicable procedures of the Depositary. The notice, if sent delivered 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 deliver such notice by mail or electronic submission or any defect in the notice to the Holder of any Note designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Note. Concurrently with the delivery of any such notice of redemption, the Company shall issue a press release through Dow Xxxxx & Company, Inc., Bloomberg Business News or PR Newswire or a substantially equivalent financial news organization announcing such redemption, the form and content of which press release shall be determined by the Company in its sole discretion. The Company shall also publish that information in a newspaper of general circulation in The City of New York, or on its web site, or through such other public medium as it deems appropriate at that time. The failure to issue any such press release to publish such information or any defect therein shall not affect the validity of the redemption notice or any of the proceedings for the redemption of any Note called for redemption. Each such notice of redemption shall specify: (i) the aggregate principal amount of Notes to be redeemed, (ii) the CUSIP number or numbers of the Notes being redeemed, (iii) the Redemption Date, (iv) the Redemption Price at which Notes are to be redeemed, (v) the place or places of payment and that payment will be made upon presentation and surrender of such Notes, and (vi) that interest accrued and unpaid to, but not including, the Redemption Date will be paid as specified in said notice, and that on and after said date interest thereon or on the portion thereof to be redeemed will cease to accrue, as provided in Section 3.03. If fewer than all the Notes are to be redeemed, the notice of redemption shall identify the Notes to be redeemed (including CUSIP numbers, if any). In case any Note is 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 Redemption Date, upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion thereof will be issued. Whenever any Notes are to be redeemed, the Company shall give the Trustee and the Paying Agent written notice of the Redemption Date, together with an Officers’ Certificate as to the aggregate principal amount of Notes to be redeemed, not fewer than fifteen (15) calendar days prior to the Redemption Date. On or prior to the Redemption Date specified in the notice of redemption given as provided in this Section 3.02, the Company shall deposit with the Paying Agent (or, if the Company is acting as its own Paying Agent, set aside, segregate and hold in trust as provided in Section 4.04) an amount of money in immediately available funds sufficient to redeem on the Redemption Date all the Notes (or portions thereof) so called for redemption (other than those theretofore surrendered for exchange) at the appropriate Redemption Price, together with accrued interest to the Redemption Date; provided that if such payment is made on the Redemption Date, it must be received by the Paying Agent, by 10:00 a.m., New York City time, on such date. The Company shall be entitled to retain any interest, yield or gain on amounts deposited with the Paying Agent pursuant to this Section 3.02 in excess of amounts required hereunder to pay the Redemption Price; provided, however, that neither the Trustee nor the Paying Agent shall be under any liability for interest on any money received by it hereunder except as otherwise agreed to with the Company in writing. If less than all of the Outstanding Notes are to be redeemed, the Trustee shall select the Notes or portions thereof of the Global Note or the Notes in certificated form to be redeemed (in principal amounts of $25 or integral multiples of $25 in excess thereof) (a) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed, (b) if the Notes are Global Notes but are not listed on any national securities exchange, by lot or by such other similar method in accordance with the procedures of the Depositary and (c) if the Notes are not listed on any national securities exchange and are not Global Notes, on a pro rata basis (to the extent practicable).

Notice of Optional Redemption; Selection of Notes. (a) In case If the Company shall desire to exercise the exercises its Optional Redemption right to redeem all or, as the case may be, or any part of the Notes pursuant to Section 4.116.01, it shall fix a date for redemption (each, a “Redemption Date”) and it or, at its written request received by the Trustee not fewer less than five 5 Business Days prior before such notice is to be sent (or such shorter period of time as may be acceptable to the Trustee) to the date the notice of redemption is to be sent), the Trustee Trustee, in the name of and at the expense of the Company, shall mail deliver or cause to be mailed, or sent by electronic transmission, delivered a notice of such redemption Optional Redemption (a “Redemption Notice”) not fewer less than ten calendar days but not 50 nor more than sixty calendar days 65 Scheduled Trading Days prior to the Redemption Date to the Trustee, the Conversion Agent, the Paying Agent and each Holder of Notes so to be redeemed at its last address as the same appears on the Registera whole or in part; provided that provided, however, that, if the Company makes shall give such request of the Trusteenotice, it shall, together with such request, shall also give written notice of the Redemption Date to the Trustee and the Paying Agent (if other than the Trustee, provided further that the text of the notice shall be prepared by the Company. Such mailing shall be by first class mail or by electronic transmission). The noticeRedemption Date must be a Business Day and the Company may not specify a Redemption Date that falls on or after December 15, if sent 2029. Upon surrender of a Note that is to be redeemed in part pursuant to this Article 16, the manner herein providedCompany shall execute and upon receipt of a Company Order, the Trustee 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 electronic submission or any defect in the notice authenticate and deliver to the Holder of any a new Note designated for redemption as a whole or in part shall not affect principal amount equal to the validity unredeemed portion of the proceedings for the redemption of Note surrendered. A Redemption Notice may not purport to be subject to, or contain, any other Notecondition precedent.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company shall desire to exercise the right to redeem all or, as the case may be, any part of the Notes pursuant to Section 4.1, it shall fix a date for redemption and it or, at its written request received by the Trustee not fewer than five Business Days prior (or such shorter period of time as may be acceptable to the Trustee) to the date the notice of redemption is to be sent, the Trustee in the name of and at the expense of the Company, shall mail or cause to be mailed, or sent by electronic transmission, a notice of such redemption not fewer than ten thirty calendar days but not more than sixty calendar days prior to the Redemption Date to each Holder of Notes to be redeemed at its last address as the same appears on the Register; provided that if the Company makes such request of the Trustee, it shall, together with such request, also give written notice of the Redemption Date to the Trustee, provided further that the text of the notice shall be prepared by the Company. Such mailing shall be by first class mail or by electronic transmission. The notice, if sent 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 electronic submission or any defect in the notice to the Holder of any Note designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Note.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company shall desire to exercise the right to redeem all or, as the case may be, any part of the Notes pursuant to Section 4.1, it shall fix a date for redemption and it or, at its written request received by the Trustee not fewer than five Business Days calendar days prior (or such shorter period of time as may be acceptable to the Trustee) to the date the notice of redemption is to be sent, the Trustee in the name of and at the expense of the Company, shall mail or cause to be mailed, or sent by electronic transmission, a notice of such redemption not fewer than ten fifteen calendar days but not more than sixty calendar days prior to the Redemption Date to each Holder of Notes to be redeemed at its last address as the same appears on the Register; provided that if the Company makes such request of the Trustee, it shall, together with such request, also give written notice of the Redemption Date to the Trustee, provided further that the text of the notice shall be prepared by the Company. Such mailing shall be by first class mail or by electronic transmission. The notice, if sent 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 electronic submission or any defect in the notice to the Holder of any Note designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Note.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company shall desire to exercise the right to redeem all or, as the case may be, any part of the Notes pursuant to Section 4.14.2 hereof, it shall fix a date for redemption and it or, at its written request received by the Trustee not fewer than five (5) Business Days prior (or such shorter period of time as may be acceptable to the Trustee) to the date the notice of redemption is to be sentmailed (or sent by electronic transmission), the Trustee in the name of and at the expense of the Company, shall mail Table of Contents (or send by electronic transmission) or cause to be mailed, mailed (or sent by electronic transmission, ) a notice of such redemption not fewer than ten fifteen (15) calendar days but not nor more than sixty (60) calendar days prior to the Redemption Date to each Holder of Notes so to be redeemed in whole or in part at its last address as the same appears on the Note Register; provided provided, that if the Company makes such request of the Trustee, it shall, together with such request, also give written notice of the Redemption Date to the Trustee, ; provided further that the text of the notice shall be prepared by the Company. Such mailing shall be by first class mail or (unless sent by electronic transmission). The notice, if sent 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 electronic submission or any defect in the notice to the Holder of any Note designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Note.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company shall desire to exercise the right to redeem all or, as the case may be, any part of the Notes pursuant to Section 4.13.02, it shall fix a date for redemption (the “Redemption Date”) and it or, at its the written request of the Company received by the Trustee not fewer than five Business Days thirty (30) days prior (or such shorter period of time as may be acceptable to the Trustee) to the date the notice of redemption is to be sentRedemption Date, the Trustee in the name of and at the expense of the Company, shall mail or cause to be mailed, or sent by electronic transmission, mailed a notice of such redemption (a “Redemption Notice”) not fewer than ten calendar days but not thirty (30) nor more than sixty calendar (60) days prior to the Redemption Date to each Holder of Notes Noteholder to be redeemed at its last address as the same appears on the Note Register; provided provided, that if the Company makes shall give such request of the Trusteenotice, it shall, together with such request, shall also give written notice of the Redemption Date to the Trustee, provided further that the text of the notice shall be prepared by the Company. Such mailing shall be by first class mail or by electronic transmissionmail. The notice, if sent mailed in the manner herein provided, shall be conclusively presumed to have been duly given, whether or not the Holder holder receives such notice. In any case, failure to give such notice by mail or electronic submission or any defect in the notice to the Holder of any Note Noteholder designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Note.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company shall will desire to exercise the right to redeem all or, as the case may be, any part of the Notes pursuant to Section 4.14.2 hereof, it shall will fix a date for redemption and it or, at its written request received by the Trustee not fewer than five (5) Business Days prior (or such shorter period of time as may be acceptable to the Trustee) to the date the notice of redemption is to be sentmailed (or sent by electronic transmission), the Trustee in the name of and at the expense of the Company, shall will mail (or send by electronic transmission) or cause to be mailed, mailed (or sent by electronic transmission, ) a notice of such redemption not fewer than ten (10) calendar days but not nor more than sixty (60) calendar days prior to the Redemption Date to each Holder of Notes so to be redeemed in whole or in part at its last address as the same appears on the Note Register; provided provided, that if the Company makes such request of the Trustee, it shallwill, together with such request, also give written notice of the Redemption Date to the Trustee, ; provided further that the text of the notice shall will be prepared by the Company. Such mailing shall will be by first class mail or (unless sent by electronic transmission). The notice, if sent mailed in the manner herein provided, shall will 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 electronic submission or any defect in the notice to the Holder of any Note designated for redemption as a whole or in part shall will not affect the validity of the proceedings for the redemption of any other Note.

Notice of Optional Redemption; Selection of Notes. (a) In case the Company Issuer shall desire to exercise the right to redeem all or, as the case may be, any part of the Notes pursuant to Section 4.13.01 hereof, it shall fix a date for redemption and it or, at its written request received by the Trustee not fewer than five (5) Business Days prior (or such shorter period of time as may be acceptable to the Trustee) to the date the notice of redemption is to be sentmailed (or sent by electronic transmission), the Trustee in the name of and at the expense of the CompanyIssuer, shall mail (or send by electronic transmission) or cause to be mailed, mailed (or sent by electronic transmission, ) a notice of such redemption not fewer than ten fifteen (15) calendar days but not nor more than sixty (60) calendar days prior to the Redemption Date to each Holder of Notes so to be redeemed in whole or in part at its last address as the same appears on the Note Register; provided provided, that if the Company Issuer makes such request of the Trustee, it shall, together with such request, also give written notice of the Redemption Date to the Trustee, ; provided further that the text of the notice shall be prepared by the CompanyIssuer. Such mailing shall be by first class mail or (unless sent by electronic transmission). The notice, if sent 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 electronic submission or any defect in the notice to the Holder of any Note designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Note.20 DM_US 172750087-7.111690.0021