Optional Extension of Maturity. The provisions of this Section 308 may be made applicable to any series of Securities pursuant to Section 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity"). If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "Extension Notice") indicating (i) the election of the Company to extend the Maturity, (ii) the new Stated Maturity, (iii) the interest rate applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 106, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, by written notice to the Trustee, revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 12 contracts
Samples: Indenture (Reliant Energy Inc), Senior Indenture (Reliant Energy Services New Mexico LLC), Indenture (Burlington Northern Santa Fe Corp)
Optional Extension of Maturity. The provisions of this Section 308 may be made applicable to any series of Securities pursuant to Section 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "“Final Maturity"”) set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying providing the Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such this Security in effect prior to the exercise of such option (the "“Original Stated Maturity"). If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity ”) a notice (the "“Extension Notice"”) indicating (i) the election of the Company to extend the Maturity, (ii) the new Stated Maturity, (iii) the interest rate applicable to the Extension Period and (iv) the provisions, if any, for redemption or repayment during such Extension Period. If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a copy of the Extension Notice. Upon the Trustee's ’s transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by delivering to the Trustee an amended Extension Notice, and causing the Trustee to transmit, in the manner provided for in Section 106, a copy of such amended Extension Notice containing notice of such higher interest rate to the Holder of such this Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, by written notice to the Trustee, revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity. SECTION 309. Persons Deemed Owners. Prior to due presentment of a Security for registration of transfer, the Company, the Subsidiary Guarantors, the Trustee and any agent of the Company, the Subsidiary Guarantors or the Trustee may treat the Person in whose name such Security is registered as the owner of such Security for the purpose of receiving payment of principal of and any premium and (subject to Section 307) any interest on such Security and (subject to the record date provisions of Section 104) for all other purposes whatsoever, whether or not such Security be overdue, and neither the Company, the Subsidiary Guarantors, the Trustee nor any agent of the Company, the Subsidiary Guarantors or the Trustee shall be affected by notice to the contrary. The Company, the Subsidiary Guarantors and the Trustee may treat the Depositary as the sole and exclusive owner of a Global Security for the purposes of payment of the principal of or interest on the Securities, giving any notice permitted or required to be given to Holders, registering the transfer of Securities, obtaining any consent or other action to be taken by Holders and for all other purposes whatsoever; and neither the Company nor the Subsidiary Guarantors or the Trustee shall be affected by any notice to the contrary. Neither the Company, the Subsidiary Guarantors nor the Trustee shall have any responsibility or obligation to any participant in the Depositary, any Person claiming a beneficial ownership interest in the Securities under or through the Depositary or any such participant, or any other Person which is not shown on the Security Register as being a Holder, with respect to either the Securities, the accuracy of any records maintained by the Depositary or any such participant, the payment by the Depositary or any such participant of any amount in respect of the principal of or interest on the Securities, any notice which is permitted or required to be given to Holders under the Indenture, any consent given or other action taken by the Depositary as Holder, or any selection by the Depositary of any participant or other Person to receive payment of principal, interest or redemption or purchase price of the Securities.
Appears in 9 contracts
Samples: Indenture (American Italian Pasta Co), Indenture (Bay Valley Foods, LLC), Indenture (Bay Valley Foods, LLC)
Optional Extension of Maturity. (a) The provisions of this Section 308 may be made applicable to any series of Securities pursuant to Section 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "“Final Maturity"”) set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 45 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”). If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "“Extension Notice"”) indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (or spread, spread multiplier or other formula used to calculate such interest rate, if applicable), if any, applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's ’s transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraphSubsection (b) of this Section, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 106, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, by written notice to the Trustee, revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 8 contracts
Samples: Indenture (Winnsboro DC, LLC), Indenture (Tampa DC, LLC), Indenture (Perry Ellis Real Estate LLC)
Optional Extension of Maturity. The provisions of this Section 308 3.08 may be made applicable to any series of Securities pursuant to Section 301 3.01 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3013.01). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "“Final Maturity"”) set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 45 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”). If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 1061.06, to the Holder of such Security not later than 40 35 days prior to the Original Stated Maturity a notice (the "“Extension Notice") ”), prepared by the Company, indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (or spread, spread multiplier or other formula to calculate such interest rate, if applicable), if any, applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's ’s transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity (or if 20 days does not fall on a Business Day, the next succeeding Business Day) of such Security, the Company may, at its option, revoke the interest rate (or spread, spread multiplier or other formula to calculate such interest rate, if applicable) provided for in the Extension Notice and establish a higher interest rate (or spread, spread multiplier or other formula to calculate such higher interest rate, if applicable) for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 1061.06, notice of such higher interest rate (or spread, spread multiplier or other formula to calculate such interest rate, if applicable) to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Stated Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Stated Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen XIII for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, may by written notice to the Trustee, Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 8 contracts
Samples: CION Investment Corp, HPS Corporate Lending Fund, FS KKR Capital Corp. II
Optional Extension of Maturity. The provisions of this Section 308 may be made applicable to any series of Securities pursuant to Section 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "Final Maturity") Stated Maturity set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity")option. If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "“Extension Notice"”) indicating (i) the election of the Company to extend the Maturity, (ii) the new Stated Maturity, (iii) the interest rate rate, if any, applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's ’s transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 106, notice of such higher interest rate (or such higher spread or spread multiplier, if applicable) to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated at Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated at Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, may by written notice to the Trustee, Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 6 contracts
Samples: Indenture (Singular Genomics Systems, Inc.), Indenture (Aemetis, Inc), Indenture (Medicinova Inc)
Optional Extension of Maturity. (a) The provisions of this Section 308 may be made applicable to any series of Securities pursuant to Section 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "“Final Maturity"”) set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee in writing of such exercise at least 50 45 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”). If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "“Extension Notice"”) indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (or spread, spread multiplier or other formula used to calculate such interest rate, if applicable), if any, applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's ’s transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraphSubsection (b) of this Section, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 106, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, by written notice to the Trustee, revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 6 contracts
Samples: Indenture (Federated National Holding Co), Indenture (Federated National Holding Co), FedNat Holding Co
Optional Extension of Maturity. The provisions of this Section 308 may be made applicable to any series of Securities pursuant to Section 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "“Final Maturity"”) set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 45 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”). If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "“Extension Notice") ”), prepared by the Company, indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (or spread, spread multiplier or other formula to calculate such interest rate, if applicable), if any, applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's ’s transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate (or spread, spread multiplier or other formula to calculate such interest rate, if applicable) provided for in the Extension Notice and establish a higher interest rate (or spread, spread multiplier or other formula to calculate such higher interest rate, if applicable) for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 106, notice of such higher interest rate (or spread, spread multiplier or other formula to calculate such interest rate, if applicable) to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Stated Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Stated Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, may by written notice to the Trustee, Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 5 contracts
Samples: Indenture (Medallion Financial Corp), Medallion Financial Corp, Pennantpark Investment Corp
Optional Extension of Maturity. The provisions of this Section 308 may be made applicable to any series of Securities pursuant to Section 301 (with such modificationsIf so specified on the face hereof, additions or substitutions as may be specified pursuant to such Section 301). The the Stated Maturity of any Security of such series this Note may be extended at the option of the Company for the period or periods of whole years specified on the face of such Security hereof (each an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity")hereof. If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 106, Paying Agent will mail to the Holder holder of such Security this Note not later than 40 calendar days prior to the Original old Stated Maturity a notice (the "Extension Notice") ), first class postage prepaid, indicating (ia) the election of the Company to extend the Maturity, ; (iib) the new Stated Maturity, ; (iiic) the interest rate applicable to the Extension Period Period; and (ivd) the provisions, if any, for redemption during the Extension Period, including the date or dates on which, the period or periods during which and the price or prices at which such redemption may occur during the Extension Period. Upon the TrusteePaying Agent's transmittal mailing of the Extension Notice, the Stated Maturity of such Security this Note shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security this Note will have the same terms as prior to the transmittal mailing of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before 10:00 a.m., New York City time, on the Original Stated twentieth calendar day prior to the Maturity of then in effect (or, if such Securityday is not a Business Day, not later than 10:00 a.m., New York City time, on the immediately succeeding Business Day), the Company may, at its option, revoke the interest rate Spread and/or Spread Multiplier provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustee Paying Agent to transmit, in the manner provided for in Section 106, send notice of such higher interest rate Spread and/or Spread Multiplier to the Holder holder of such SecurityNote by first class mail, postage prepaid, or by such other means as shall be agreed between the Company and the Paying Agent. Such notice shall be irrevocable. All Securities Notes with respect to which the Stated Maturity is extended in accordance with an Extension Notice will bear such higher interest rateSpread and/or Spread Multiplier for the Extension Period, whether or not tendered for payment. If the Company extends the Maturity of any Securitythis Note, the Holder holder will have the option to elect repayment of such Security by require the Company to repay such Note on the Original Stated Maturity then in effect at a price equal to the principal amount thereof, thereof plus all accrued and unpaid interest accrued to such date. In order to obtain repayment on the Original old Stated Maturity once the Company has extended the Maturity thereofhereof, the Holder holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holdersoptional repayment, except that the period for delivery of this Note or notification to the Trustee Paying Agent shall be at least 25 but not more than 35 calendar days prior to the Original old Stated Maturity and except that, that if the Holder holder has tendered any Security this Note for repayment pursuant to an Extension Notice, the Holder holder may, by written notice to the TrusteePaying Agent, revoke any such tender for repayment until the close of business 3:00 p.m., New York City time, on the tenth twentieth calendar day before prior to the Original old Stated MaturityMaturity (or, if such day is not a Business Day, until 3:00 p.m., New York City time, on the immediately succeeding Business Day).
Appears in 5 contracts
Samples: Security Capital Group Inc/, Security Capital Group Inc/, Security Capital Group Inc/
Optional Extension of Maturity. The provisions of this Section 308 may be made applicable to any series of Securities pursuant to Section 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 45 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity"). If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "Extension Notice") indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate rate, if any, applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 106, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Stated Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Stated Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, may by written notice to the Trustee, Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 4 contracts
Samples: Indenture (Deere & Co), Indenture (Deere & Co), Indenture (Deere & Co)
Optional Extension of Maturity. The provisions of this Section 308 may be made applicable to any series of Securities pursuant to Section 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity"). If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "Extension Notice") indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate rate, if any, applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate rate, if any, provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 106, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Stated Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Stated Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, may by written notice to the Trustee, Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 4 contracts
Samples: Indenture (Viacom International Inc /De/), Viacom Inc, Viacom International Inc /De/
Optional Extension of Maturity. The provisions of this Section 308 3.08 may be made applicable to any series of Securities pursuant to Section 301 3.01 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3013.01). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "“Final Maturity"”) set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 45 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”). If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 1061.06, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "“Extension Notice") ”), prepared by the Company, indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (or spread, spread multiplier or other formula to calculate such interest rate, if applicable), if any, applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's ’s transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity (or if 20 days does not fall on a Business Day, the next succeeding Business Day) of such Security, the Company may, at its option, revoke the interest rate (or spread, spread multiplier or other formula to calculate such interest rate, if applicable) provided for in the Extension Notice and establish a higher interest rate (or spread, spread multiplier or other formula to calculate such higher interest rate, if applicable) for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 1061.06, notice of such higher interest rate (or spread, spread multiplier or other formula to calculate such interest rate, if applicable) to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Stated Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Stated Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, may by written notice to the Trustee, Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 3 contracts
Samples: Garrison Capital Inc., Sixth Street Specialty Lending, Inc., Golub Capital BDC, Inc.
Optional Extension of Maturity. The provisions of this Section 308 3.08 may be made applicable to any series of Securities pursuant to Section 301 3.01 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3013.01). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "“Final Maturity"”) set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 30 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”). If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 1061.06, to the Holder of such Security not later than 40 25 days prior to the Original Stated Maturity a notice (the "“Extension Notice") ”), prepared by the Company, indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (or spread, spread multiplier or other formula to calculate such interest rate, if applicable), if any, applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's ’s transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 10 days before the Original Stated Maturity (or if 10 days does not fall on a Business Day, the next succeeding Business Day) of such Security, the Company may, at its option, revoke the interest rate (or spread, spread multiplier or other formula to calculate such interest rate, if applicable) provided for in the Extension Notice and establish a higher interest rate (or spread, spread multiplier or other formula to calculate such higher interest rate, if applicable) for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 1061.06, notice of such higher interest rate (or spread, spread multiplier or other formula to calculate such interest rate, if applicable) to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Stated Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Stated Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, may by written notice to the Trustee, Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 3 contracts
Samples: Indenture (Prospect Capital Corp), Indenture (TCP Capital Corp.), TCP Capital Corp.
Optional Extension of Maturity. (a) The provisions of this Section 308 may be made applicable to any series of Securities pursuant to Section 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 45 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity"). If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "Extension Notice") indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (or spread, spread multiplier or other formula used to calculate such interest rate, if applicable), if any, applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraphSubsection (b) of this Section, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 106, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, by written notice to the Trustee, revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 3 contracts
Samples: Indenture (Teekay Shipping Corp), Indenture (Clearone Communications Inc), Indenture (Teekay Shipping Corp)
Optional Extension of Maturity. The provisions of this Section 308 may be made applicable to any series of Securities pursuant to Section 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 301). The Stated Maturity of any Security of such series may be extended at the option of the Company Issuer or the Guarantor for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "“Final Maturity"”) set forth on the face of such Security. The Company Issuer or the Guarantor may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 45 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”). If the Company Issuer or the Guarantor exercises such option, the Trustee shall transmit, in the manner provided for in Section 106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "“Extension Notice"”) indicating (i) the election of the Company Issuer or the Guarantor to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate rate, if any, applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's ’s transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company Issuer or the Guarantor may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 106, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company Issuer or the Guarantor extends the Stated Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company Issuer or the Guarantor on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company Issuer or the Guarantor has extended the Stated Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, may by written notice to the Trustee, Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 3 contracts
Samples: Indenture (Qimonda Finance LLC), Indenture (Qimonda Finance LLC), Indenture (Qimonda Finance LLC)
Optional Extension of Maturity. The provisions of this Section 308 may be made applicable to any series of Securities pursuant to Section 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "“Final Maturity"”) set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”), such notice (the “Extension Notice) to contain the information to be included in the Trustee’s notice referred to in the following sentence. If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "“Extension Notice") ” indicating (i) the election of the Company to extend the Maturity, (ii) the new Stated Maturity, (iii) the interest rate applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's ’s transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 106, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, by written notice to the Trustee, revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity. SECTION 309. Persons Deemed Owners. Prior to due presentment of a Security for registration of transfer, the Company, the Subsidiary Guarantors, the Trustee and any agent of the Company, the Subsidiary Guarantors or the Trustee may treat the Person in whose name such Security is registered as the owner of such Security for the purpose of receiving payment of principal of and any premium and (subject to Section 307) any interest on such Security and (subject to the record date provisions of Section 104) for all other purposes whatsoever, whether or not such Security be overdue, and neither the Company, the Subsidiary Guarantors, the Trustee nor any agent of the Company, the Subsidiary Guarantors or the Trustee shall be affected by notice to the contrary. The Company, the Subsidiary Guarantors and the Trustee may treat the Depositary as the sole and exclusive owner of a Global Security for the purposes of payment of the principal of or interest on the Securities, giving any notice permitted or required to be given to Holders registering the transfer of Securities, obtaining any consent or other action to be taken by Holders and for all other purposes whatsoever; and neither the Company nor the Subsidiary Guarantors or the Trustee shall be affected by any notice to the contrary. Neither the Company, the Subsidiary Guarantors nor the Trustee shall have any responsibility or obligation to any participant in the Depositary, any Person claiming a beneficial ownership interest in the Securities under or through the Depositary or any such participant, or any other Person which is not shown on the Security Register as being a Holder, with respect to either the Securities, the accuracy of any records maintained by the Depositary or any such participant, the payment by the Depositary or any such participant of any amount in respect of the principal of or interest on the Securities, any notice which is permitted or required to be given to Holders under the Indenture, any consent given or other action taken by the Depositary as Holder, or any selection by the Depositary of any participant or other Person to receive payment of principal, interest or redemption or purchase price of the Securities.
Appears in 3 contracts
Samples: Lear Argentine Holdings Corp #2, Lear Corp, Lear Corp
Optional Extension of Maturity. The provisions of this Section 308 may be made applicable to any series of Securities pursuant to Section 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "“Final Maturity"”) set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”), such notice (the “Extension Notice”) to contain the information to be included in the Trustee’s notice referred to in the following sentence. If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "Extension Notice") Notice indicating (i) the election of the Company to extend the Maturity, (ii) the new Stated Maturity, (iii) the interest rate applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's ’s transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 106, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, by written notice to the Trustee, revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity. SECTION 309. Persons Deemed Owners. Prior to due presentment of a Security for registration of transfer, the Company, the Subsidiary Guarantors, the Trustee and any agent of the Company, the Subsidiary Guarantors or the Trustee may treat the Person in whose name such Security is registered as the owner of such Security for the purpose of receiving payment of principal of and any premium and (subject to Section 307) any interest on such Security and (subject to the record date provisions of Section 104) for all other purposes whatsoever, whether or not such Security be overdue, and neither the Company, the Subsidiary Guarantors, the Trustee nor any agent of the Company, the Subsidiary Guarantors or the Trustee shall be affected by notice to the contrary. The Company, the Subsidiary Guarantors and the Trustee may treat the Depositary as the sole and exclusive owner of a Global Security for the purposes of payment of the principal of or interest on the Securities, giving any notice permitted or required to be given to Holders registering the transfer of Securities, obtaining any consent or other action to be taken by Holders and for all other purposes whatsoever; and neither the Company nor the Subsidiary Guarantors or the Trustee shall be affected by any notice to the contrary. Neither the Company, the Subsidiary Guarantors nor the Trustee shall have any responsibility or obligation to any participant in the Depositary, any Person claiming a beneficial ownership interest in the Securities under or through the Depositary or any such participant, or any other Person which is not shown on the Security Register as being a Holder, with respect to either the Securities, the accuracy of any records maintained by the Depositary or any such participant, the payment by the Depositary or any such participant of any amount in respect of the principal of or interest on the Securities, any notice which is permitted or required to be given to Holders under the Indenture, any consent given or other action taken by the Depositary as Holder, or any selection by the Depositary of any participant or other Person to receive payment of principal, interest or redemption or purchase price of the Securities.
Appears in 2 contracts
Samples: Lear Corp, Lear Argentine Holdings Corp #2
Optional Extension of Maturity. The provisions of this Section 308 may be made applicable to any series of Securities pursuant to Section 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 301). The Stated Maturity Date of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the final maturity date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 but not more than 60 90 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”). If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "“Extension Notice"”) indicating (i) the election of the Company to extend the Maturity, (ii) the new Stated MaturityMaturity Date, (iii) the interest rate applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's ’s transmittal of the Extension Notice, the Stated Maturity Date of such Security shall will be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 106, notice of such higher interest rate to the Holder of such Security. Such notice shall will be irrevocable. All Securities with respect to which the Stated Maturity Date is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall will be at least 25 but not more than 35 days prior to the Original Stated Maturity Date and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, may by written notice to the Trustee, Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated MaturityMaturity Date.
Appears in 2 contracts
Optional Extension of Maturity. The provisions of this Section 308 may be made applicable to any series of Securities pursuant to Section 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 45 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity"). If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "Extension Notice") indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (or spread, spread multiplier or other formula to calculate such interest rate, if applicable), if any, applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate (or spread, spread multiplier or other formula to calculate such interest rate, if applicable) provided for in the Extension Notice and establish a higher interest rate (or spread, spread multiplier or other formula to calculate such higher interest rate, if applicable) for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 106, notice of such higher interest rate (or spread, spread multiplier or other formula to calculate such interest rate, if applicable) to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Stated Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Stated Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, may by written notice to the Trustee, Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 2 contracts
Optional Extension of Maturity. The provisions of this Section 308 3.08 may be made applicable to any series of Securities pursuant to Section 301 3.01 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3013.01). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 but not more than 60 75 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity"). If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 1061.06, to the Holder of any such Security not later than 40 days prior to the Original Stated Maturity a notice (the "Extension Notice") indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate rate, if any, applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 1061.06, notice of such higher interest rate to the Holder of any such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Stated Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus any interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Stated Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, may by written notice to the Trustee, Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 2 contracts
Samples: Indenture (Bergen Brunswig Corp), Indenture (Bergen Brunswig Corp)
Optional Extension of Maturity. The provisions of this Section 308 may be made applicable to any series of Securities pursuant to Section 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "“Final Maturity"”) set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 45 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”). If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 106, to the Holder of such Security not later than 40 35 days prior to the Original Stated Maturity a notice (the "“Extension Notice") ”), prepared by the Company, indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (or spread, spread multiplier or other formula to calculate such interest rate, if applicable), if any, applicable to the Extension Period Period, and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's ’s transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate (or spread, spread multiplier or other formula to calculate such interest rate, if applicable) provided for in the Extension Notice and establish a higher interest rate (or spread, spread multiplier or other formula to calculate such higher interest rate, if applicable) for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 106, notice of such higher interest rate (or spread, spread multiplier or other formula to calculate such interest rate, if applicable) to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Stated Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Stated Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, may by written notice to the Trustee, Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 2 contracts
Samples: Indenture (Suro Capital Corp.), Indenture (GSV Capital Corp.)
Optional Extension of Maturity. The provisions of this Section 308 may be made applicable to any series of Securities pursuant to Section 301 (with such modificationsIf so specified on the face hereof, additions or substitutions as may be specified pursuant to such Section 301). The the Stated Maturity of any Security of such series this Note may be extended at the option of the Company for the period or periods of from one to five whole years specified on the face of such Security hereof (each an "Extension Period") up to but not beyond the date (the "Final MaturityMaturity Date") set forth on the face of such Securityhereof. The Company may exercise such option with respect to any Security this Note by notifying the Trustee of such exercise at least 50 45 but not more than 60 calendar days prior to the Stated Maturity of such Security this Note in effect prior to the exercise of such option (the "Original Stated MaturityMaturity Date"). If the Company exercises so notifies the Trustee of such optionexercise, the Trustee shall transmitwill send, in the manner provided for in Section 106, to the Holder of such Security not later than 40 calendar days prior to the Original Stated Maturity Date, by telegram, telex, facsimile transmission, hand delivery or letter (first class, postage prepaid) to the Holder of this Note, a notice (the "Extension Notice") indicating (i) the election of that the Company has elected to extend the MaturityStated Maturity of this Note, (ii) the new Stated Maturity, (iii) the interest rate Spread and/or Spread Multiplier applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period, including the date or dates on which or the period or periods during which and the price or prices at which such redemption may occur during such Extension Period. Upon the Trustee's transmittal sending of the Extension Notice, the Stated Maturity of such Security this Note shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraphtwo paragraphs, such Security this Note will have the same terms as prior to the transmittal sending of such Extension Notice. Notwithstanding the foregoing, not later than 20 calendar days before prior to the Original Stated Maturity Date of such Securitythis Note, the Company may, at its option, revoke the interest rate Spread and/or Spread Multiplier provided for in the Extension Notice and establish a Spread and/or Spread Multiplier resulting in a higher interest rate for the Extension Period by causing the Trustee to transmitsend by telegram, in the manner provided for in Section 106telex, facsimile transmission, hand delivery or letter (first class, postage prepaid) notice of such Spread and/or Spread Multiplier resulting in a higher interest rate to the Holder of such Securitythis Note. Such notice shall be irrevocable. All Securities Notes with respect to which the Stated Maturity is extended will bear such Spread and/or Spread Multiplier resulting in a higher interest raterate for the Extension Period, whether or not tendered for repayment as provided in the next paragraph. If the Company extends elects to extend the Stated Maturity of any Securitythis Note, the Holder will have the option to elect repayment of such Security this Note by the Company on the Original Stated Maturity Date at a price equal to the principal amount thereofhereof, plus interest accrued and unpaid thereon to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereofDate, the Holder must follow the procedures set forth in Article Thirteen under Section 12 for repayment at the option of Holdersoptional repayment, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 calendar days prior to the Original Stated Maturity and except that, if the Date. A Holder who has tendered any Security this Note for repayment pursuant to following receipt of an Extension Notice, the Holder may, Notice may revoke such tender for repayment by written notice to the TrusteeTrustee received prior to 5:00 P.M., revoke such tender for repayment until the close of business New York City time, on the tenth calendar day before prior to the Original Stated MaturityMaturity Date.
Appears in 2 contracts
Samples: Indenture (Polaroid Corp), Polaroid Corp
Optional Extension of Maturity. The provisions of this Section 308 may be made applicable to any series of Securities pursuant to Section 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 45 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity"). If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 106, to the Holder of such Security not later than 40 35 days prior to the Original Stated Maturity a notice (the "Extension Notice") indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (or spread, spread multiplier or other formula to calculate such interest rate, if applicable), if any, applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate (or spread, spread multiplier or other formula used to calculate such interest rate, if applicable) provided for in the Extension Notice and establish a higher interest rate (or spread, spread multiplier or other formula used to calculate such higher interest rate, if applicable) for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 106, notice of such higher interest rate (or spread, spread multiplier or other formula used to calculate such interest rate, if applicable) to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Stated Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Stated Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 30 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, may by written notice to the Trustee, Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 2 contracts
Samples: Indenture (Pseg Energy Holdings Inc), Pseg Fossil LLC
Optional Extension of Maturity. The provisions of this Section 308 3.08 may be made applicable to any series of Securities pursuant to Section 301 3.01 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3013.01). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "“Final Maturity"”) set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 45 but not more than 60 calendar days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”). If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 1061.06, to the Holder of such Security not later than 40 calendar days prior to the Original Stated Maturity a notice (the "“Extension Notice") ”), prepared by the Company, indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (or spread, spread multiplier or other formula to calculate such interest rate, if applicable), if any, applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's ’s transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 calendar days before the Original Stated Maturity (or if 20 calendar days does not fall on a Business Day, the next succeeding Business Day) of such Security, the Company may, at its option, revoke the interest rate (or spread, spread multiplier or other formula to calculate such interest rate, if applicable) provided for in the Extension Notice and establish a higher interest rate (or spread, spread multiplier or other formula to calculate such higher interest rate, if applicable) for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 1061.06, notice of such higher interest rate (or spread, spread multiplier or other formula to calculate such interest rate, if applicable) to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Stated Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Stated Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 calendar days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, may by written notice to the Trustee, Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 2 contracts
Samples: Indenture (THL Credit, Inc.), Horizon Technology Finance Corp
Optional Extension of Maturity. The provisions of this Section 308 may be made applicable to any series of Securities pursuant to Section 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "“Final Maturity"”) set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 45 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”). If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 106, to the Holder of such Security not later than 40 35 days prior to the Original Stated Maturity a notice (the "“Extension Notice") ”), prepared by the Company, indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (or spread, spread multiplier or other formula to calculate such interest rate, if applicable), if any, applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's ’s transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such SecuritySecurity (or if 20 days does not fall on a Business Day, the next succeeding Business Day), the Company may, at its option, revoke the interest rate (or spread, spread multiplier or other formula to calculate such interest rate, if applicable) provided for in the Extension Notice and establish a higher interest rate (or spread, spread multiplier or other formula to calculate such higher interest rate, if applicable) for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 106, notice of such higher interest rate (or spread, spread multiplier or other formula to calculate such interest rate, if applicable) to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Stated Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Stated Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, may by written notice to the Trustee, Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 2 contracts
Samples: Indenture (Terra Property Trust, Inc.), Indenture (Terra Property Trust, Inc.)
Optional Extension of Maturity. The provisions of this Section 308 may be made applicable to any series of Securities pursuant to Section 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "“Final Maturity"”) set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”). If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice prepared by the Company (the "“Extension Notice"”) indicating (i) the election of the Company to extend the Maturity, (ii) the new Stated Maturity, (iii) the interest rate applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's ’s transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 106, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, may by written notice to the Trustee, Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 2 contracts
Samples: Indenture (Nova Chemicals Corp /New), Indenture (Nova Chemicals Corp /New)
Optional Extension of Maturity. The provisions of this Section 308 3.08 may be made applicable to any series of Securities pursuant to Section 301 3.01 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3013.01). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 but not more than 60 75 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity"). If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 1061.06, to the Holder of any such Security not later than 40 days prior to the Original Stated Maturity a notice (the "Extension Notice") indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate rate, if any, applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 1061.06, notice of such higher interest rate to the Holder of any such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Stated Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Stated Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, may by written notice to the Trustee, Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 2 contracts
Samples: Indenture (Bergen Brunswig Corp), Indenture (Bergen Brunswig Corp)
Optional Extension of Maturity. The provisions of this ------------------------------ Section 308 may be made applicable to any series of Securities pursuant to Section 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 301). The Stated Maturity Date of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity"). If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "Extension Notice") indicating (i) the election of the Company to extend the Maturity, (ii) the new Stated MaturityMaturity Date, (iii) the interest rate applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's transmittal of the Extension Notice, the Stated Maturity Date of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 106, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity Date is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity Date and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, may by written notice to the Trustee, Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated MaturityMaturity Date.
Appears in 2 contracts
Samples: Indenture (United Technologies Corp /De/), United Technologies Corp /De/
Optional Extension of Maturity. The provisions of this Section 308 3.12 may be made applicable to any series of Securities pursuant to Section 301 3.01 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3013.01). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "“Final Maturity"”) set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 45 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”). If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 1061.06, to the Holder of any such Security not later than 40 days prior to the Original Stated Maturity a notice (the "“Extension Notice"”) indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate rate, if any, applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's ’s transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 1061.06, notice of such higher interest rate to the Holder of any such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Stated Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Stated Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen Fourteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, may by written notice to the Trustee, Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 2 contracts
Samples: Indenture (Meritor, Inc. (Nev)), Meritor Electric Vehicles, LLC
Optional Extension of Maturity. The provisions of this Section 308 may be made applicable to any series of Securities pursuant to Section 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "Extension Period") up to but not beyond the final maturity date (the "Final Maturity") of Maturity as set forth on the face of such SecuritySecurity (the "Stated Maturity"). The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity")option. If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "Extension Notice") indicating (i) the election of the Company to extend the Maturity, (ii) the new Stated Maturity, (iii) the interest rate rate, if any, applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 106, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated at Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated at Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, may by written notice to the Trustee, Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 2 contracts
Samples: American Axle & Manufacturing Inc, American Axle & Manufacturing Holdings Inc
Optional Extension of Maturity. The provisions of this Section 308 may be made applicable to any series of Securities pursuant to Section 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the final maturity date (the "Final Maturity") of Maturity as set forth on the face of such SecuritySecurity (the “Stated Maturity”). The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity")option. If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "“Extension Notice"”) indicating (i) the election of the Company to extend the Maturity, (ii) the new Stated Maturity, (iii) the interest rate rate, if any, applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's ’s transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 106, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated at Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated at Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, may by written notice to the Trustee, Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 2 contracts
Samples: Indenture (American Axle & Manufacturing Holdings Inc), Indenture (American Axle & Manufacturing Holdings Inc)
Optional Extension of Maturity. The provisions of this Section 308 may be made applicable to any series of Securities pursuant to Section 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "“Final Maturity"”) set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 45 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity")”) and delivering to the Trustee an Officers’ Certificate and Opinion of Counsel. If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "“Extension Notice") ”), prepared by the Company, indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (or spread, spread multiplier or other formula to calculate such interest rate, if applicable), if any, applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's ’s transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity (or if the twentieth day prior to the Original Stated Maturity does not fall on a Business Day, not later than the next succeeding Business Day) of such Security, the Company may, at its option, revoke the interest rate (or spread, spread multiplier or other formula to calculate such interest rate, if applicable) provided for in the Extension Notice and establish a higher interest rate (or spread, spread multiplier or other formula to calculate such higher interest rate, if applicable) for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 106, notice of such higher interest rate (or spread, spread multiplier or other formula to calculate such interest rate, if applicable) to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Stated Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Stated Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, may by written notice to the Trustee, Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 2 contracts
Samples: Indenture (Main Street Capital CORP), Indenture (Main Street Capital CORP)
Optional Extension of Maturity. The provisions of this Section 308 may be made applicable to any series of Securities pursuant to Section 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "“Final Maturity"”) set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 45 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”). If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 106, to the Holder of such Security not later than 40 35 days prior to the Original Stated Maturity a notice (the "“Extension Notice") ”), prepared by the Company, indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (or spread, spread multiplier or other formula to calculate such interest rate, if applicable), if any, applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's ’s transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity (or if 20 days does not fall on a Business Day, the next succeeding Business Day) of such Security, the Company may, at its option, revoke the interest rate (or spread, spread multiplier or other formula to calculate such interest rate, if applicable) provided for in the Extension Notice and establish a higher interest rate (or spread, spread multiplier or other formula to calculate such higher interest rate, if applicable) for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 106, notice of such higher interest rate (or spread, spread multiplier or other formula to calculate such interest rate, if applicable) to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Stated Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Stated Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, may by written notice to the Trustee, Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 2 contracts
Samples: Indenture (FS Investment CORP), Indenture (CM Finance Inc)
Optional Extension of Maturity. The provisions of this Section 308 3.08 may be made applicable to any series of Securities pursuant to Section 301 3.01 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3013.01). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "“Final Maturity"”) set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 45 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”). If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 1061.06, to the Holder of such Security not later than 40 35 days prior to the Original Stated Maturity a notice (the "“Extension Notice") ”), prepared by the Company, indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (or spread, spread multiplier or other formula to calculate such interest rate, if applicable), if any, applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's ’s transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate (or spread, spread multiplier or other formula to calculate such interest rate, if applicable) provided for in the Extension Notice and establish a higher interest rate (or spread, spread multiplier or other formula to calculate such higher interest rate, if applicable) for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 1061.06, notice of such higher interest rate (or spread, spread multiplier or other formula to calculate such interest rate, if applicable) to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Stated Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Stated Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, may by written notice to the Trustee, Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 2 contracts
Samples: Indenture Agreement (TriplePoint Venture Growth BDC Corp.), Indenture Agreement (TriplePoint Venture Growth BDC Corp.)
Optional Extension of Maturity. The provisions of this Section 308 3.8 may be made applicable to any series of Securities pursuant to Section 301 3.1 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3013.1). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the final maturity date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise (and of the information described in the immediately succeeding sentence) at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”). If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 1061.6, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "“Extension Notice"”) prepared by the Company indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate rate, if any, applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's ’s transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 1061.6, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Stated Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Stated Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, may by written notice to the Trustee, Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 2 contracts
Samples: Hologic Inc, Hologic Inc
Optional Extension of Maturity. The provisions of this Section 308 may be made applicable to any series of Securities pursuant to Section 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 301). The Stated Maturity of any Security of such series may be extended at the option of the Company Corporation for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "“Final Maturity"”) set forth on the face of such Security. The Company Corporation may exercise such option with respect to any Security by notifying the Trustee Trustees of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”), which notice shall set forth the specific information to be contained in the Extension Notice (as defined below). If the Company Corporation exercises such option, the Trustee Trustees shall transmit, in the manner provided for in Section 106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "“Extension Notice"”) indicating (i) the election of the Company Corporation to extend the Maturity, (ii) the new Stated Maturity, (iii) the interest rate applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's Trustees’ transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company Corporation may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustee Trustees to transmit, in the manner provided for in Section 106, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company Corporation extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company Corporation on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company Corporation has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to one of the Trustee Trustees shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, may by written notice to one of the Trustee, Trustees revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 2 contracts
Samples: Indenture (Fairfax Financial Holdings LTD/ Can), Fairfax Financial Holdings LTD/ Can
Optional Extension of Maturity. The provisions of this Section 308 3.08 may be made applicable to any series of Securities pursuant to Section 301 3.01 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3013.01). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "“Final Maturity"”) set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 45 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”). If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 1061.07, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "“Extension Notice"”) indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate rate, if any, applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's ’s transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 1061.07, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Stated Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Stated Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, may by written notice to the Trustee, Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 2 contracts
Samples: Indenture (Sea Containers LTD /Ny/), Sea Containers LTD /Ny/
Optional Extension of Maturity. The provisions of this Section 308 may be made applicable to any series of Securities pursuant to Section 301 (with such modificationsIf so specified on the face hereof, additions or substitutions as may be specified pursuant to such Section 301). The the Stated Maturity of any Security of such series this Note may be extended at the option of the Company for the period or periods of from one to five whole years specified on the face of such Security hereof (each an "Extension Period") up to but not beyond the date (the "Final MaturityMaturity Date") set forth on the face of such Securityhereof. The Company may exercise such option with respect to any Security this Note by notifying the Trustee of such exercise at least 50 45 but not more than 60 calendar days prior to the Stated Maturity of such Security this Note in effect prior to the exercise of such option (the "Original Stated MaturityMaturity Date"). If the Company exercises so notifies the Trustee of such optionexercise, the Trustee shall transmitwill send, in the manner provided for in Section 106, to the Holder of such Security not later than 40 calendar days prior to the Original Stated Maturity Date, by telegram, telex, facsimile transmission, hand delivery or letter (first class, postage prepaid) to the Holder of this Note, a notice (the "Extension Notice") indicating (i) the election of that the Company has elected to extend the MaturityStated Maturity of this Note, (ii) the new Stated Maturity, (iii) the interest rate applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period, including the date or dates on which or the period or periods during which and the price or prices at which such redemption may occur during such Extension Period. Upon the Trustee's transmittal sending of the Extension Notice, the Stated Maturity of such Security this Note shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraphtwo paragraphs, such Security this Note will have the same terms as prior to the transmittal sending of such Extension Notice. Notwithstanding the foregoing, not later than 20 calendar days before prior to the Original Stated Maturity Date of such Securitythis Note, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustee to transmitsend by telegram, in the manner provided for in Section 106telex, facsimile transmission, hand delivery or letter (first class, postage prepaid) notice of such higher interest rate to the Holder of such Securitythis Note. Such notice shall be irrevocable. All Securities Notes with respect to which the Stated Maturity is extended will bear such higher interest raterate for the Extension Period, whether or not tendered for repayment as provided in the next paragraph. If the Company extends elects to extend the Stated Maturity of any Securitythis Note, the Holder will have the option to elect repayment of such Security this Note by the Company on the Original Stated Maturity Date at a price equal to the principal amount thereofhereof, plus interest accrued and unpaid thereon to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereofDate, the Holder must follow the procedures set forth in Article Thirteen under Section 13 for repayment at the option of Holdersoptional repayment, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 calendar days prior to the Original Stated Maturity and except that, if the Date. A Holder who has tendered any Security this Note for repayment pursuant to following receipt of an Extension Notice, the Holder may, Notice may revoke such tender for repayment by written notice to the TrusteeTrustee received prior to 5:00 P.M., revoke such tender for repayment until the close of business New York City time, on the tenth calendar day before prior to the Original Stated MaturityMaturity Date.
Appears in 2 contracts
Samples: Indenture (Polaroid Corp), Polaroid Corp
Optional Extension of Maturity. The provisions of this Section 308 may be made applicable to any series of Securities pursuant to Section 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "“Final Maturity"”) set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 45 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”). If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "“Extension Notice") ”), prepared by the Company, indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (or spread, spread multiplier or other formula to calculate such interest rate, if applicable), if any, applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's ’s transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate (or spread, spread multiplier or other formula to calculate such interest rate, if applicable) provided for in the Extension Notice and establish a higher interest rate (or spread, spread multiplier or other formula to calculate such higher interest rate, if applicable) for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 106, notice of such higher interest rate (or spread, spread multiplier or other formula to calculate such interest rate, if applicable) to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Stated Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Stated Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, may by written notice to the Trustee, Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity. SECTION 309. Persons Deemed Owners. Prior to due presentment of a Registered Security for registration of transfer, the Company, the Trustee and any agent of the Company or the Trustee shall treat the Person in whose name such Registered Security is registered as the owner of such Registered Security for the purpose of receiving payment of principal of (and premium, if any) and (subject to Sections 305 and 307) interest, if any, on such Registered Security and for all other purposes whatsoever, whether or not such Registered Security be overdue, and neither the Company, the Trustee nor any agent of the Company or the Trustee shall be affected by notice to the contrary. Title to any Bearer Security and any coupons appertaining thereto shall pass by delivery. The Company, the Trustee and any agent of the Company or the Trustee may treat the bearer of any Bearer Security and the bearer of any coupon as the absolute owner of such Security or coupon for the purpose of receiving payment thereof or on account thereof and for all other purposes whatsoever, whether or not such Security or coupon be overdue, and neither the Company, the Trustee nor any agent of the Company or the Trustee shall be affected by notice to the contrary. None of the Company, the Trustee, any Paying Agent or the Security Registrar will have any responsibility or liability for any aspect of the records relating to or payments made on account of beneficial ownership interests of a Security in global form or for maintaining, supervising or reviewing any records relating to such beneficial ownership interests. Notwithstanding the foregoing, with respect to any global temporary or permanent Security, nothing herein shall prevent the Company, the Trustee, or any agent of the Company or the Trustee, from giving effect to any written certification, proxy or other authorization furnished by any depositary, as a Holder, with respect to such global Security or impair, as between such depositary and owners of beneficial interests in such global Security, the operation of customary practices governing the exercise of the rights of such depositary (or its nominee) as Holder of such global Security.
Appears in 1 contract
Samples: Indenture (Medley Capital Corp)
Optional Extension of Maturity. The provisions of this Section 308 may be made applicable to any series of Securities pursuant to Section 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "“Final Maturity"”) set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 45 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”). If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 106, to the Holder of such Security not later than 40 35 days prior to the Original Stated Maturity a notice (the "“Extension Notice") ”), prepared by the Company, indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (or spread, spread multiplier or other formula to calculate such interest rate, if applicable), if any, applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's ’s transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate (or spread, spread multiplier or other formula to calculate such interest rate, if applicable) provided for in the Extension Notice and establish a higher interest rate (or spread, spread multiplier or other formula to calculate such higher interest rate, if applicable) for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 106, notice of such higher interest rate (or spread, spread multiplier or other formula to calculate such interest rate, if applicable) to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Stated Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Stated Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, may by written notice to the Trustee, Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 1 contract
Samples: Indenture (FIDUS INVESTMENT Corp)
Optional Extension of Maturity. The provisions of this Section 308 may be made applicable to any series of Securities pursuant to Section 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "“Final Maturity"”) set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”). If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "“Extension Notice"”) in a form provided by the Company indicating (i) the election of the Company to extend the Maturity, (ii) the new Stated Maturity, (iii) the interest rate applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's ’s transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 106, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, by written notice to the Trustee, revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity. Section 309. Persons Deemed Owners. Prior to due presentment of a Security for registration of transfer, the Company, the Trustee and any agent of the Company or the Trustee may treat the Person in whose name such Security is registered on the applicable record date as the owner of such Security for the purpose of receiving payment of principal of and any premium and (subject to Section 307) any interest on such Security and for all other purposes whatsoever, whether or not such Security be overdue, and neither the Company, the Trustee nor any agent of the Company or the Trustee shall be affected by notice to the contrary.
Appears in 1 contract
Samples: Indenture (Cleco Power LLC)
Optional Extension of Maturity. The provisions of this Section 308 3.12 may be made applicable to any series of Securities pursuant to Section 301 3.01 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3013.01). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 45 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity"). If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 1061.06, to the Holder of any such Security not later than 40 days prior to the Original Stated Maturity a notice (the "Extension Notice") indicating (i) the election of the Company to extend the Maturity, (ii) the new Stated Maturity, (iii) the interest rate applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 1061.06, notice of such higher interest rate to the Holder of any such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Stated Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Stated Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen Fourteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, may by written notice to the Trustee, Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 1 contract
Samples: Rockwell International Corp
Optional Extension of Maturity. The provisions of this Section 308 may be made applicable to any series of Securities pursuant to Section 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods If so specified on the face hereof, the Company may extend the Stated Maturity of such Security this Subordinated Note for one or more periods, as specified on the face hereof (each each, an "Extension Period") ), up to but not beyond the date (the "Final MaturityMaturity Date") set forth specified on the face of such Securityhereof. The Company may exercise such option with respect to any Security this Subordinated Note by notifying the Trustee of such exercise at least 50 45 days but not more than 60 days prior to the Stated Maturity of such Security this Subordinated Note in effect prior to the exercise of such option (the "Original Stated Maturity")option. If the Company exercises so notifies the Trustee of such optionexercise, the Trustee shall transmitwill mail (first class, in the manner provided for in Section 106postage prepaid), to the Holder of such Security not later than 40 days prior to the Original Stated Maturity then in effect to the Holder of this Subordinated Note a notice (the "Extension Notice") indicating relating to such Extension Period setting forth: (i) the Company's election of the Company to extend the MaturityStated Maturity of this Subordinated Note, (ii) the new Stated MaturityMaturity (which shall then be considered the Stated Maturity for all purposes of this Subordinated Note), (iii) the interest rate Spread and/or Spread Multiplier applicable to the such Extension Period and (iv) the provisions, if any, for redemption during such Extension Period, including the date or dates on which or the period or periods during which and the price or prices at which such redemption may occur during such Extension Period. Upon the Trustee's transmittal mailing of the Extension Notice, the Stated Maturity of such Security shall this Subordinated Note will be extended automatically and, except as modified by the Extension Notice and as described in the next paragraphtwo paragraphs, such Security this Subordinated Note will have the same terms as prior to the transmittal mailing of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before prior to the Original Stated Maturity of such Securitythis Subordinated Note which was in effect prior to the mailing of an Extension Notice, the Company may, at its option, revoke the interest rate Spread and/or Spread Multiplier provided for in the Extension Notice and establish a higher interest rate Spread and/or Spread Multiplier for the Extension Period by mailing or causing the Trustee to transmitmail (first class, in the manner provided for in Section 106, postage prepaid) notice of such higher interest rate Spread and/or Spread Multiplier to the Holder of such Securitythis Subordinated Note. Such notice shall will be irrevocable. All Securities Subordinated Notes with respect to which the Stated Maturity is extended will bear such higher interest rateSpread and/or Spread Multiplier for the Extension Period, whether or not tendered for repayment as provided in the next paragraph. If the Company extends elects to extend the Stated Maturity of any Securitythis Subordinated Note, the Holder will have the option to elect repayment of such Security by the Company this Subordinated Note, in whole but not in part, on the Original Stated Maturity in effect prior to the mailing of the Extension Notice at a price equal to the principal amount thereofhereof, plus accrued interest accrued to such date. In order for this Subordinated Note to obtain repayment be so repaid on the Original Stated Maturity once in effect prior to the Company has extended mailing of the Maturity thereofExtension Notice, the Holder of this Subordinated Note must follow the procedures set forth in Article Thirteen specified under Section 4 for repayment at the option of Holdersoptional repayment, except that the period for delivery of this Subordinated Note or notification to the Trustee shall will be at least 25 days but not more than 35 days prior to the Original such Stated Maturity and except that, if Maturity. If the Holder has tendered any Security this Subordinated Note for repayment pursuant to following receipt of an Extension Notice, the Holder may, may revoke such tender for repayment by written notice to the Trustee, revoke such tender for repayment until Trustee received prior to the close of business business, on the tenth day before the Original prior to such Stated Maturity.
Appears in 1 contract
Optional Extension of Maturity. The provisions of this Section 308 may be made applicable to any series of Securities pursuant to Section 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods If so specified on the face hereof, the Company may extend the Stated Maturity of such Security this Subordinated Note for one or more periods, as specified on the face hereof (each each, an "Extension Period") ), up to but not beyond the date (the "Final MaturityMaturity Date") set forth specified on the face of such Securityhereof. The Company may exercise such option with respect to any Security this Subordinated Note by notifying the Trustee of such exercise at least 50 45 days but not more than 60 days prior to the Stated Maturity of such Security this Subordinated Note in effect prior to the exercise of such option (the "Original Stated Maturity")option. If the Company exercises so notifies the Trustee of such optionexercise, the Trustee shall transmitwill mail (first class, in the manner provided for in Section 106postage prepaid), to the Holder of such Security not later than 40 days prior to the Original Stated Maturity then in effect, to the Holder of this Subordinated Note a notice (the "Extension Notice") indicating relating to such Extension Period setting forth: (i) the Company's election of the Company to extend the MaturityStated Maturity of this Subordinated Note, (ii) the new Stated MaturityMaturity (which shall then be considered the Stated Maturity for all purposes of this Subordinated Note), (iii) the interest rate applicable to the such Extension Period and (iv) the provisions, if any, for redemption during such Extension Period, including the date or dates on which or the period or periods during which and the price or prices at which such redemption may occur during such Extension Period. Upon the Trustee's transmittal mailing of the Extension Notice, the Stated Maturity of such Security shall this Subordinated Note will be extended automatically and, except as modified by the Extension Notice and as described in the next paragraphtwo paragraphs, such Security this Subordinated Note will have the same terms as prior to the transmittal mailing of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before prior to the Original Stated Maturity of such Securitythis Subordinated Note which was in effect prior to the mailing of an Extension Notice, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by mailing or causing the Trustee to transmitmail (first class, in the manner provided for in Section 106, postage prepaid) notice of such higher interest rate to the Holder of such Securitythis Subordinated Note. Such notice shall will be irrevocable. All Securities Subordinated Notes with respect to which the Stated Maturity is extended will bear such higher interest raterate for the Extension Period, whether or not tendered for repayment as provided in the next paragraph. If the Company extends elects to extend the Stated Maturity of any Securitythis Subordinated Note, the Holder will have the option to elect repayment of such Security by the Company this Subordinated Note, in whole but not in part, on the Original Stated Maturity in effect prior to the mailing of the Extension Notice at a price equal to the principal amount thereofhereof, plus accrued interest accrued to such date. In order for this Subordinated Note to obtain repayment be so repaid on the Original Stated Maturity once in effect prior to the Company has extended mailing of the Maturity thereofExtension Notice, the Holder of this Subordinated Note must follow the procedures set forth in Article Thirteen specified under Paragraph 4 for repayment at the option of Holdersoptional repayment, except that the period for delivery of this Subordinated Note or notification to the Trustee shall will be at least 25 days but not more than 35 days prior to the Original such Stated Maturity and except that, if Maturity. If the Holder has tendered any Security this Subordinated Note for repayment pursuant to following receipt of an Extension Notice, the Holder may, may revoke such tender for repayment by written notice to the Trustee, revoke such tender for repayment until Trustee received prior to the close of business business, on the tenth day before the Original prior to such Stated Maturity.
Appears in 1 contract
Optional Extension of Maturity. The provisions of this Section 308 may be made applicable to any series of Securities pursuant to Section 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 45 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity"). If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 106107, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "Extension Notice") indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate rate, if any, applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 106107, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Stated Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Stated Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee provided in Section 1303 shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, may by written notice to the Trustee, Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity. SECTION 309. PERSONS DEEMED OWNERS. Prior to due presentment of a Registered Security for registration of transfer, the Company, the Trustee and any agent of the Company or the Trustee may treat the Person in whose name such Registered Security is registered as the owner of such Security for the purpose of receiving payment of principal of (and premium, if any) and (subject to Sections 305 and 307) interest, if any, on, such Registered Security and for all other purposes whatsoever, whether or not such Registered Security be overdue, and neither the Company, the Trustee nor any agent of the Company or the Trustee shall be affected by notice to the contrary. Title to any Bearer Security and any coupons appertaining thereto shall pass by delivery. The Company, the Trustee and any agent of the Company or the Trustee may treat the bearer of any Bearer Security and the bearer of any coupon as the absolute owner of such Security or coupon for the purpose of receiving payment thereof or on account thereof and for all other purposes whatsoever, whether or not such Security or coupon be overdue, and neither the Company, the Trustee nor any agent of the Company or the Trustee shall be affected by notice to the contrary. None of the Company, the Trustee, any Paying Agent or the Security Registrar will have any responsibility or liability for any aspect of the records relating to or payments made on account of beneficial ownership interests of a Security in global form or for maintaining, supervising or reviewing any records relating to such beneficial ownership interests. Notwithstanding the foregoing, with respect to any global Security, nothing herein shall prevent the Company, the Trustee, or any agent of the Company or the Trustee, from giving effect to any written certification, proxy or other authorization furnished by any depositary, as a Holder, with respect to such global Security or impair, as between such depositary and owners of beneficial interests in such global Security, the operation of customary practices governing the exercise of the rights of such depositary (or its nominee) as Holder of such global Security.
Appears in 1 contract
Samples: Avnet Inc
Optional Extension of Maturity. The provisions of this Section 308 may be made applicable to any series of Securities pursuant to Section 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "“Final Maturity"”) set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”). If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "“Extension Notice"”) indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate rate, if any, applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's ’s transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate rate, if any, provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 106, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Stated Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Stated Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, may by written notice to the Trustee, Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 1 contract
Optional Extension of Maturity. The provisions of this Section 308 312 may be made applicable to any series of Securities pursuant to Section 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "“Final Maturity"”) set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”). If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "“Extension Notice"”) indicating (i) the election of the Company to extend the Maturity, (ii) the new Stated MaturityMaturity Date, (iii) the interest rate applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's ’s transmittal of the Extension Notice, the Stated Maturity Date of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 106, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the outstanding principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder of an Outstanding Security must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, as such applies to the Securities of such series, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, may by written notice to the Trustee, Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated MaturityMaturity unless the Trustee has previously delivered repayment of such Security to such Holder. SECTION 313 CUSIP and ISIN Numbers. The Company in issuing the Securities may use one or more “CUSIP” and “ISIN” numbers (if then generally in use), and, if the Company does so, the Trustee shall use the CUSIP number(s) and ISIN numbers in notices of redemption or exchange as a convenience to Holders, provided, that any such notice may state that no representation is made as to the correctness or accuracy of the CUSIP and ISIN number(s) printed in the notice or on the Securities, and that reliance may be placed only on the other identification numbers printed on the Securities, and that any such redemption or exchange shall not be affected by any defect in or omission of any such numbers.
Appears in 1 contract
Samples: Indenture (PHH Corp)
Optional Extension of Maturity. The provisions of this Section 308 may be made applicable to any series of Securities pursuant to Section 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 301). The Stated Maturity of any Security of such series may be extended at the option of the Company Issuer for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company Issuer may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”). If the Company Issuer exercises such option, the Trustee shall transmit, in the manner provided for in Section 106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "“Extension Notice"”) indicating (i) the election of the Company Issuer to extend the Maturity, (ii) the new Stated Maturity, (iii) the interest rate rate, if any, applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's ’s transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company Issuer may, at its option, revoke the interest rate rate, if any, provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 106, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company Issuer extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company Issuer on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company Issuer has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, may by written notice to the Trustee, Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 1 contract
Samples: Cooper Offshore Holdings S.a.r.l.
Optional Extension of Maturity. The provisions of this Section 308 3.12 may be made applicable to any series of Securities pursuant to Section 301 3.01 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3013.01). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 45 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity"). If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 1061.06, to the Holder of any such Security not later than 40 days prior to the Original Stated Maturity a notice provided to the Trustee by the Company (the "Extension Notice") indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate rate, if any, applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 1061.06, notice of such higher interest rate to the Holder of any such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Stated Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Stated Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen Fourteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, may by written notice to the Trustee, Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 1 contract
Samples: Rockwell Collins Inc
Optional Extension of Maturity. The provisions of this ------------------------------ Section 308 3.8 may be made applicable to any series of Securities pursuant to Section 301 3.1 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3013.1). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each each, an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 30 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity"). If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 1061.6, to the Holder of any such Security not later than 40 days prior to the Original Stated Maturity a notice (the "Extension Notice") indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate rate, if any, applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 1061.6, notice of such higher interest rate to the Holder of any such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Stated Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Stated Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, may by written notice to the Trustee, Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 1 contract
Samples: Indenture (Motorola Inc)
Optional Extension of Maturity. The provisions of this Section 308 may be made applicable to any series of Securities pursuant to Section 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 45 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity"). If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "Extension Notice") indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (or spread, spread multiplier or other formula to calculate such interest rate, if applicable), if any, applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate (or spread, spread multiplier or other formula used to calculate such interest rate, if applicable) provided for in the Extension Notice and establish a higher interest rate (or spread, spread multiplier or other formula used to calculate such higher interest rate, if applicable) for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 106, notice of such higher interest rate (or spread, spread multiplier or other formula used to calculate such interest rate, if applicable) to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Stated Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Stated Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, may by written notice to the Trustee, Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 1 contract
Samples: Pse&g Capital Trust Iii
Optional Extension of Maturity. The provisions of this Section 308 may be made applicable to any series of Securities pursuant to Section 301 (with such modificationsIf so specified on the face hereof, additions or substitutions as may be specified pursuant to such Section 301). The the Stated Maturity of any Security of such series this Note may be extended at the option of the Company for the period one or more periods of one or more years, as specified on the face of such Security hereof (each an "Extension Period") ), up to but not beyond the date (the "Final Maturity") set forth specified on the face of such Securityhereof. The Company may exercise such option with respect to any Security this Note by notifying the Trustee of such exercise at least 50 45 but not more than 60 calendar days prior to the Stated Maturity of such Security this Note in effect prior to the exercise of such option (the "Original Stated Maturity") or, if the Maturity of this Note has already been extended, prior to the Maturity then in effect (an "Extended Maturity"). If the Company exercises so notifies the Trustee of such optionexercise, the Trustee shall transmitwill send, in the manner provided for in Section 106, to the Holder of such Security not later than 40 calendar days prior to the Original Stated Maturity or an Extended Maturity (each a "Maturity Date"), by telegram, telex, facsimile transmission, hand delivery or letter (first class, postage prepaid) to the Holder of this Note a notice (the "Extension Notice") relating to such Extension Period indicating (i) the election of that the Company has elected to extend the Original Maturity or Extended Maturity, as applicable, of this Note, (ii) the new Stated MaturityMaturity Date, (iii) the interest rate applicable to the such Extension Period and (iv) the provisions, if any, for redemption during such Extension Period, including the date or dates on which or the period or periods during which and the price or prices at which such redemption may occur during such Extension Period. Upon the Trustee's transmittal sending of the Extension Notice, the Stated Maturity Date of such Security shall this Note will be extended automatically and, except as modified by the Extension Notice and as described in the next paragraphtwo paragraphs, such Security this Note will have the same terms as prior to the transmittal sending of such Extension Notice. Notwithstanding the foregoing, not later than 20 calendar days before prior to the Original Stated Maturity Date of such Securitythis Note which was in effect prior to the mailing of an Extension Notice, the Company may, at its option, revoke the interest rate provided for in the Extension Notice Note and establish a higher interest rate for the Extension Period by causing the Trustee to transmitsend by telegram, in the manner provided for in Section 106telex, facsimile transmission, hand delivery or letter (first class, postage prepaid) notice of such higher interest rate to the Holder of such Securitythis Note. Such notice shall will be irrevocable. All Securities Notes with respect to which the Stated Maturity Date is extended will bear such higher interest raterate for the Extension Period, whether or not tendered for repayment as provided in the next paragraph. If the Company extends the Maturity Date of any Securitythis Note, the Holder will have the option to elect repayment of such Security this Note, in whole but not in part by the Company on the Original Stated Maturity Date in effect prior to the mailing of the Extension Notice at a price equal to the principal amount thereofhereof, plus accrued and unpaid interest accrued to but excluding such date. In order for this Note to obtain repayment be so repaid on the Original Stated Maturity once Date in effect prior to the Company has extended mailing of the Maturity thereofExtension Notice, the Holder of this Note must follow the procedures set forth in Article Thirteen specified under Section 4 for repayment at the option of Holdersoptional repayment, except that the period for delivery of this Note or notification to the Trustee shall will be at least 25 but not more than 35 calendar days prior to the Original Stated Maturity and except that, if Date in effect prior to the mailing of the Extension Notice. If the Holder has tendered any Security this Note for repayment pursuant to following receipt of an Extension Notice, the Holder may, may revoke such tender for repayment by written notice to the TrusteeTrustee received prior to 5:00 p.m., revoke such tender for repayment until the close of business New York City time, on the tenth calendar day before prior to the Original Stated MaturityMaturity Date in effect prior to the mailing of the Extension Notice.
Appears in 1 contract
Samples: Maytag Corp
Optional Extension of Maturity. The provisions of this Section 308 may be made applicable to any series of Securities pursuant to Section 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "Final Maturity") Stated Maturity set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity")option. If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "“Extension Notice"”) indicating (i) the election of the Company to extend the Maturity, (ii) the new Stated Maturity, (iii) the interest rate rate, if any, applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's ’s transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 106, notice of such higher interest rate (or such higher spread or spread multiplier, if applicable) to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated at Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated at Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, may by written notice to the Trustee, Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.. 36
Appears in 1 contract
Samples: Indenture (pdvWireless, Inc.)
Optional Extension of Maturity. The provisions of this Section 308 may be made applicable to any series of Securities pursuant to Section 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "“Final Maturity"”) set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 45 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”). If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "“Extension Notice"”) indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate rate, if any, applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's ’s transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 106, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Stated Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Stated Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, may by written notice to the Trustee, Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 1 contract
Samples: Jetblue (Jetblue Airways Corp)
Optional Extension of Maturity. The provisions of this Section 308 may be made applicable to any series of Securities pursuant to Section 301 (with such modificationsIf so specified on the face hereof, additions or substitutions as may be specified pursuant to such Section 301). The the Stated Maturity of any Security of such series this Note may be extended at the option of the Company for the period or periods of whole years specified on the face of such Security hereof (each an "“Extension Period"”) up to but not beyond the date (the "“Final Maturity"”) set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity")hereof. If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 106, will mail to the Holder holder of such Security this Note at least 45 but not later more than 40 60 days prior to the Original old Stated Maturity a notice (the "“Extension Notice") ”), first class postage prepaid, indicating (ia) the election of the Company to extend the Maturity, ; (iib) the new Stated Maturity, ; (iiic) the interest rate applicable to the Extension Period Period; and (ivd) the provisions, if any, for redemption during the Extension Period, including the date or dates on which, the period or periods during which and the price or prices at which such redemption may occur during the Extension Period. Upon the Trustee's transmittal ’s mailing of the Extension Notice, the Stated Maturity of such Security this Note shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security this Note will have the same terms as prior to the transmittal mailing of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before 10:00 a.m., New York City time, on the Original Stated twentieth calendar day prior to the Maturity of then in effect (or, if such Securityday is not a Business Day, not later than 10:00 a.m., New York City time, on the immediately succeeding Business Day), the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustee Paying Agent to transmit, in the manner provided for in Section 106, send notice of such higher interest rate to the Holder holder of such SecurityNote by first class mail, postage prepaid, or by such other means as shall be agreed between the Company and the Paying Agent. Such notice shall be irrevocable. All Securities Notes with respect to which the Stated Maturity is extended in accordance with an Extension Notice will bear such higher interest rate. If the Company extends the Maturity of any Securitythis Note, the Holder holder will have the option to elect repayment of such Security by require the Company to repay such Note on the Original Stated Maturity then in effect at a price equal to the principal amount thereof, Outstanding thereof plus all accrued and unpaid interest accrued to such date. In order to obtain repayment on the Original old Stated Maturity once the Company has extended the Maturity thereofhereof, the Holder holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holdersoptional repayment, except that the period for delivery of this Note or notification to the Trustee Paying Agent shall be at least 25 but not more than 35 calendar days prior to the Original old Stated Maturity and except that, that if the Holder holder has tendered any Security this Note for repayment pursuant to an Extension Notice, the Holder holder may, by written notice to the TrusteePaying Agent, revoke any such tender for repayment until the close of business 3:00 p.m., New York City time, on the tenth twentieth calendar day before prior to the Original old Stated MaturityMaturity (or, if such day is not a Business Day, until 3:00 p.m., New York City time, on the immediately succeeding Business Day).
Appears in 1 contract
Samples: Amb Property Lp
Optional Extension of Maturity. The provisions of this Section 308 may be made applicable to any series of Securities pursuant to Section 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity"). If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "Extension Notice") indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate rate, if any, applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate rate, if any, provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 106, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Stated Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Stated Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen Fourteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, may by written notice to the Trustee, Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 1 contract
Samples: Indenture (Viacom Inc)
Optional Extension of Maturity. The provisions of this Section 308 may be made If so specified in the ------------------------------ applicable to any series of Securities pursuant to Section 301 (with such modificationsNote and Pricing Supplement, additions or substitutions as may be specified pursuant to such Section 301). The the Stated Maturity of any Security of such series Note may be extended at the option of the Company for Issuer, in the period or periods specified manner set forth below (unless otherwise provided on the face thereof), for that number of periods each of such Security length as provided in the applicable Note (each an "Extension Period") up to but not beyond the date (the "Final Maturity") Maturity Date set forth on in such Note. Unless otherwise specified in the face of such Security. The Company Applicable Note and Pricing Supplement, the Issuer may exercise such option with respect to any Security by notifying the Trustee Issuing and Paying Agent of such exercise at least 50 fifty (50) but not no more than 60 sixty (60) days prior to the Stated Maturity of such Security in effect prior to the such exercise of such option (the "Original Stated Maturity"). If the Company Issuer exercises such option, the Trustee shall transmitIssuing and Paying Agent will mail (by first class mail, in the manner provided for in Section 106, postage prepaid) to the Holder of such Security not the Note no later than 40 forty (40) days prior to the Original Stated Maturity a notice (the "Extension Notice") indicating relating to such Extension Period, setting forth (i) the election of the Company Issuer to extend the Original Stated Maturity, (ii) the new Stated MaturityMaturity (which shall then be considered the Stated Maturity for all purposes of the Note), (iii) the interest rate spread or spread multiplier applicable to the Extension Period Period, and (iv) the provisions, if any, for redemption during such Extension Period. Upon the TrusteeIssuing and Paying Agent's transmittal of the Extension Notice, the Original Stated Maturity of such Security the Note shall be extended automatically automatically, and, except as modified by the Extension Notice and as described in the next paragraph, such Security Note will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoingforegoing unless otherwise provided in the Note and applicable Pricing Supplement, not later than 20 twenty (20) days before prior to the Original Stated Maturity of such Security, Note the Company Issuer may, at its option, in the case of a Fixed Rate Note, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period and establish an interest rate that is higher than the interest rate provided for in the Extension Notice for the Extension Period, or in the case of a Floating Rate Note, revoke the spread or spread multiplier provided for in the Extension Notice for the Extension Period, or in the case of an Indexed Note, make such other changes to the determination of principal, premium, if any, interest payable or other amounts payable, or any combination of the foregoing, each to the economic benefit of the Holder, by causing the Trustee Issuing and Paying Agent to transmit, in the manner provided for in Section 106, transmit notice of such higher interest rate rate, or higher spread or spread multiplier, or other change, as the case may be, to the Holder of such SecurityNote. Such notice shall be irrevocable. All Securities Notes with respect to which the Stated Maturity is extended and with respect to which the Holders of such Notes have not tendered such Notes for repayment (or have validly revoked any such tender) pursuant to the succeeding paragraph will bear such higher interest rate, or higher spread or spread multiplier, or other change, as the case may be, for the Extension Period. If the Company extends Issuer elects to extend the Stated Maturity of any Securitythe Note, the Holder thereof will have the option to elect repayment of such Security the Note by the Company Issuer thereof on the Original Stated Maturity at a price equal to the aggregate principal amount thereof, thereof outstanding plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereofsuch repayment, the Holder thereof must follow the procedures set forth in Article Thirteen Section 13(b) for optional repayment at the option of Holders, except that the period for delivery of the Note or notification to the Trustee Issuing and Paying Agent shall be at least 25 twenty-five (25) but not more than 35 thirty-five (35) days prior to the Original Stated Maturity and except that, if the Holder thereof has tendered any Security the Note for repayment pursuant to an Extension Notice, the such Holder may, by written notice to the TrusteeIssuing and Paying Agent, revoke such tender for repayment until the close of business on the tenth day before prior to the Original Stated Maturity.
Appears in 1 contract
Samples: Issuing and Paying Agency Agreement (Bank of America Corp /De/)
Optional Extension of Maturity. The provisions of this Section 308 may be made applicable to any series of Securities pursuant to Section 301 (with such modificationsIf so specified on the face hereof, additions or substitutions as may be specified pursuant to such Section 301). The the Stated Maturity of any Security of such series this Note may be extended at the option of the Company for the period or periods of whole years specified on the face of such Security hereof (each an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity")hereof. If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 106, Paying Agent will mail to the Holder holder of such Security this Note not later than 40 calendar days prior to the Original old Stated Maturity a notice (the "Extension Notice") ), first class postage prepaid, indicating (ia) the election of the Company to extend the Maturity, ; (iib) the new Stated Maturity, ; (iiic) the interest rate applicable to the Extension Period Period; and (ivd) the provisions, if any, for redemption during the Extension Period, including the date or dates on which, the period or periods during which and the price or prices at which such redemption may occur during the Extension Period. Upon the TrusteePaying Agent's transmittal mailing of the Extension Notice, the Stated Maturity of such Security this Note shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security this Note will have the same terms as prior to the transmittal mailing of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before 10:00 a.m., New York City time, on the Original Stated twentieth calendar day prior to the Maturity of then in effect (or, if such Securityday is not a Business Day, not later than 10:00 a.m., New York City time, on the immediately succeeding Business Day), the Company may, at its option, revoke the interest rate Spread and/or Spread Multiplier provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustee Paying Agent to transmit, in the manner provided for in Section 106, send notice of such higher interest rate Spread and/or Spread Multiplier to the Holder holder of such SecurityNote by first class mail, postage prepaid, or by such other means as shall be agreed between the Company and the Paying Agent. Such notice shall be irrevocable. All Securities Notes with respect to which the Stated Maturity is extended in accordance with an Extension Notice will bear such higher interest rateSpread and/or Spread Multiplier for the Extension Period, whether or not tendered for payment. If the Company extends the Maturity of any Securitythis Note, the Holder holder will have the option to elect repayment of such Security by require the Company to repay such Note on the Original Stated Maturity then in effect at a price equal to the principal amount thereof, thereof plus all accrued and unpaid interest accrued to such date. In order to obtain repayment on the Original old Stated Maturity once the Company has extended the Maturity thereofhereof, the Holder holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holdersoptional repayment, except that the period for delivery of this Note or notification to the Trustee Paying Agent shall be at least 25 but not more than 1051043.4 10201 1256C 00692469 35 calendar days prior to the Original old Stated Maturity and except that, that if the Holder holder has tendered any Security this Note for repayment pursuant to an Extension Notice, the Holder holder may, by written notice to the TrusteePaying Agent, revoke any such tender for repayment until the close of business 3:00 p.m., New York City time, on the tenth twentieth calendar day before prior to the Original old Stated MaturityMaturity (or, if such day is not a Business Day, until 3:00 p.m., New York City time, on the immediately succeeding Business Day).
Appears in 1 contract
Samples: Security Capital Group Inc/
Optional Extension of Maturity. The provisions of this Section 308 3.08 may be made applicable to any series of Securities pursuant to Section 301 3.01 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3013.01). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "“Final Maturity"”) set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 45 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”). If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 1061.07, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "“Extension Notice"”) indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate rate, if any, applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's ’s transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 1061.08, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Stated Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Stated Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, may by written notice to the Trustee, Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 1 contract
Samples: Indenture (Sea Containers LTD /Ny/)
Optional Extension of Maturity. The provisions of this Section 308 may be made applicable to any series of Securities pursuant to Section 301 (with such modifications, additions or substitutions as may be specified 42 pursuant to such Section 301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity"). If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "Extension Notice") indicating (i) the election of the Company to extend the Maturity, (ii) the new Stated Maturity, (iii) the interest rate applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 106, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, by written notice to the Trustee, revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 1 contract
Samples: Indenture (Pacifcare Operations Inc)
Optional Extension of Maturity. The provisions of this Section 308 3.08 may be made applicable to any series of Securities pursuant to Section 301 3.01 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3013.01). The Stated Maturity of any Security of such series may be extended at the option of the Company Issuer for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company Issuer may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”). If the Company Issuer exercises such option, the Trustee shall transmit, in the manner provided for in Section 1061.06, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "“Extension Notice"”) indicating (i) the election of the Company Issuer to extend the Maturity, (ii) the new Stated Maturity, (iii) the interest rate rate, if any, applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's ’s transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company Issuer may, at its option, revoke the interest rate rate, if any, provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 1061.06, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company Issuer extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company Issuer on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company Issuer has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen XIII for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, may by written notice to the Trustee, Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 1 contract
Samples: Indenture (Eaton Corp PLC)
Optional Extension of Maturity. The provisions of this Section 308 may be made applicable to any series of Securities pursuant to Section 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity"). If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "Extension Notice") indicating (i) the election of the Company to extend the Maturity, (ii) the new Stated Maturity, (iii) the interest rate applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 106, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, by written notice to the Trustee, revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.All
Appears in 1 contract
Samples: Burlington Northern Santa Fe Corp
Optional Extension of Maturity. The provisions of this Section 308 may be made applicable to any series of Securities pursuant to Section 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "Final Maturity") Stated Maturity set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity")option. If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "“Extension Notice"”) indicating (i) the election of the Company to extend the Maturity, (ii) the new Stated Maturity, (iii) the interest rate rate, if any, applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's ’s transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 106, notice of such higher interest rate (or such higher spread or spread multiplier, if applicable) to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated at Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated at Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, may by written notice to the Trustee, Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 1 contract
Optional Extension of Maturity. The provisions of this Section 308 3.8 may be made applicable to any series of Securities pursuant to Section 301 3.1 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3013.1). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each each, an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 30 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity"). If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 1061.6, to the Holder of any such Security not later than 40 days prior to the Original Stated Maturity a notice (the "Extension Notice") indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate rate, if any, applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 1061.6, notice of such higher interest rate to the Holder of any such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Stated Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Stated Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, may by written notice to the Trustee, Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 1 contract
Samples: Motorola Inc
Optional Extension of Maturity. The provisions of this Section 308 may be made applicable to any series of Securities pursuant to Section 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”). If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "“Extension Notice"”) indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate rate, if any, applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's ’s transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate rate, if any, provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 106, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Stated Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Stated Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen Fourteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, may by written notice to the Trustee, Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity. SECTION 309. Persons Deemed Owners. Prior to due presentment of a Security for registration of transfer, the Company, the Guarantor (if a Guarantee is endorsed on such Security), the Trustee and any agent of the Company, the Guarantor (if a Guarantee is endorsed on such Security), or the Trustee may treat the Person in whose name such Security is registered as the absolute owner of such Security for the purpose of receiving payment of principal of (and premium, if any) and (subject to Sections 305 and 307) interest, if any, on such Security and for all other purposes whatsoever, whether or not such Security be overdue, and none of the Company, the Guarantor (if a Guarantee is endorsed on such Security), the Trustee nor any agent of the Company, the Guarantor (if a Guarantee is endorsed on such Security), or the Trustee shall be affected by notice to the contrary. None of the Company, the Guarantor, the Trustee, any Paying Agent or the Security Registrar will have any responsibility or liability for any aspect of the records relating to or payments made on account of beneficial ownership interests of a Security in global form or for maintaining, supervising or reviewing any records relating to such beneficial ownership interests. Notwithstanding the foregoing, with respect to any global temporary or permanent Security, nothing herein shall prevent the Company, the Guarantor, the Trustee, or any agent of the Company, the Guarantor or the Trustee, from giving effect to any written certification, proxy or other authorization furnished by a Common Depositary or a U.S. Depositary, as the case may be, or impair, as between a Common Depositary or a U.S. Depositary and Holders of beneficial interests in such temporary or permanent global Security, the operation of customary practices governing the exercise of the rights of the Common Depositary or the U.S. Depositary as Holder of such temporary or permanent global Security.
Appears in 1 contract
Samples: CBS Corp
Optional Extension of Maturity. The provisions of this Section 308 may be made applicable to any series of Securities pursuant to Section 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods If so specified on the face hereof, the Company may extend the Stated Maturity of such Security this Senior Note for one or more periods, as specified on the face hereof (each each, an "Extension Period") ), up to but not beyond the date (the "Final MaturityMaturity Date") set forth specified on the face of such Securityhereof. The Company may exercise such option with respect to any Security this Senior Note by notifying the Trustee of such exercise at least 50 45 days but not more than 60 days prior to the Stated Maturity of such Security this Senior Note in effect prior to the exercise of such option (the "Original Stated Maturity")option. If the Company exercises so notifies the Trustee of such optionexercise, the Trustee shall transmitwill mail (first class, in the manner provided for in Section 106postage prepaid), to the Holder of such Security not later than 40 days prior to the Original Stated Maturity then in effect to the Holder of this Senior Note a notice (the "Extension Notice") indicating relating to such Extension Period setting forth: (i) the Company's election of the Company to extend the MaturityStated Maturity of this Senior Note, (ii) the new Stated MaturityMaturity (which shall then be considered the Stated Maturity for all purposes of this Senior Note), (iii) the interest rate Spread and/or Spread Multiplier applicable to the such Extension Period and (iv) the provisions, if any, for redemption during such Extension Period, including the date or dates on which or the period or periods during which and the price or prices at which such redemption may occur during such Extension Period. Upon the Trustee's transmittal mailing of the Extension Notice, the Stated Maturity of such Security shall this Senior Note will be extended automatically and, except as modified by the Extension Notice and as described in the next paragraphtwo paragraphs, such Security this Senior Note will have the same terms as prior to the transmittal mailing of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before prior to the Original Stated Maturity of such Securitythis Senior Note which was in effect prior to the mailing of an Extension Notice, the Company may, at its option, revoke the interest rate Spread and/or Spread Multiplier provided for in the Extension Notice and establish a higher interest rate Spread and/or Spread Multiplier for the Extension Period by mailing or causing the Trustee to transmitmail (first class, in the manner provided for in Section 106, postage prepaid) notice of such higher interest rate Spread and/or Spread Multiplier to the Holder of such Securitythis Senior Note. Such notice shall will be irrevocable. All Securities Senior Notes with respect to which the Stated Maturity is extended will bear such higher interest rateSpread and/or Spread Multiplier for the Extension Period, whether or not tendered for repayment as provided in the next paragraph. If the Company extends elects to extend the Stated Maturity of any Securitythis Senior Note, the Holder will have the option to elect repayment of such Security by the Company this Senior Note, in whole but not in part, on the Original Stated Maturity in effect prior to the mailing of the Extension Notice at a price equal to the principal amount thereofhereof, plus accrued interest accrued to such date. In order for this Senior Note to obtain repayment be so repaid on the Original Stated Maturity once in effect prior to the Company has extended mailing of the Maturity thereofExtension Notice, the Holder of this Senior Note must follow the procedures set forth in Article Thirteen specified under Section 4 for repayment at the option of Holdersoptional repayment, except that the period for delivery of this Senior Note or notification to the Trustee shall will be at least 25 days but not more than 35 days prior to the Original such Stated Maturity and except that, if Maturity. If the Holder has tendered any Security this Senior Note for repayment pursuant to following receipt of an Extension Notice, the Holder may, may revoke such tender for repayment by written notice to the Trustee, revoke such tender for repayment until Trustee received prior to the close of business business, on the tenth day before the Original prior to such Stated Maturity.
Appears in 1 contract
Optional Extension of Maturity. The provisions of this Section 308 may be made applicable to any series of Securities pursuant to Section 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 45 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity"). If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 106107, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "Extension Notice") indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate rate, if any, applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 106107, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Stated Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Stated Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee provided in Section 1303 shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, may by written notice to the Trustee, Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity. SECTION 309. PERSONS DEEMED OWNERS. Prior to due presentment of a Registered Security for registration of transfer, the Company, the Trustee and any agent of the Company or the Trustee may treat the Person in whose name such Registered Security is registered as the owner of such Security for the purpose of receiving payment of principal of (and premium, if any) and (subject to Sections 305 and 307) interest, if any, on, such Registered Security and for all other purposes whatsoever, whether or not such Registered Security be overdue, and neither the Company, the Trustee nor any agent of the Company or the Trustee shall be affected by notice to the contrary. Title to any Bearer Security and any coupons appertaining thereto shall pass by delivery. The Company, the Trustee and any agent of the Company or the Trustee may treat the bearer of any Bearer Security and the bearer of any coupon as the absolute owner of such Security or coupon for the purpose of receiving payment thereof or on account thereof and for all other purposes whatsoever, whether or not such Security or coupon be overdue, and neither the Company, the Trustee nor any agent of the Company or the Trustee shall be affected by notice to the contrary. None of the Company, the Trustee, any Paying Agent or the Security Registrar will have any responsibility or liability for any aspect of the records relating to or payments made on account of beneficial ownership interests of a Security in global form or for maintaining, supervising or reviewing any records relating to such beneficial ownership interests. Notwithstanding the foregoing, with respect to any global Security, nothing herein shall prevent the Company, the Trustee, or any agent of the Company or the Trustee, from giving effect to any written certification, proxy or other authorization furnished by any depositary, as a Holder, with respect to such global Security or impair, as between such depositary and owners of beneficial interests in such global Security, the operation of customary practices governing the exercise of the rights of such depositary (or its nominee) as Holder of such global Security.
Appears in 1 contract
Samples: Senior Note Indenture (Avnet Inc)
Optional Extension of Maturity. The provisions of this Section 308 3.12 may be made applicable to any series of Securities pursuant to Section 301 3.01 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3013.01). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 45 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity"). If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 1061.06, to the Holder of any such Security not later than 40 days prior to the Original Stated Maturity a notice (the "Extension Notice") indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate rate, if any, applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 1061.06, notice of such higher interest rate to the Holder of any such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Stated Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Stated Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen Fourteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, may by written notice to the Trustee, Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 1 contract
Samples: Maremont Exhaust Products, Inc.
Optional Extension of Maturity. The provisions of this Section 308 may be made applicable to any series of Securities pursuant to Section 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "Final Maturity") Stated Maturity set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity")option. If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "“Extension Notice"”) indicating (i) the election of the Company to extend the Maturity, (ii) the new Stated Maturity, (iii) the interest rate rate, if any, applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's ’s transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 106, notice of such higher interest rate (or such higher spread or spread multiplier, if applicable) to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated at Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated at Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, may by written notice to the Trustee, Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity. SECTION 309.
Appears in 1 contract
Samples: Lifevantage Corp
Optional Extension of Maturity. The provisions of this Section 308 3.08 may be made applicable to any series of Securities pursuant to Section 301 3.01 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3013.01). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "“Extension Period"”) up to but not beyond the date (the "“Final Maturity"”) set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 30 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "“Original Stated Maturity"”). If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 1061.06, to the Holder of such Security not later than 40 25 days prior to the Original Stated Maturity a notice (the "“Extension Notice") ”), prepared by the Company, indicating (i) the election of the Company to extend the Stated Maturity, (ii) the new Stated Maturity, (iii) the interest rate (or spread, spread multiplier or other formula to calculate such interest rate, if applicable), if any, applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's ’s transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 10 days before the Original Stated Maturity (or if 10 days does not fall on a Business Day, the next succeeding Business Day) of such Security, the Company may, at its option, revoke the interest rate (or spread, spread multiplier or other formula to calculate such interest rate, if applicable) provided for in the Extension Notice and establish a higher interest rate (or spread, spread multiplier or other formula to calculate such higher interest rate, if applicable) for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 1061.06, notice of such higher interest rate (or spread, spread multiplier or other formula to calculate such interest rate, if applicable) to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, by written notice to the Trustee, revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.such
Appears in 1 contract
Samples: Indenture (Prospect Capital Corp)
Optional Extension of Maturity. The provisions of this Section 308 may be made applicable to any series of Securities pursuant to Section 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods specified on the face of such Security (each an "Extension PeriodEXTENSION PERIOD") up to but not beyond the date (the "Final MaturityFINAL MATURITY") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated MaturityORIGINAL STATED MATURITY"). If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 106, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice prepared by the Company (the "Extension NoticeEXTENSION NOTICE") indicating (i) the election of the Company to extend the Maturity, (ii) the new Stated Maturity, (iii) the interest rate applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustee to transmit, in the manner provided for in Section 106, notice of such higher interest -33- rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holders, except that the period for delivery or notification to the Trustee shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, may by written notice to the Trustee, Trustee revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity. SECTION 309. PERSONS DEEMED OWNERS. Prior to due presentment of a Security for registration of transfer, the Company, the Trustee and any agent of the Company or the Trustee may treat the Person in whose name such Security is registered as the legal owner of such Security for the purpose of receiving payment of principal of (and premium, if any) and (subject to Sections 305 and 307) interest on such Security and for all other purposes whatsoever, whether or not such Security be overdue, and neither the Company, the Trustee nor any agent of the Company or the Trustee shall be affected by notice to the contrary. None of the Company, the Trustee, any Paying Agent or any Security Registrar will have any responsibility or liability for any aspect of the records relating to or payments made on account of beneficial ownership interests of a Global Security or for maintaining, supervising or reviewing any records relating to such beneficial ownership interests. Notwithstanding the foregoing, with respect to any Global Security, nothing herein shall prevent the Company, the Trustee, or any agent of the Company or the Trustee, from giving effect to any written certification, proxy or other authorization furnished by any depositary, as a Holder, with respect to such Global Security or impair, as between such depositary and owners of beneficial interests in such Global Security, the operation of customary practices governing the exercise of the rights of such depositary (or its nominee) as Holder of such Global Security.
Appears in 1 contract
Samples: Nova Chemicals Corp /New
Optional Extension of Maturity. The provisions of this Section 308 may be made applicable to any series of Securities pursuant to Section 301 (with such modificationsIf so specified on the face hereof, additions or substitutions as may be specified pursuant to such Section 301). The the Stated Maturity of any Security of such series this Note may be extended at the option of the Company for the period or periods of whole years specified on the face of such Security hereof (each an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company may exercise such option with respect to any Security by notifying the Trustee of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity")hereof. If the Company exercises such option, the Trustee shall transmit, in the manner provided for in Section 106, will mail to the Holder holder of such Security this Note at least 45 but not later more than 40 60 days prior to the Original old Stated Maturity a notice (the "Extension Notice") ), first class postage prepaid, indicating (ia) the election of the Company to extend the Maturity, ; (iib) the new Stated Maturity, ; (iiic) the interest rate applicable to the Extension Period Period; and (ivd) the provisions, if any, for redemption during the Extension Period, including the date or dates on which, the period or periods during which and the price or prices at which such redemption may occur during the Extension Period. Upon the Trustee's transmittal mailing of the Extension Notice, the Stated Maturity of such Security this Note shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security this Note will have the same terms as prior to the transmittal mailing of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before 10:00 a.m., New York City time, on the Original Stated twentieth calendar day prior to the Maturity of then in effect (or, if such Securityday is not a Business Day, not later than 10:00 a.m., New York City time, on the immediately succeeding Business Day), the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustee Paying Agent to transmit, in the manner provided for in Section 106, send notice of such higher interest rate to the Holder holder of such SecurityNote by first class mail, postage prepaid, or by such other means as shall be agreed between the Company and the Paying Agent. Such notice shall be irrevocable. All Securities Notes with respect to which the Stated Maturity is extended in accordance with an Extension Notice will bear such higher interest rate. If the Company extends the Maturity of any Securitythis Note, the Holder holder will have the option to elect repayment of such Security by require the Company to repay such Note on the Original Stated Maturity then in effect at a price equal to the principal amount thereof, thereof plus all accrued and unpaid interest accrued to such date. In order to obtain repayment on the Original old Stated Maturity once the Company has extended the Maturity thereofhereof, the Holder holder must follow the procedures set forth in Article Thirteen for repayment at the option of Holdersoptional repayment, except that the period for delivery of this Note or notification to the Trustee Paying Agent shall be at least 25 but not more than 35 calendar days prior to the Original old Stated Maturity and except that, that if the Holder holder has tendered any Security this Note for repayment pursuant to an Extension Notice, the Holder holder may, by written notice to the TrusteePaying Agent, revoke any such tender for repayment until the close of business 3:00 p.m., New York City time, on the tenth twentieth calendar day before prior to the Original old Stated MaturityMaturity (or, if such day is not a Business Day, until 3:00 p.m., New York City time, on the immediately succeeding Business Day). Registration of Transfer. State Street Bank and Trust Company has been appointed registrar for the Notes (the "Registrar," which term includes any successor registrar appointed by the Company), and the Registrar will maintain at its office at Two International Place, Boston, MA 02110 a register for the registration and transfer of Notes. This Note may be transferred at the aforesaid office of the Registrar by surrendering this Note for cancellation, accompanied by a written instrument of transfer in form approved by the Registrar and duly executed by the registered holder hereof in person or by the holder's attorney duly authorized in writing, and thereupon the Registrar shall issue in the name of the transferee or transferees, in exchange herefor, a new Note or Notes having identical terms and provisions for an equal aggregate principal amount in authorized denominations, subject to the terms and conditions set forth herein; provided, however, that the Registrar will not be required to register the transfer of or exchange any Note that has been called for redemption in whole or in part, or as to which the holder thereof has elected to cause such Note to be repaid in whole or in part, except the unredeemed or unpaid portion of Notes being redeemed or repaid in part, or to register the transfer of or exchange Notes to the extent and during the period so provided in the Indenture with respect to the redemption of Notes. Notes are exchangeable at said office for other Notes of other authorized denominations of equal aggregate principal amount having identical terms and provisions. All such exchanges and transfers of Notes will be free of charge, but the Company may require payment of a sum sufficient to cover any tax or other governmental charge in connection therewith. All Notes surrendered for exchange shall be accompanied by a written instrument of transfer in form approved by the Registrar and executed by the registered holder in person or by the holder's attorney duly authorized in writing. The date of registration of any Note delivered upon any exchange or transfer of Notes shall be such that no gain or loss of interest results from such exchange or transfer. In case any Note shall at any time become mutilated, defaced or be destroyed, lost or stolen and such Note or evidence of the loss, theft or destruction thereof (together with the indemnity hereinafter referred to and such other documents or proof as may be required in the premises) shall be delivered to the Registrar, a new Note of like tenor will be issued by the Company in exchange for the Note so mutilated or defaced, or in lieu of the Note so destroyed or lost or stolen, but, in the case of any destroyed or lost or stolen Note, only upon receipt of evidence satisfactory to the Registrar and the Company that such Note was destroyed or lost or stolen and, if required, upon receipt also of indemnity satisfactory to each of them. All expenses and reasonable charges associated with procuring such indemnity and with the preparation, authentication and delivery of a new Note shall be borne by the owner of the Note mutilated, defaced, destroyed, lost or stolen. This Note, and any Note or Notes issued upon transfer or exchange hereof, is issuable only in fully registered form, without coupons, in denominations of U.S. $1,000 or any integral multiple of U.S. $1,000 or the minimum Authorized Denomination. If the Specified Currency shown on the face of this Note is other than U.S. Dollars, the authorized denominations shall be the amount of the Specified Currency for such Note equivalent, at the noon buying rate in The City of New York for cable transfers for such Specified Currency (the "Exchange Rate") on the sixth Business Day in The City of New York and in the country issuing such currency (or, for ECUs, Brussels) next preceding the date of issue of such Note, to U.S. $1,000 (rounded to the nearest 1,000 units of such Specified Currency) and any greater amount that is an integral multiple of 1,000 units of such Specified Currency.
Appears in 1 contract
Samples: Security Capital Industrial Trust
Optional Extension of Maturity. The provisions of this Section 308 3.8 may be made applicable to any series of Securities pursuant to Section 301 3.1 (with such modifications, additions or substitutions as may be specified pursuant to such Section 3013.1). The Stated Maturity of any Security of such series may be extended at the option of the Company Corporation for the period or periods specified on the face of such Security (each an "Extension Period") up to but not beyond the date (the "Final Maturity") set forth on the face of such Security. The Company Corporation may exercise such option with respect to any Security by notifying the Trustee Trustees of such exercise at least 50 but not more than 60 days prior to the Stated Maturity of such Security in effect prior to the exercise of such option (the "Original Stated Maturity"), which notice shall set forth the specific information to be contained in the Extension Notice (as defined below). If the Company Corporation exercises such option, the Trustee Trustees shall transmit, in the manner provided for in Section 1061.6, to the Holder of such Security not later than 40 days prior to the Original Stated Maturity a notice (the "Extension Notice") indicating (i) the election of the Company Corporation to extend the Maturity, (ii) the new Stated Maturity, (iii) the interest rate applicable to the Extension Period and (iv) the provisions, if any, for redemption during such Extension Period. Upon the Trustee's Trustees' transmittal of the Extension Notice, the Stated Maturity of such Security shall be extended automatically and, except as modified by the Extension Notice and as described in the next paragraph, such Security will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before the Original Stated Maturity of such Security, the Company Corporation may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by causing the Trustee Trustees to transmit, in the manner provided for in Section 1061.6, notice of such higher interest rate to the Holder of such Security. Such notice shall be irrevocable. All Securities with respect to which the Stated Maturity is extended will bear such higher interest rate. If the Company Corporation extends the Maturity of any Security, the Holder will have the option to elect repayment of such Security by the Company Corporation on the Original Stated Maturity at a price equal to the principal amount thereof, plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company Corporation has extended the Maturity thereof, the Holder must follow the procedures set forth in Article Thirteen 13 for repayment at the option of Holders, except that the period for delivery or notification to one of the Trustee Trustees shall be at least 25 but not more than 35 days prior to the Original Stated Maturity and except that, if the Holder has tendered any Security for repayment pursuant to an Extension Notice, the Holder may, may by written notice to one of the Trustee, Trustees revoke such tender for repayment until the close of business on the tenth day before the Original Stated Maturity.
Appears in 1 contract
Samples: Indenture (IESI-BFC LTD)
Optional Extension of Maturity. The provisions of this Section 308 may be made applicable to any series of Securities pursuant to Section 301 (with such modifications, additions or substitutions as may be specified pursuant to such Section 301). The Stated Maturity of any Security of such series may be extended at the option of the Company for the period or periods If so specified on the face hereof, the Company may extend the Stated Maturity of such Security this Senior Note for one or more periods, as specified on the face hereof (each each, an "Extension Period") ), up to but not beyond the date (the "Final MaturityMaturity Date") set forth specified on the face of such Securityhereof. The Company may exercise such option with respect to any Security this Senior Note by notifying the Trustee of such exercise at least 50 45 days but not more than 60 days prior to the Stated Maturity of such Security this Senior Note in effect prior to the exercise of such option (the "Original Stated Maturity")option. If the Company exercises so notifies the Trustee of such optionexercise, the Trustee shall transmitwill mail (first class, in the manner provided for in Section 106postage prepaid), to the Holder of such Security not later than 40 days prior to the Original Stated Maturity then in effect, to the Holder of this Senior Note a notice (the "Extension Notice") indicating relating to such Extension Period setting forth: (i) the Company's election of the Company to extend the MaturityStated Maturity of this Senior Note, (ii) the new Stated MaturityMaturity (which shall then be considered the Stated Maturity for all purposes of this Senior Note), (iii) the interest rate applicable to the such Extension Period and (iv) the provisions, if any, for redemption during such Extension Period, including the date or dates on which or the period or periods during which and the price or prices at which such redemption may occur during such Extension Period. Upon the Trustee's transmittal mailing of the Extension Notice, the Stated Maturity of such Security shall this Senior Note will be extended automatically and, except as modified by the Extension Notice and as described in the next paragraphtwo paragraphs, such Security this Senior Note will have the same terms as prior to the transmittal mailing of such Extension Notice. Notwithstanding the foregoing, not later than 20 days before prior to the Original Stated Maturity of such Securitythis Senior Note which was in effect prior to the mailing of an Extension Notice, the Company may, at its option, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period by mailing or causing the Trustee to transmitmail (first class, in the manner provided for in Section 106, postage prepaid) notice of such higher interest rate to the Holder of such Securitythis Senior Note. Such notice shall will be irrevocable. All Securities Senior Notes with respect to which the Stated Maturity is extended will bear such higher interest raterate for the Extension Period, whether or not tendered for repayment as provided in the next paragraph. If the Company extends elects to extend the Stated Maturity of any Securitythis Senior Note, the Holder will have the option to elect repayment of such Security by the Company this Senior Note, in whole but not in part, on the Original Stated Maturity in effect prior to the mailing of the Extension Notice at a price equal to the principal amount thereofhereof, plus accrued interest accrued to such date. In order for this Senior Note to obtain repayment be so repaid on the Original Stated Maturity once in effect prior to the Company has extended mailing of the Maturity thereofExtension Notice, the Holder of this Senior Note must follow the procedures set forth in Article Thirteen specified under Paragraph 4 for repayment at the option of Holdersoptional repayment, except that the period for delivery of this Senior Note or notification to the Trustee shall will be at least 25 days but not more than 35 days prior to the Original such Stated Maturity and except that, if Maturity. If the Holder has tendered any Security this Senior Note for repayment pursuant to following receipt of an Extension Notice, the Holder may, may revoke such tender for repayment by written notice to the Trustee, revoke such tender for repayment until Trustee received prior to the close of business business, on the tenth day before the Original prior to such Stated Maturity.
Appears in 1 contract
Optional Extension of Maturity. The provisions of this Section 308 may be made If so specified in the applicable to any series of Securities pursuant to Section 301 (with such modificationsNote and Pricing Supplement, additions or substitutions as may be specified pursuant to such Section 301). The the Stated Maturity of any Security of such series Note may be extended at the option of the Company for Issuer, in the period or periods specified manner set forth below (unless otherwise provided on the face thereof), for that number of periods each of such Security length as provided in the applicable Note (each an "Extension Period") up to but not beyond the date (the "Final Maturity") Maturity Date set forth on in such Note. Unless otherwise specified in the face of such Security. The Company Applicable Note and Pricing Supplement, the Issuer may exercise such option with respect to any Security by notifying the Trustee Issuing and Paying Agent of such exercise at least 50 fifty (50) but not no more than 60 sixty (60) days prior to the Stated Maturity of such Security in effect prior to the such exercise of such option (the "Original Stated Maturity")) . If the Company Issuer exercises such option, the Trustee shall transmitIssuing and Paying Agent will mail (by first class mail, in the manner provided for in Section 106, postage prepaid) to the Holder of such Security not the Note no later than 40 forty (40) days prior to the Original Stated Maturity a notice (the "Extension Notice") indicating relating to such Extension Period, setting forth (i) the election of the Company Issuer to extend the Original Stated Maturity, (ii) the new Stated MaturityMaturity (which shall then be considered the Stated Maturity for all purposes of the Note) , (iii) the interest rate spread or spread multiplier applicable to the Extension Period Period, and (iv) the provisions, if any, for redemption during such Extension Period. Upon the TrusteeIssuing and Paying Agent's transmittal of the Extension Notice, the Original Stated Maturity of such Security the Note shall be extended automatically automatically, and, except as modified by the Extension Notice and as described in the next paragraph, such Security Note will have the same terms as prior to the transmittal of such Extension Notice. Notwithstanding the foregoingforegoing unless otherwise provided in the Note and applicable Pricing Supplement, not later than 20 twenty (20) days before prior to the Original Stated Maturity of such Security, Note the Company Issuer may, at its option, in the case of a Fixed Rate Note, revoke the interest rate provided for in the Extension Notice and establish a higher interest rate for the Extension Period and establish an interest rate that is higher than the interest rate provided for in the Extension Notice for the Extension Period, or in the case of a Floating Rate Note, revoke the spread or spread multiplier provided for in the Extension Notice for the Extension Period, or in the case of an Indexed Note, make such other changes to the determination of principal, premium, if any, interest payable or other amounts payable, or any combination of the foregoing, each to the economic benefit of the Holder, by causing the Trustee Issuing and Paying Agent to transmit, in the manner provided for in Section 106, transmit notice of such higher interest rate rate, or higher spread or spread multiplier, or other change, as the case may be, to the Holder of such SecurityNote. Such notice shall be irrevocable. All Securities Notes with respect to which the Stated Maturity is extended and with respect to which the Holders of such Notes have not tendered such Notes for repayment (or have validly revoked any such tender) pursuant to the succeeding paragraph will bear such higher interest rate, or higher spread or spread multiplier, or other change, as the case may be, for the Extension Period. If the Company extends Issuer elects to extend the Stated Maturity of any Securitythe Note, the Holder thereof will have the option to elect repayment of such Security the Note by the Company Issuer thereof on the Original Stated Maturity at a price equal to the aggregate principal amount thereof, thereof outstanding plus interest accrued to such date. In order to obtain repayment on the Original Stated Maturity once the Company has extended the Maturity thereofsuch repayment, the Holder thereof must follow the procedures set forth in Article Thirteen Section 13(b) for optional repayment at the option of Holders, except that the period for delivery of the Note or notification to the Trustee Issuing and Paying Agent shall be at least 25 twenty-five (25) but not more than 35 thirty-five (35) days prior to the Original Stated Maturity and except that, if the Holder thereof has tendered any Security the Note for repayment pursuant to an Extension Notice, the such Holder may, by written notice to the TrusteeIssuing and Paying Agent, revoke such tender for repayment until the close of business on the tenth day before prior to the Original Stated Maturity.
Appears in 1 contract
Samples: Issuing and Paying Agency Agreement (Bank of America Corp /De/)
Optional Extension of Maturity. The provisions of this Section 308 may be made applicable to any series of Securities pursuant to Section 301 (with such modificationsIf so specified on the face hereof, additions or substitutions as may be specified pursuant to such Section 301). The the Stated Maturity of any Security of such series this Note may be extended at the option of the Company for the period one or more periods of one or more years, as specified on the face of such Security hereof (each an "Extension Period") ), up to but not beyond the date (the "Final Maturity") set forth specified on the face of such Securityhereof. The Company may exercise such option with respect to any Security this Note by notifying the Trustee of such exercise at least 50 45 but not more than 60 calendar days prior to the Stated Maturity of such Security this Note in effect prior to the exercise of such option (the "Original Stated Maturity") or, if the Maturity of this Note has already been extended, prior to the Maturity then in effect (an "Extended Maturity"). If the Company exercises so notifies the Trustee of such optionexercise, the Trustee shall transmitwill send, in the manner provided for in Section 106, to the Holder of such Security not later than 40 calendar days prior to the Original Stated Maturity or an Extended Maturity (each a "Maturity Date"), by telegram, telex, facsimile transmission, hand delivery or letter (first class, postage prepaid) to the Holder of this Note a notice (the "Extension Notice") relating to such Extension Period indicating (i) the election of that the Company has elected to extend the Original Maturity or Extended Maturity, as applicable, of this Note, (ii) the new Stated MaturityMaturity Date, (iii) the interest rate rate, the Spread and/or Spread Multiplier applicable to the such Extension Period and (iv) the provisions, if any, for redemption during such Extension Period, including the date or dates on which or the period or periods during which and the price or prices at which such redemption may occur during such Extension Period. Upon the Trustee's transmittal sending of the Extension Notice, the Stated Maturity Date of such Security shall this Note will be extended automatically and, except as modified by the Extension Notice and as described in the next paragraphtwo paragraphs, such Security this Note will have the same terms as prior to the transmittal sending of such Extension Notice. Notwithstanding the foregoing, not later than 20 calendar days before prior to the Original Stated Maturity Date of such Securitythis Note which was in effect prior to the mailing of an Extension Notice, the Company may, at its option, revoke the interest rate rate, the Spread, if any, and/or the Spread Multiplier, provided for in the Extension Notice Note and establish a higher interest rate rate, the Spread, if any, and/or the Spread Multiplier, for the Extension Period by causing the Trustee to transmitsend by telegram, in the manner provided for in Section 106telex, facsimile transmission, hand delivery or letter (first class, postage prepaid) notice of such higher interest rate rate, the Spread, if any, and/or the Spread Multiplier, to the Holder of such Securitythis Note. Such notice shall will be irrevocable. All Securities Notes with respect to which the Stated Maturity Date is extended will bear such higher interest rate, the Spread, if any, and/or the Spread Multiplier, for the Extension Period, whether or not tendered for repayment as provided in the next paragraph. If the Company extends the Maturity Date of any Securitythis Note, the Holder will have the option to elect repayment of such Security this Note, in whole but not in part by the Company on the Original Stated Maturity Date in effect prior to the mailing of the Extension Notice at a price equal to the principal amount thereofhereof, plus accrued and unpaid interest accrued to but excluding such date. In order for this Note to obtain repayment be so repaid on the Original Stated Maturity once Date in effect prior to the Company has extended mailing of the Maturity thereofExtension Notice, the Holder of this Note must follow the procedures set forth in Article Thirteen specified under Section 4 for repayment at the option of Holdersoptional repayment, except that the period for delivery of this Note or notification to the Trustee shall will be at least 25 but not more than 35 calendar days prior to the Original Stated Maturity and except that, if Date in effect prior to the mailing of the Extension Notice. If the Holder has tendered any Security this Note for repayment pursuant to following receipt of an Extension Notice, the Holder may, may revoke such tender for repayment by written notice to the TrusteeTrustee received prior to 5:00 p.m., revoke such tender for repayment until the close of business New York City time, on the tenth calendar day before prior to the Original Stated MaturityMaturity Date in effect prior to the mailing of the Extension Notice.
Appears in 1 contract
Samples: Maytag Corp
