Common use of Notice of Redemption; Partial Redemptions Clause in Contracts

Notice of Redemption; Partial Redemptions. (a) With respect to the Capital Securities to be issued under the Indenture on or after the date of this Second Supplemental Capital Securities Indenture, unless any such Capital Security is a further issuance of Capital Securities with the same terms as Capital Securities originally issued prior to the date of this Second Supplemental Capital Securities Indenture, the first sentence of the fourth paragraph of Section 12.02 of the Indenture, which reads as follows, shall be deleted in its entirety: “On or before the redemption date specified in the notice of redemption given as provided in this Section, the Issuer will deposit with the Trustee or with one or more Paying Agents (or, if the Issuer is acting as its own Paying Agent, set aside, segregate and hold in trust as provided in Section 3.04) an amount of money or other property sufficient to redeem on the redemption date all the Capital Securities of such series so called for redemption at the appropriate redemption price, together with accrued interest to the date fixed for redemption.” and shall be replaced with the following: “Unless the notice of redemption is rescinded in accordance with the terms of the Capital Securities, on or before the redemption date specified in the notice of redemption given as provided in this Section, the Issuer will deposit with the Trustee or with one or more Paying Agents (or, if the Issuer is acting as its own Paying Agent, set aside, segregate and hold in trust as provided in Section 3.04) an amount of money or other property sufficient to redeem on the redemption date all the Capital Securities of such series so called for redemption at the appropriate redemption price, together with accrued interest to the date fixed for redemption.”

Appears in 1 contract

Samples: Deutsche Bank Aktiengesellschaft

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Notice of Redemption; Partial Redemptions. (a) With respect Notice of redemption to the Capital Securities Holders of Senior Notes to be issued under the Indenture on redeemed as a whole or after the date in part shall be given by mailing notice of this Second Supplemental Capital Securities Indenturesuch redemption by first class mail, unless any such Capital Security is a further issuance of Capital Securities with the same terms as Capital Securities originally issued postage prepaid, at least 30 days and not more than 60 days prior to the date fixed for redemption to such Holders of this Second Supplemental Capital Securities IndentureSenior Notes at their last addresses as they shall appear in the Security Register. Any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given, whether or not the Holder receives the notice. Failure to give notice by mail, or any defect in the notice to the Holder of any Senior Note designated for redemption as a whole or in part, shall not affect the validity of the proceedings for the redemption of any other Senior Note. The notice of redemption to each such Holder shall specify the principal amount of each Senior Note held by such Holder to be redeemed, the first sentence date fixed for redemption, the redemption price, the place or places of payment, that payment will be made upon presentation and surrender of such Senior Notes, that interest accrued to the date fixed for redemption will be paid as specified in said notice and that on and after said date interest thereon or on the portions thereof to be redeemed will cease to accrue. In case any Senior Note is to be redeemed in part only, the notice of redemption shall state the portion of the fourth paragraph principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of Section 12.02 such Senior Note, a new Senior Note or Senior Notes in principal amount equal to the unredeemed portion thereof will be issued. The notice of redemption of Senior Notes to be redeemed at the option of the Indenture, which reads as follows, Issuer shall be deleted given by the Issuer or, at the Issuer's request, by the Trustee in its entirety: “On or before the name and at the expense of the Issuer. At least one Business Day prior to the redemption date specified in the notice of redemption given as provided in this Section, the Issuer will deposit with the Trustee or with one or more Paying Agents paying agents (or, if the Issuer is acting as its own Paying Agentpaying agent, set aside, segregate and hold in trust as provided in Section 3.043.4) an amount of money or other property sufficient to redeem on the redemption date all the Capital Securities of such series Senior Notes so called for redemption at the appropriate redemption price, together with accrued and unpaid interest to the date fixed for redemption.” and shall . If less than all the outstanding Senior Notes are to be replaced with the following: “Unless the notice of redemption is rescinded in accordance with the terms of the Capital Securities, on or before the redemption date specified in the notice of redemption given as provided in this Sectionredeemed, the Issuer will deposit with deliver to the Trustee or with one or more Paying Agents (orTrustee, if the Issuer is acting as its own Paying Agent, set aside, segregate and hold in trust as provided in Section 3.04) an amount of money or other property sufficient to redeem on the redemption date all the Capital Securities of such series so called for redemption at the appropriate redemption price, together with accrued interest not later than five days prior to the date fixed on which notice of such redemption is to be mailed to Holders of Senior Notes pursuant to this Section, an Officers' Certificate stating the aggregate principal amount of Senior Notes to be redeemed. If less than all the Senior Notes are to be redeemed, the Senior Notes to be redeemed shall be redeemed on a pro rata basis. Senior Notes may be redeemed in part in multiples of $1,000 only. The Trustee shall, upon the written request of the Issuer, promptly notify the Issuer in writing of the Senior Notes selected for redemption and, in the case of any Senior Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Senior Notes shall relate, in the case of any Senior Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Senior Note which has been or is to be redeemed.

Appears in 1 contract

Samples: Indenture (Triarc Companies Inc)

Notice of Redemption; Partial Redemptions. (a) With respect Notice of redemption to the Capital Securities Holders of the Notes to be issued under the Indenture on redeemed as a whole or after the date in part shall be given by mailing notice of this Second Supplemental Capital Securities Indenturesuch redemption by first class mail, unless any such Capital Security is a further issuance of Capital Securities with the same terms as Capital Securities originally issued postage prepaid, at least 30 days and not more than 60 days prior to the date fixed for redemption to such Holders of this Second Supplemental Capital Securities Indenturethe Notes at their last addresses as they shall appear upon the Note Register. Any notice which is mailed or published in the manner herein provided shall be conclusively presumed to have been duly given, whether or not the Holder receives the notice. Failure to give notice by mail, 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. The notice of redemption to each such Holder shall specify the principal amount of each Note held by such Holder to be redeemed, the first sentence CUSIP numbers of the fourth paragraph Notes to be redeemed, the date fixed for redemption, the redemption price, the place or places of Section 12.02 payment, that payment will be made upon presentation and surrender of such Notes, that interest accrued to the date fixed for redemption will be paid as specified in such notice and that on and after said date interest thereon or on the portions thereof to be redeemed will cease to accrue. In case any Note is to be redeemed in part only, the notice of redemption shall state the portion of the Indentureprincipal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, which reads as followsupon surrender of such Note, a new Note or Notes and tenor in principal amount equal to the unredeemed portion thereof will be issued. The notice of redemption of Notes to be redeemed at the option of the Company shall be deleted given by the Company or, at the Company's request, by the Trustee in its entirety: “the name and at the expense of the Company. On or before 10:00 a.m. New York City time on the redemption date specified in the notice of redemption given as provided in this Section, the Issuer Company will deposit with the Trustee or with one or more Paying Agents (or, if the Issuer Company is acting as its own Paying Agent, set aside, segregate and hold in trust as provided in Section 3.042.06) an amount of money or other property sufficient to redeem on the redemption date all the Capital Securities of such series Notes so called for redemption at the appropriate redemption price, together with accrued interest to the date fixed for redemption.” and shall . If all of the outstanding Notes are to be replaced with redeemed, the following: “Unless Company will deliver to the Trustee at least 10 days prior to the last date on which notice of redemption is rescinded in accordance with may be given to Holders pursuant to the terms first paragraph of this Section 3.04 (or such shorter period as shall be acceptable to the Capital SecuritiesTrustee) an Officers' Certificate stating that all such Notes are to be redeemed. If less than all the outstanding Notes are to be redeemed, the Company will deliver to the Trustee at least 15 days prior to the last date on or before the redemption date specified in the which notice of redemption may be given to Holders pursuant to the first paragraph of this Section 3.04 (or such shorter period as provided in shall be acceptable to the Trustee) an Officers' Certificate stating the aggregate principal amount of such Notes to be redeemed. In case of a redemption at the election of the Company prior to the expiration of any restriction on such redemption, the Company shall deliver to the Trustee, prior to the giving of any notice of redemption to Holders pursuant to this Section, an Officers' Certificate stating that such redemption is not prohibited by such restriction. If less than all the Issuer will deposit with Notes are to be redeemed, the Trustee shall select, pro rata, by lot or with one in such manner as it shall deem appropriate and fair, Notes to be redeemed in whole or more Paying Agents (orin part. Notes may be redeemed in part in multiples equal to the minimum authorized denomination for Notes or any multiple thereof. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, if in the Issuer is acting as its own Paying Agentcase of any Notes selected for partial redemption, set asidethe principal amount thereof to be redeemed. For all purposes of this Indenture, segregate and hold unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in trust as provided the case of any Note redeemed or to be redeemed only in Section 3.04) an part, to the portion of the principal amount of money such Note which has been or other property sufficient is to redeem on the redemption date all the Capital Securities of such series so called for redemption at the appropriate redemption price, together with accrued interest to the date fixed for redemptionbe redeemed.

Appears in 1 contract

Samples: Senior Indenture (Aes Corporation)

Notice of Redemption; Partial Redemptions. (a) With respect Notice of redemption to the Capital Holders of Securities of any series to be issued under the Indenture on redeemed as a whole or after the date in part shall be given by mailing notice of this Second Supplemental Capital Securities Indenturesuch redemption by first class mail, unless any such Capital Security is a further issuance of Capital Securities with the same terms as Capital Securities originally issued postage prepaid, at least 30 days and not more than 60 days prior to the date fixed for redemption to such Holders of this Second Supplemental Capital Securities Indentureat their last addresses as they shall appear upon the Security Register. Any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given, whether or not the Holder receives the notice. Failure to give notice by mail, or any defect in the notice to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Security. The notice of redemption to each such Holder shall identify the Securities to be redeemed (including CUSIP or ISIN numbers) and shall specify the Principal Amount of each Security held by such Holder to be redeemed, the first sentence date fixed for redemption, the redemption price, the place or places of payment, that payment will be made upon presentation and surrender of such Securities, that interest accrued to the date fixed for redemption will be paid as specified in such notice and that on and after such date interest thereon or on the portions thereof to be redeemed will cease to accrue. In case any Security is to be redeemed in part only the notice of redemption shall state the portion of the fourth paragraph Principal Amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of Section 12.02 such Security, a new Security or Securities in Principal Amount equal to the unredeemed portion thereof will be issued. The notice of redemption of Securities of any series to be redeemed at the option of the Indenture, which reads as follows, Company shall be deleted given by the Company or, at the Company’s request, by the Trustee in its entirety: “On or before the name and at the expense of the Company. No later than 10:00 a.m. (New York City time) on the redemption date specified in the notice of redemption given as provided in this SectionSection 10.02, the Issuer Company will deposit with the Trustee or with one or more Paying Agents (or, if the Issuer Company is acting as its own Paying Agent, set aside, segregate and hold in trust as provided in Section 3.04trust) an amount of money or other property sufficient to redeem on the redemption date all the Capital Securities of such a series so called for redemption at the appropriate redemption price, together with accrued interest to the date fixed for redemption.” and shall be replaced with the following: “Unless the notice of redemption is rescinded in accordance with the terms of the Capital Securities, on or before the redemption date specified in the notice of redemption given as provided in this Section, the Issuer . The Company will deposit with deliver to the Trustee or with one or more Paying Agents (or, if the Issuer is acting as its own Paying Agent, set aside, segregate and hold in trust as provided in Section 3.04) an amount of money or other property sufficient to redeem on the redemption date all the Capital Securities of such series so called for redemption at the appropriate redemption price, together with accrued interest least 15 days prior to the date fixed for the giving of the notice of redemption an Officer’s Certificate stating the aggregate Principal Amount of Securities of such series to be redeemed. If less than all the Securities of a series are to be redeemed, the Trustee shall select, either pro rata, by lot or in accordance with any method customarily used by the Trustee or the Depositary, Securities to be redeemed in whole or in part. Securities may be redeemed in part only in denominations equal to the minimum authorized denomination for Securities of that series or any integral multiple thereof. The Trustee shall promptly notify the Company in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption, the Principal Amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security redeemed or to be redeemed only in part, to the portion of the Principal Amount of such Security which has been or is to be redeemed.

Appears in 1 contract

Samples: Best Buy Co Inc

Notice of Redemption; Partial Redemptions. (a) With respect Notice of redemption to the Capital Holders of Securities of any series to be issued under the Indenture on redeemed as a whole or after the date in part shall be given by mailing notice of this Second Supplemental Capital Securities Indenturesuch redemption by first class mail, unless any such Capital Security is a further issuance of Capital Securities with the same terms as Capital Securities originally issued postage prepaid, at least 30 days and not more than 60 days prior to the date fixed for redemption to such Holders of this Second Supplemental Capital Securities Indentureat their last addresses as they shall appear upon the registry books. Any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given, whether or not the Holder receives the notice. Failure to give notice by mail, or any defect in the notice to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Security. The notice of redemption to each such Holder shall identify the Securities to be redeemed (including CUSIP or ISIN numbers) and shall specify the Principal Amount of each Security held by such Holder to be redeemed, the first sentence date fixed for redemption, the redemption price, the place or places of payment, that payment will be made upon presentation and surrender of such Securities, that interest accrued to the date fixed for redemption will be paid as specified in said notice and that on and after said date interest thereon or on the portions thereof to be redeemed will cease to accrue. In case any Security is to be redeemed in part only the notice of redemption shall state the portion of the fourth paragraph Principal Amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of Section 12.02 such Security, a new Security or Securities in Principal Amount equal to the unredeemed portion thereof will be issued. The notice of redemption of Securities of any series to be redeemed at the option of the Indenture, which reads as follows, Company shall be deleted given by the Company or, at the Company’s request and as prepared by the Company, by the Registrar in its entirety: “On or before the name and at the expense of the Company. No later than 10:00 a.m. on the redemption date specified in the notice of redemption given as provided in this Section, the Issuer Company will deposit with the Trustee or with one or more Paying Agents (or, if the Issuer Company is acting as its own Paying Agent, set aside, segregate and hold in trust as provided in Section 3.04trust) an amount of money or other property sufficient to redeem on the redemption date all the Capital Securities of such a series so called for redemption at the appropriate redemption price, together with accrued interest to the date fixed for redemption.” . The Company will deliver to the Trustee, Registrar and shall be replaced with the following: “Unless the notice of redemption is rescinded in accordance with the terms of the Capital Securities, on or before the redemption date specified in the notice of redemption given as provided in this Section, the Issuer will deposit with the Trustee or with one or more Paying Agents (or, if the Issuer is acting as its own Paying Agent, set aside, segregate and hold in trust as provided in Section 3.04) an amount of money or other property sufficient to redeem on the redemption date all the Capital Securities of such series so called for redemption Agent at the appropriate redemption price, together with accrued interest least 15 days prior to the date fixed for the giving of the notice of redemption an Officer’s Certificate stating the aggregate Principal Amount of Securities of such series to be redeemed. If less than all the Securities of a series are to be redeemed, the Registrar shall select, in compliance with the requirements of the principal national securities exchange, if any, on which the Securities are listed or, if the Securities are not listed, but are in global form, then by lot or otherwise in accordance with the procedures of the Depositary or, if the Securities are not listed and are not in global form on a pro rata basis, by lot or in accordance with any method customarily used by the Registrar in its sole discretion, Securities to be redeemed in whole or in part. Securities may be redeemed in part only in denominations equal to the minimum authorized denomination for Securities of that series or any integral multiple thereof. The Registrar shall promptly notify the Company in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption, the Principal Amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security redeemed or to be redeemed only in part, to the portion of the Principal Amount of such Security which has been or is to be redeemed.

Appears in 1 contract

Samples: Indenture (Lexmark International Inc /Ky/)

Notice of Redemption; Partial Redemptions. (a) With respect Notice of redemption to the Capital holders of Securities of any series to be issued under the Indenture on redeemed as a whole or after the date in part shall be given by mailing notice of this Second Supplemental Capital Securities Indenturesuch redemption by first class mail, unless any such Capital Security is a further issuance of Capital Securities with the same terms as Capital Securities originally issued postage prepaid, at least 30 days and not more than 60 days prior to the date fixed for redemption to such holders of this Second Supplemental Capital Securities Indentureat their last addresses as they shall appear upon the registry books. Any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given, whether or not the Holder receives the notice. Failure to give notice by mail, or any defect in the notice to the holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Security. The notice of redemption to each such Holder shall identify the Securities to be redeemed (including CUSIP numbers) and shall specify the Principal Amount of each Security held by such Holder to be redeemed, the first sentence date fixed for redemption, the redemption price, the place or places of payment, that payment will be made upon presentation and surrender of such Securities, that interest accrued to the date fixed for redemption will be paid as specified in said notice and that on and after said date interest thereon or on the portions thereof to be redeemed will cease to accrue. In case any Security is to be redeemed in part only the notice of redemption shall state the portion of the fourth paragraph Principal Amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of Section 12.02 such Security, a new Security or Securities in Principal Amount equal to the unredeemed portion thereof will be issued. The notice of redemption of Securities of any series to be redeemed at the option of the Indenture, which reads as follows, Company shall be deleted given by the Company or, at the Company’s request, by the Trustee in its entirety: “On or before the name and at the expense of the Company. No later than 10:00 a.m. on the redemption date specified in the notice of redemption given as provided in this Section, the Issuer Company will deposit with the Trustee or with one or more Paying Agents paying agents (or, if the Issuer Company is acting as its own Paying Agentpaying agent, set aside, segregate and hold in trust as provided in Section 3.04trust) an amount of money or other property sufficient to redeem on the redemption date all the Capital Securities of such a series so called for redemption at the appropriate redemption price, together with accrued interest to the date fixed for redemption.” and shall be replaced with the following: “Unless the notice of redemption is rescinded in accordance with the terms of the Capital Securities, on or before the redemption date specified in the notice of redemption given as provided in this Section, the Issuer . The Company will deposit with deliver to the Trustee or with one or more Paying Agents (or, if the Issuer is acting as its own Paying Agent, set aside, segregate and hold in trust as provided in Section 3.04) an amount of money or other property sufficient to redeem on the redemption date all the Capital Securities of such series so called for redemption at the appropriate redemption price, together with accrued interest least 70 days prior to the date fixed for redemption an Officers’ Certificate stating the aggregate Principal Amount of Securities of such series to be redeemed. If less than all the Securities of a series are to be redeemed, the Trustee shall select, either pro rata, by lot or by any other method it shall deem fair and reasonable, Securities to be redeemed in whole or in part. Securities may be redeemed in part only in denominations equal to the minimum authorized denomination for Securities of that series or any integral multiple thereof. The Trustee shall promptly notify the Company in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption, the Principal Amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security redeemed or to be redeemed only in part, to the portion of the Principal Amount of such Security which has been or is to be redeemed.

Appears in 1 contract

Samples: Indenture (Home Depot Inc)

Notice of Redemption; Partial Redemptions. (a) With respect Unless otherwise specified pursuant to Section 3.02, the Corporation or, upon Issuer Order of the Corporation, the Agent in the name and at the expense of the Corporation, shall give notice of redemption to the Capital Securities Holders of Purchase Contracts in the manner and to be issued under the Indenture on or after the date of this Second Supplemental Capital Securities Indentureextent provided in Section 11.06, unless any such Capital Security is a further issuance of Capital Securities with the same terms as Capital Securities originally issued at least 30 days and not more than 60 days prior to the date fixed for redemption. Any notice which is given in the manner herein provided shall be conclusively presumed to have been duly given, whether or not the Holder receives the notice. Failure to give notice by mail, or any defect in the notice to the Holder of this Second Supplemental Capital Securities Indentureany Purchase Contract, shall not affect the validity of the proceedings for the redemption of any other Purchase Contract. The notice of redemption to each Holder of Registered Purchase Contracts shall specify the number of Registered Purchase Contracts held by such Holder to be redeemed, the first sentence date fixed for redemption, the redemption price, the place or places of the fourth paragraph payment and that payment will be made upon presentation and surrender of Section 12.02 of the Indenture, which reads as follows, Unit Certificates with respect to such Registered Purchase Contracts evidenced by Unit Certificates. The Corporation's obligation to provide funds for redemption shall be deleted in its entirety: “On deemed fulfilled if, on or before 12:00 noon, local time in the place of payment, on the redemption date specified in the notice of redemption given as provided in this Section, the Issuer will Corporation shall deposit with the Trustee Agent or with one or more Paying Agents (or, if the Issuer is acting as its own Paying Agent, set aside, segregate and hold in trust as provided in Section 3.04) paying agents an amount of money or other property sufficient to redeem on the redemption date all the Capital Securities of such series so Purchase Contracts called for redemption at the appropriate redemption price, together with accrued interest irrevocable instructions and authorization that such funds be applied to the date fixed redemption of the Purchase Contracts called for redemption.” redemption upon surrender of Unit Certificates representing such Purchase Contracts, properly endorsed and shall be replaced assigned for transfer, in accordance with this Article. The Corporation will deliver to the following: “Unless Agent at least 15 days prior to the mailing of the notice of redemption is rescinded in accordance an Officers' Certificate stating the aggregate number of Purchase Contracts to be redeemed on such date and that the Corporation has complied with the terms provisions of Section 10.01 and of said Purchase Contracts subject to said redemption. If fewer than all the Purchase Contracts are to be redeemed, the Agent, prior to the mailing of the Capital Securitiesredemption notice, shall select the Purchase Contracts to be redeemed on a pro rata basis, by lot or before the redemption date specified in the notice of redemption given by such other means as provided in this Section, the Issuer will deposit with the Trustee or with one or more Paying Agents (or, if the Issuer is acting as its own Paying Agent, set aside, segregate and hold in trust as provided in Section 3.04) an amount of money or other property sufficient to redeem on the redemption date all the Capital Securities of such series so called for redemption at the appropriate redemption price, together with accrued interest shall be acceptable to the date fixed Agent. Appropriate adjustment shall be made to prevent the fractional redemption of Purchase Contracts, such that Purchase Contracts are redeemed only in whole and not in part. The Agent shall promptly notify the Corporation in writing of the Purchase Contracts so selected for redemption.

Appears in 1 contract

Samples: Agreement (Wells Fargo Capital Vi)

Notice of Redemption; Partial Redemptions. (a) With respect Notice of redemption to the Capital Securities Holders of Notes to be issued under redeemed as a whole or in part at the Indenture on or after the date of this Second Supplemental Capital Securities Indenture, unless any such Capital Security is a further issuance of Capital Securities with the same terms as Capital Securities originally issued prior to the date of this Second Supplemental Capital Securities Indenture, the first sentence option of the fourth paragraph of Section 12.02 of the Indenture, which reads as follows, Company shall be deleted in its entirety: “On or before the redemption date specified in the given by mailing notice of such redemption given as provided in this Sectionby first class mail, the Issuer will deposit with the Trustee or with one or postage prepaid, at least 30 days and not more Paying Agents (or, if the Issuer is acting as its own Paying Agent, set aside, segregate and hold in trust as provided in Section 3.04) an amount of money or other property sufficient to redeem on the redemption date all the Capital Securities of such series so called for redemption at the appropriate redemption price, together with accrued interest than 60 days prior to the date fixed for redemption.” and redemption to such Holders of Notes at their last addresses as they shall appear in the Security Register. Any notice which is mailed in the manner herein provided shall be replaced with conclusively presumed to have been duly given, whether or not the following: “Unless Holder receives the notice. Failure to give notice by mail, or any defect in the notice to the Holder of any Notes designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Note. The notice of redemption is rescinded in accordance with to each such Holder shall specify (i) the terms of the Capital Securities, on or before the redemption date specified in the notice of redemption given as provided in this Section, the Issuer will deposit with the Trustee or with one or more Paying Agents (or, if the Issuer is acting as its own Paying Agent, set aside, segregate and hold in trust as provided in Section 3.04) an principal amount of money or other property sufficient each Note held by such Holder to redeem on be redeemed, (ii) the redemption date all fixed for redemption, (iii) the Capital Securities of such series so called for redemption at the appropriate redemption price, together with (iv) the place or places of payment, (v) the CUSIP number relating to the Notes, (vi) that payment will be made upon presentation and surrender of the Notes, (vii) whether interest, if any, accrued interest to the date fixed for redemption will be paid as specified in such notice and (viii) whether on and after said date interest, if any, thereon or on the portions thereof to be redeemed will cease to accrue. 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 date fixed for redemption, upon surrender of such Note, a new Note or Notes in principal amount equal to the unredeemed portion thereof will be issued.

Appears in 1 contract

Samples: Indenture (Citizens Communications Co)

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Notice of Redemption; Partial Redemptions. (a) With respect Notice of redemption to the Capital Securities Holders of Notes to be issued under the Indenture on redeemed as a whole or after the date in part shall be given by mailing notice of this Second Supplemental Capital Securities Indenturesuch redemption by first class mail, unless any such Capital Security is a further issuance of Capital Securities with the same terms as Capital Securities originally issued postage prepaid, at least 30 days and not more than 60 days prior to the date fixed for redemption to such Holders of this Second Supplemental Capital Securities IndentureNotes at their last addresses as they shall appear upon the registry books. Any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given, whether or not the Holder receives the notice. Failure to give notice by mail, 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. The notice of redemption to each such Holder shall identify the Notes to be redeemed (including the CUSIP number) and shall specify the principal amount of each Note held by such Holder to be redeemed, the first sentence date fixed for redemption, the redemption price, the place or places of payment, that payment will be made upon presentation and surrender of such Notes, that interest accrued to the date fixed for redemption will be paid as specified in said notice and that on and after said date interest thereon or on the portions thereof to be redeemed will cease to accrue. In case any Note is to be redeemed in part only the notice of redemption shall state the portion of the fourth paragraph principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of Section 12.02 such Note, a new Note or Notes in principal amount equal to the unredeemed portion thereof will be issued. The notice of redemption of Notes to be redeemed at the option of the Indenture, which reads as follows, Company shall be deleted given by the Company or, at the Company's request, by the Trustee in its entirety: “On or before the name and at the expense of the Company. No later than 10:00 a.m. on the redemption date specified in the notice of redemption given as provided in this Section, the Issuer Company will deposit with the Trustee or with one or more Paying Agents paying agents (or, if the Issuer Company is acting as its own Paying Agentpaying agent, set aside, segregate and hold in trust as provided in Section 3.04) an amount of money or other property sufficient to redeem on the redemption date all the Capital Securities of such series Notes so called for redemption at the appropriate redemption price, together with accrued interest to the date fixed for redemption.” and shall be replaced with the following: “Unless the notice of redemption is rescinded in accordance with the terms of the Capital Securities, on or before the redemption date specified in the notice of redemption given as provided in this Section, the Issuer . The Company will deposit with deliver to the Trustee or with one or more Paying Agents (or, if the Issuer is acting as its own Paying Agent, set aside, segregate and hold in trust as provided in Section 3.04) an amount of money or other property sufficient to redeem on the redemption date all the Capital Securities of such series so called for redemption at the appropriate redemption price, together with accrued interest least 70 days prior to the date fixed for redemption an Officers' Certificate stating the aggregate principal amount of Notes to be redeemed. If less than all the Notes are to be redeemed, the Trustee shall select, either pro rata, by lot or by any other method it shall in its sole discretion deem fair and appropriate, Notes to be redeemed in whole or in part; provided that no Note of $1,000 in principal amount or less shall be redeemed in part. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 1 contract

Samples: Williams Communications Group Inc

Notice of Redemption; Partial Redemptions. (a) With respect Notes of any Series which are redeemable before their Stated Maturity pursuant to Section 2.5 shall be redeemable in accordance with their terms and in accordance with this Article. Notice of redemption to the Capital Securities Holders of Notes to be issued under redeemed as a whole or in part at the Indenture option of the Company pursuant to the terms of such Notes established as contemplated by Section 2.5 shall be given to Holders as specified in Section 11.4 and to the CNV. Such notice shall specify the provision pursuant to which the redemption is being made, the principal amount of each Note held by such Holders to be redeemed, the date fixed for redemption, the redemption price, the place or places of payment, that payment will be made upon presentation and surrender of such Notes, that interest accrued to the date fixed for redemption and any Additional Amounts will be paid as specified in such notice, that on and after said date interest thereon or on the portions thereof to be redeemed will cease to accrue and any other matter required to be specified therein by Argentine law or regulation and notified to the Trustee in writing by the Company at least 15 days prior to the giving of Notice to the Holders. 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 date fixed for redemption, upon surrender of this Second Supplemental Capital Securities Indenturesuch Note, unless a new Note or Notes in principal amount equal to the unredeemed portion thereof will be issued. The election of the Company to redeem any such Capital Security is Notes shall be evidenced by a further issuance Board Resolution. The notice of Capital Securities with redemption of Notes to be redeemed at the same terms as Capital Securities originally issued prior to option of the Company shall be given by the Company or, at the Company’s request, by the Trustee in the name and at the expense of the Company at least 30 days but not more than 50 days before the date of this Second Supplemental Capital Securities Indenture, the first sentence of the fourth paragraph of Section 12.02 of the Indenture, which reads as follows, shall be deleted in its entirety: “redemption. On or before 12 p.m. (New York City time) one Business Day prior to the redemption date specified in the notice of redemption given as provided in this Section, the Issuer Company will deposit with the Trustee or with one or more Paying Agents (or, if the Issuer Company is acting as its own Paying Agentpaying agent, set aside, segregate and hold in trust as provided in Section 3.043.21) an amount of money or other property sufficient to redeem on the redemption date all the Capital Securities of such series Notes so called for redemption at the appropriate redemption price, together with accrued interest to the date fixed for redemption.” redemption and shall any Additional Amounts. If less than all the Outstanding Notes of any Series are to be replaced with redeemed, the following: “Unless Company will deliver to the Trustee at least 30 days prior to the date on which notice of redemption will be mailed (and 45 days prior to such date if the notice of redemption is rescinded must be published) an Officers’ Certificate stating the aggregate principal amount of Notes of such Series to be redeemed. If less than all the Notes of a Series are to be redeemed, the Trustee shall select, in accordance with such manner as it shall deem appropriate and fair, Notes to be redeemed in whole or in part. Notes may be redeemed in part in an amount equal to the terms minimum authorized denomination for Notes or any multiple thereof. The Trustee shall promptly notify the Company in writing of the Capital SecuritiesNotes of such Series selected for redemption and, on or before in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption date specified of Notes shall relate, in the notice case of redemption given as provided any Note redeemed or to be redeemed only in this Sectionpart, to the Issuer will deposit with portion of the Trustee or with one or more Paying Agents (or, if the Issuer is acting as its own Paying Agent, set aside, segregate and hold in trust as provided in Section 3.04) an principal amount of money such Note that has been or other property sufficient is to redeem on the redemption date all the Capital Securities of such series so called for redemption at the appropriate redemption price, together with accrued interest to the date fixed for redemptionbe redeemed.

Appears in 1 contract

Samples: Indenture (Telefonica of Argentina Inc)

Notice of Redemption; Partial Redemptions. (a) With respect Notice of redemption to the Capital Securities Holders of Notes to be issued under redeemed as a whole or in part at the Indenture on or after option of the date Company shall be given by mailing notice of this Second Supplemental Capital Securities Indenturesuch redemption by first class mail, unless any such Capital Security is a further issuance of Capital Securities with the same terms as Capital Securities originally issued postage prepaid, at least 30 days and not more than 60 days prior to the date fixed for redemption to such Holders of this Second Supplemental Capital Securities IndentureNotes at their last addresses as they shall appear upon the Security Register. Any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given, whether or not the Holder receives the notice. Failure to give notice by mail, 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 such Note. The notice of redemption shall include a description of the Notes, including CUSIP number, the first sentence date fixed for redemption, the redemption price, the place or places of payment, that payment will be made upon presentation and surrender of such Notes and, that interest accrued to the date fixed for redemption will be paid as specified in such notice and that on and after said date interest thereon or on the portions thereof to be redeemed will cease to accrue. In case any Note is to be redeemed in part only the notice of redemption shall state the portion of the fourth paragraph principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of Section 12.02 such Note, a new Note or Notes in principal amount equal to the unredeemed portion thereof will be issued. The notice of redemption of Notes to be redeemed at the option of the Indenture, which reads as follows, Company shall be deleted given by the Company or, at the Company’s request, by the Trustee in its entirety: “the name and at the expense of the Company. On or before the redemption date specified in the notice of redemption given as provided in this Section, the Issuer Company will deposit with the Trustee or with one or more Paying Agents (or, if the Issuer Company is acting as its own Paying Agent, set aside, segregate and hold in trust as provided in Section 3.043.4) an amount of money or other property sufficient to redeem on the redemption date all the Capital Securities of such series Notes so called for redemption at the appropriate redemption price, together with accrued interest to the date fixed for redemption.” and shall be replaced with the following: “Unless the notice of redemption is rescinded in accordance with the terms of the Capital Securities, on or before the redemption date specified in the notice of redemption given as provided in this Section, the Issuer . The Company will deposit with deliver to the Trustee or with one or more Paying Agents (or, if the Issuer is acting as its own Paying Agent, set aside, segregate and hold in trust as provided in Section 3.04) an amount of money or other property sufficient to redeem on the redemption date all the Capital Securities of such series so called for redemption at the appropriate redemption price, together with accrued interest least 70 days prior to the date fixed for redemption, or such shorter period as shall be acceptable to the Trustee, an Officer’s Certificate stating the aggregate principal amount of Notes to be redeemed, the redemption price and the date fixed for redemption. In case of a redemption at the election of the Company prior to the expiration of any restriction on such redemption, the Company shall deliver to the Trustee, prior to the giving of any notice of redemption to Holders pursuant to this Section, an Officer’s Certificate stating that such restriction has been complied with. If less than all the Notes are to be redeemed, the Trustee shall select by lot, pro rata or in such manner as it shall deemed appropriate and fair, in its sole discretion, Notes to be redeemed in whole or in part. Notes may be redeemed in part in multiples equal to the minimum authorized denomination for Notes or any multiple thereof. The Trustee shall promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 1 contract

Samples: Quadramed Corp

Notice of Redemption; Partial Redemptions. (a) With respect Notice of redemption to the Capital Holders of Securities of any series to be issued under the Indenture on redeemed as a whole or after the date in part shall be given by mailing notice of this Second Supplemental Capital Securities Indenturesuch redemption by first class mail, unless any such Capital Security is a further issuance of Capital Securities with the same terms as Capital Securities originally issued postage prepaid, at least 30 days and not more than 60 days prior to the date fixed for redemption to such Holders of this Second Supplemental Capital Securities Indentureat their last addresses as they shall appear upon the registry books. Any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given, whether or not the Holder receives the notice. Failure to give notice by mail, or any defect in the notice to the Holder of any Security designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Security. The notice of redemption to each such Holder shall identify the Securities to be redeemed (including CUSIP or ISIN numbers) and shall specify the Principal Amount of each Security held by such Holder to be redeemed, the first sentence date fixed for redemption, the redemption price, the place or places of payment, that payment will be made upon presentation and surrender of such Securities, that interest accrued to the date fixed for redemption will be paid as specified in said notice and that on and after said date interest thereon or on the portions thereof to be redeemed will cease to accrue. In case any Security is to be redeemed in part only the notice of redemption shall state the portion of the fourth paragraph Principal Amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of Section 12.02 such Security, a new Security or Securities in Principal Amount equal to the unredeemed portion thereof will be issued. The notice of redemption of Securities of any series to be redeemed at the option of the Indenture, which reads as follows, Company shall be deleted given by the Company or, at the Company’s request, by the Trustee in its entirety: “On or before the name and at the expense of the Company. No later than 10:00 a.m. on the redemption date specified in the notice of redemption given as provided in this Section, the Issuer Company will deposit with the Trustee or with one or more Paying Agents (or, if the Issuer Company is acting as its own Paying Agent, set aside, segregate and hold in trust as provided in Section 3.04trust) an amount of money or other property sufficient to redeem on the redemption date all the Capital Securities of such a series so called for redemption at the appropriate redemption price, together with accrued interest to the date fixed for redemption.” and shall be replaced with the following: “Unless the notice of redemption is rescinded in accordance with the terms of the Capital Securities, on or before the redemption date specified in the notice of redemption given as provided in this Section, the Issuer . The Company will deposit with deliver to the Trustee or with one or more Paying Agents (or, if the Issuer is acting as its own Paying Agent, set aside, segregate and hold in trust as provided in Section 3.04) an amount of money or other property sufficient to redeem on the redemption date all the Capital Securities of such series so called for redemption at the appropriate redemption price, together with accrued interest least 15 days prior to the date fixed for the giving of the notice of redemption an Officers’ Certificate stating the aggregate Principal Amount of Securities of such series to be redeemed. If less than all the Securities of a series are to be redeemed, the Trustee shall select, either pro rata, by lot or in accordance with any method customarily used by the Trustee or the Depositary, Securities to be redeemed in whole or in part. Securities may be redeemed in part only in denominations equal to the minimum authorized denomination for Securities of that series or any integral multiple thereof. The Trustee shall promptly notify the Company in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption, the Principal Amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security redeemed or to be redeemed only in part, to the portion of the Principal Amount of such Security which has been or is to be redeemed.

Appears in 1 contract

Samples: Lexmark International Inc /Ky/

Notice of Redemption; Partial Redemptions. (a) With respect Notice of redemption to the Capital Securities Noteholders of Registered Notes of any Series to be issued under redeemed as a whole or in part at the Indenture on option of the Issuer shall be given by mailing notice of such redemption by first class mail, postage prepaid, or after the date of this Second Supplemental Capital Securities Indenture, unless any such Capital Security is a further issuance of Capital Securities with the same terms as Capital Securities originally issued by electronic delivery at least 25 days and not more than 60 days prior to the date Redemption Date to such Noteholders of this Second Supplemental Capital Securities Indenturesuch Series at their last addresses as they shall appear upon the Register. Any notice which is mailed or otherwise delivered in the manner herein provided shall be conclusively presumed to have been duly given, whether or not the Noteholder receives the notice. Failure to give notice by mail or other delivery, or any defect in the notice to the Noteholder of a Series designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Note of such Series. The notice of redemption to each such Noteholder shall specify the principal amount of each Note of such Series held by such Noteholder to be redeemed, the first sentence Redemption Date, the Redemption Price, the place or places of payment, that payment will be made upon presentation and surrender of such Notes, that such redemption is pursuant to the fourth paragraph of Section 12.02 of mandatory or optional sinking fund, or both, if such be the Indenturecase, which reads that Interest accrued to the Redemption Date will be paid as follows, shall be deleted in its entirety: “On or before the redemption date specified in such notice and that on and after said date Interest thereon or on the portions thereof to be redeemed will cease to accrue. In case any Note of a Series is to be redeemed in part only, the notice of redemption given as provided in this Sectionshall state the portion of the principal amount thereof to be redeemed and shall state that on and after the Redemption Date, the Issuer will deposit with the Trustee or with one or more Paying Agents (or, if the Issuer is acting as its own Paying Agent, set aside, segregate and hold in trust as provided in Section 3.04) an amount of money or other property sufficient to redeem on the redemption date all the Capital Securities upon surrender of such series so called for redemption at the appropriate redemption priceNote, together with accrued interest a new Note or Notes of such Series in principal amount equal to the date fixed for redemption.” and shall unredeemed portion thereof will be replaced with the following: “Unless the issued. The notice of redemption is rescinded in accordance with of Notes of any Series to be redeemed at the terms option of the Capital SecuritiesIssuer shall be given by the Issuer or, on or before at the redemption date specified Issuer’s request, by the Indenture Trustee in the notice of redemption given name, as provided in this Section, the Issuer will deposit with the Trustee or with one or more Paying Agents (or, if the Issuer is acting as its own Paying Agent, set aside, segregate prepared by and hold in trust as provided in Section 3.04) an amount of money or other property sufficient to redeem on the redemption date all the Capital Securities of such series so called for redemption at the appropriate redemption price, together with accrued interest to expense of the date fixed for redemptionIssuer.

Appears in 1 contract

Samples: Indenture (Latam Airlines Group S.A.)

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