Optional Redemption. (a) At any time prior to November 1, 2007, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that: (1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and (2) the redemption occurs within 180 days of the date of the closing of such Equity Offering. (b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes will not be redeemable at the Company's option prior to November 1, 2009; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture. (c) On or after November 1, 2009, the Company may redeem all or a part of the Notes upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional Interest, if any, on the Notes to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.688% 2010............................................................ 102.458% 2011............................................................ 101.229% 2012 and thereafter............................................. 100.000% (d) At any time prior to November 1, 2009, the Company may also redeem all or a part of the Notes at a redemption price equal to 100% of the principal amount of Notes to be redeemed, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, subject to the rights of Holders on the relevant record date to receive interest due on the relevant interest payment date. (e) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 2 contracts
Sources: Indenture (Dresser-Rand Group Inc.), Indenture (Dresser-Rand Group Inc.)
Optional Redemption. (a) At any time prior to November 1, 2007, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; Except as provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes Debentures will not be redeemable at the Company's Issuers' option prior to November August 1, 2009; provided, however2003. Thereafter, the Company may acquire Debentures will be subject to redemption at any time at the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part option of the Notes Issuers, in whole or in part, upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional Interest, if any, on the Notes Liquidated Damages thereon to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November August 1 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.688PERCENTAGE OF YEAR PRINCIPAL AMOUNT ----------------------------------------------------------------------------------- 2003............................................ 106.688% 2010............................................................ 102.4582004............................................ 104.458% 2011............................................................ 101.2292005............................................ 102.229% 2012 2006 and thereafter............................................. ............................. 100.000%
(db) At Notwithstanding the foregoing, at any time prior to November August 1, 20092001, the Company Issuers may also on any one or more occasions redeem all or a part up to 35% of the Notes aggregate principal amount at maturity of Debentures originally issued under the Indenture at a redemption price equal to 100of 113.375% of the principal amount of Notes to be redeemedAccreted Value thereof (as determined on the redemption date), plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional InterestLiquidated Damages thereon, if any, to, but not including, to the redemption date, subject to with the rights net cash proceeds of Holders on any Equity Offerings; provided that at least 65% of the relevant record aggregate principal amount at maturity of Debentures originally issued remain outstanding immediately after the occurrence of such redemption (excluding Debentures held by Holdings and its Subsidiaries); and provided further that such redemption shall occur within 120 days of the date to receive interest due on of the relevant interest payment dateclosing of any such Equity Offering.
(ec) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections Section 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 2 contracts
Sources: Indenture (Anthony Crane Sales & Leasing Lp), Indenture (Anthony Crane Holdings Capital Corp)
Optional Redemption. (a) At any time prior to November 1, 2007Except as set forth in clause 5(b) of this Senior Note, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Senior Notes will not be redeemable at the CompanyAnvil's option prior to November 1March 15, 2009; provided, however2002. Thereafter, the Company may acquire Senior Notes will be subject to redemption for cash at the Notes by means other than a redemptionoption of Anvil, whether pursuant to a tender offerin whole or in part, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part of the Notes upon not less than 30 nor more than 60 days' notice, to each holder of Senior Notes to be redeemed at the following redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional Interest, if any, on the Notes to be redeemed to, but not including, the applicable redemption dateamount thereof), if redeemed during the twelve-month period beginning on November 1 March 15 of each of the years indicated below, subject in each case together with any accrued and unpaid interest and Liquidated Damages thereon to the rights of Holders on the relevant record date to receive interest on the relevant interest payment applicable redemption date: Year Percentage ---- ---------- 2009............................................................ 103.6882002.......................................... 105.438% 2010............................................................ 102.4582003.......................................... 103.625% 2011............................................................ 101.2292004 ......................................... 101.813% 2012 2005 and thereafter............................................. ........................... 100.000%
(db) At Notwithstanding the provisions of clause 5(a) of this Senior Note, at any time prior on or before March 15, 2000, Anvil may (but will not have the obligation to) redeem for cash up to November 1, 2009, the Company may also redeem all or a part 40% of the original aggregate principal amount of the Senior Notes at a redemption price equal to 100of 110% of the principal amount of Notes to be redeemedthereof, in each case plus the Applicable Premium (as calculated by the Company) as of, and any accrued and unpaid interest and Additional Interest, if any, to, but not including, Liquidated Damages thereon to the redemption date, subject to with the rights net proceeds of Holders on a Public Equity Offering; provided that at least 60% of the relevant record original aggregate principal amount of the Senior Notes remains outstanding immediately after the occurrence of such redemption; and provided, further, that such redemption will occur within 60 days of the date to receive interest due on of the relevant interest payment dateclosing of such Public Equity Offering.
(ec) Any Notices of redemption pursuant will be mailed by first class mail at least 30 days but not more than 60 days before the redemption date to this Section 3.07 shall each Holder whose Senior Notes are to be made pursuant redeemed at its registered address. Senior Notes in denominations larger than $1,000 may be redeemed in part but only in integral multiples of $1,000, unless all of the Senior Notes held by a Holder are to the provisions of Sections 3.01 through 3.06 hereofbe redeemed. Unless the Company Anvil defaults in the payment of making such redemption payment, on and after the redemption price, date interest will cease ceases to accrue on the Senior Notes or portions thereof called for redemption on the applicable redemption dateredemption.
Appears in 2 contracts
Sources: Indenture (Cottontops Inc), Indenture (Anvil Holdings Inc)
Optional Redemption. (a) At any time prior to November Before July 1, 20072006, the Company may on any one or more occasions redeem up to 3540% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375108.250% of the principal amount thereof, plus accrued and unpaid interest and Additional InterestInterest thereon, if any, to, but not including, to the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1i) at least 6560% of the aggregate principal amount of Notes issued under this Indenture remains outstanding immediately after the occurrence of such redemption (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption); and
(2ii) the redemption occurs must occur within 180 120 days of the date of the closing of such the Equity Offering.
(b) Before July 1, 2007, the Company may also redeem the Notes, as a whole but not in part, upon the occurrence of a Change of Control, upon not less than 30 nor more than 60 days' prior notice (but in no event may any such redemption occur more than 90 days after the occurrence of such Change of Control), at a redemption price equal to 100% of the principal amount thereof plus the Applicable Premium as of, and accrued and unpaid interest and Additional Interest thereon, if any, to, the date of redemption (the "Redemption Date").
(c) Except pursuant to Section 3.07(a) or as otherwise set forth belowthe preceding paragraphs, the Notes will not be redeemable at the Company's option prior to November July 1, 2009; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) 2007. On or after November July 1, 20092007, the Company may redeem all or a part of the Notes upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional InterestInterest thereon, if any, on the Notes to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November July 1 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------------------------------------------- ---------- 2009............................................................ 103.6882007.......................................... 104.125% 2010............................................................ 102.4582008.......................................... 102.063% 2011............................................................ 101.229% 2012 2009 and thereafter............................................. ........................... 100.000%
(d) At any time prior to November 1, 2009, the Company may also redeem all or a part of the Notes at a redemption price equal to 100% of the principal amount of Notes to be redeemed, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, subject to the rights of Holders on the relevant record date to receive interest due on the relevant interest payment date.
(e) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections Section 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 2 contracts
Sources: Indenture (Dominos Inc), Indenture (Dominos Pizza Government Services Division Inc)
Optional Redemption. (a) At any time prior to November October 1, 20072022, the Company Issuers may on any one or more occasions redeem all or a part of the Notes, upon notice as described under Section 3.03 hereof, at a redemption price equal to 100.0% of the principal amount of the Notes to be redeemed plus the Applicable Premium as of, and accrued and unpaid interest, if any, thereon, to, but not including, the date of redemption (the “Redemption Date”).
(b) On and after October 1, 2022, the Issuers may on one or more occasions redeem all or a part of the Notes upon notice as described under Section 3.03 hereof, at the redemption prices (expressed as percentages of principal amount of the Notes to be redeemed) set forth in this Section 3.07(b), plus accrued and unpaid interest, if any, thereon to, but not including, the applicable Redemption Date, if redeemed during the twelve-month period beginning on October 1 of each of the years indicated below: Year Percentage 2022 ............................................................................... 103.375% 2023 ............................................................................... 101.688% 2024 and thereafter ........................................................ 100.000 %
(c) Prior to October 1, 2022, the Issuers may, at their option, on one or more occasions redeem up to 3540.0% of the aggregate principal amount of Notes issued under this Indenture (including additional notes the principal amount of any Additional Notes issued after Issue Dateunder this Indenture) at a redemption price of 107.375equal to 106.750% of the aggregate principal amount thereofof the Notes to be redeemed, plus accrued and unpaid interest and Additional Interestinterest, if any, thereon, to, but not including, the redemption dateapplicable Redemption Date, with the net cash proceeds of received by the Issuers from one or more Equity Offerings; provided that:
provided, that (1a) at least 6550.0% of the aggregate principal amount of Notes originally issued under this Indenture on the Issue Date (excluding other than Notes held by the Company and its SubsidiariesIssuers or any of their Affiliates) remains outstanding immediately after the occurrence of each such redemption; , unless all such Notes are redeemed substantially concurrently and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes will not be redeemable at the Company's option prior to November 1, 2009; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part of the Notes upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional Interest, if any, on the Notes to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.688% 2010............................................................ 102.458% 2011............................................................ 101.229% 2012 and thereafter............................................. 100.000%
(d) At any time prior to November 1, 2009, the Company may also redeem all or a part of the Notes at a redemption price equal to 100% of the principal amount of Notes to be redeemed, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, subject to the rights of Holders on the relevant record date to receive interest due on the relevant interest payment date.
(e) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 2 contracts
Optional Redemption. (a) At any time prior to November 1, 2007, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth belowin Sections 3.07(b) and (c) below and in Section 3.08 hereof, the Notes will shall not be redeemable at the Company's option prior to November 1May 15, 2009; provided, however2003. Thereafter, the Company may acquire Notes shall be subject to redemption at any time or from time to time at the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part option of the Notes Company, in whole or in part, upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amount) set forth below below, plus accrued and unpaid interest and Additional Interest, if any, on the Notes thereon to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 May 15 of the years indicated below, subject to the rights : Percentage of Holders on the relevant record date to receive interest on the relevant interest payment date: Principal Year Percentage Amount ---- ---------- 2009............................................................ 103.688------------- 2003...................................... 104.813% 2010............................................................ 102.4582004...................................... 103.208% 2011............................................................ 101.2292005...................................... 101.604% 2012 2006 and thereafter............................................. ....................... 100.000%
(db) At Notwithstanding the foregoing, at any time prior to November 1May 15, 20092001, the Company may, on any one or more occasions, redeem up to 25% of the aggregate principal amount of Notes originally issued pursuant to this Indenture at a redemption price of 109.625% of the principal amount thereof, plus accrued and unpaid interest thereon to the redemption date, with the net cash proceeds received from one or more Equity Offerings made by the Company, GCL or New GCL (to the extent such net cash proceeds received by GCL or New GCL were contributed to the Company as common equity capital); provided that at least 75% of the aggregate principal amount of Notes originally issued pursuant to this Indenture remain outstanding immediately after the occurrence of any such redemption. The Company may make any such redemption upon not less than 30 nor more than 60 days' notice (but in no event more than 90 days after the closing of the related Equity Offering). Any such notice may be given prior to the completion of the related Equity Offering and any such redemption may, at the Company's discretion, be subject to the satisfaction of one or more conditions precedent, including, but not limited to, the completion of the related Equity Offering.
(c) In addition, at any time prior to May 15, 2003, the Notes may also redeem all or a part be redeemed at the option of the Notes Company, in whole but not in part, upon the occurrence of a Change of Control, upon not less than 30 nor more than 60 days' prior notice (but in no event may any such redemption occur more than 90 days after the occurrence of such Change of Control) mailed by first-class mail to each Holder's registered address, at a redemption price equal to 100% of the principal amount of Notes to be redeemed, thereof plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional Interestinterest, if any, to, but not including, the date of redemption date, subject to (the rights of Holders on the relevant record date to receive interest due on the relevant interest payment date"Redemption Date").
(ed) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections Section 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 2 contracts
Sources: Indenture (Global Crossing LTD), Indenture (Global Crossing LTD LDC)
Optional Redemption. (a) At any time prior to November 1, 2007, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes Debentures will not be redeemable at the Company's Issuers' option prior to November August 1, 2009; provided, however2003. Thereafter, the Company may acquire Debentures will be subject to redemption at any time at the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part option of the Notes Issuers, in whole or in part, upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional Interest, if any, on the Notes Liquidated Damages thereon to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November August 1 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage PERCENTAGE OF YEAR PRINCIPAL AMOUNT ---- ---------- 2009............................................................ 103.688-------------------- 2003..................................... 106.688% 2010............................................................ 102.4582004..................................... 104.458% 2011............................................................ 101.2292005..................................... 102.229% 2012 2006 and thereafter............................................. ...................... 100.000%
(db) At Notwithstanding the foregoing, at any time prior to November August 1, 20092001, the Company Issuers may also on any one or more occasions redeem all or a part up to 35% of the Notes aggregate principal amount at maturity of Debentures originally issued under the Indenture at a redemption price equal to 100of 113.375% of the principal amount of Notes to be redeemedAccreted Value thereof (as determined on the redemption date), plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional InterestLiquidated Damages thereon, if any, to, but not including, to the redemption date, subject to with the rights net cash proceeds of Holders on the relevant record date to receive interest due on the relevant interest payment date.
(e) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof. Unless the Company defaults in the payment any Equity Offerings; provided that at least 65% of the aggregate principal amount at maturity of Debentures originally issued remain outstanding immediately after the occurrence of such redemption price, interest will cease to accrue on (excluding Debentures held by Holdings and its Subsidiaries); and provided further that such redemption shall occur within 120 days of the Notes or portions thereof called for redemption on date of the applicable redemption dateclosing of any such Equity Offering.
Appears in 2 contracts
Sources: Indenture (Anthony Crane Sales & Leasing Lp), Indenture (Anthony Crane Holdings Capital Corp)
Optional Redemption. (a) At any time prior to November 1, 2007the fourth anniversary date of the Original Issue Date, the Company may on any one or more occasions at its option redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereofNotes, plus accrued and unpaid interest and Additional Interest, if any, to, in whole but not includingin part, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes will not be redeemable at the Company's option prior to November 1, 2009; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part of the Notes upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional Interest, if any, on the Notes to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.688% 2010............................................................ 102.458% 2011............................................................ 101.229% 2012 and thereafter............................................. 100.000%
(d) At any time prior to November 1, 2009, the Company may also redeem all or a part of the Notes at a redemption price equal to 100% of the principal amount of the Notes to be redeemed, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional Interestinterest, if any, to, but not including, to the redemption date, subject to the rights of Holders on the relevant record date to receive interest due on the relevant interest payment date.
(eb) Any At any time and from time to time on or after the fourth anniversary date of the Original Issue Date, the Company may redeem the Notes, in whole or in part, at a redemption pursuant price equal to this Section 3.07 the percentage of the principal amount set forth below plus accrued and unpaid interest to the redemption date if redeemed during the twelve-month period beginning on the anniversary date of the Original Issue Date of the years indicated below: 2017...................................................................... 103.125% 2018...................................................................... 101.563% 2019 and thereafter .............................................. 100.000%
(c) At any time prior to the third anniversary date of the Original Issue Date, the Company may redeem up to 35% of the principal amount of the Notes with the Net Cash Proceeds of one or more sales of its Common Stock in an Equity Offering at a redemption price of 106.25% of the principal amount of the Notes, plus accrued and unpaid interest, if any, to the redemption date; provided that at least 65% of the aggregate principal amount of the Notes originally issued on the Original Issue Date remains outstanding after each such redemption and any such redemption takes place within 60 days after the closing of the related sale of Capital Stock.
(d) The Company will give not less than 30 days’ nor more than 60 days’ notice of any such redemption to Holders, to the Trustee and the Paying Agent. If less than all of the Notes are to be redeemed, selection of the Notes for redemption will be made on a pro-rata basis, or if the Notes are issued in global form, in accordance with applicable DTC procedures (subject, in all cases, to compliance with the rules of any national securities exchange on which the Notes may be listed). However, no Note of US$1.00 in principal amount or less shall be made pursuant redeemed in part. If any Note is to be redeemed in part only, the notice of redemption relating to such Note will state the portion of the principal amount to be redeemed. A new Note in principal amount equal to the provisions of Sections 3.01 through 3.06 hereof. Unless the Company defaults in the payment unredeemed portion will be issued upon cancellation of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption dateoriginal Note.
Appears in 2 contracts
Optional Redemption. (a) At any time prior to November 1, 2007, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
Except as set forth in subparagraphs (b) Except pursuant to Section 3.07(aand (c) or as otherwise set forth belowof this Paragraph 5, the Notes will not be redeemable at the Company's option prior to November July 1, 2009; provided, however2007. Thereafter, the Company may acquire Notes will be subject to redemption at any time at the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part option of the Notes Company, in whole or in part, upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional Interest, if any, on the Notes Interest thereon to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November July 1 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- -------------------------- ---------- 2009............................................................ 103.6882007...................... 104.125% 2010............................................................ 102.4582008...................... 102.063% 2011............................................................ 101.229% 2012 2009 and thereafter............................................. ....... 100.000%
(db) At any time prior to November Notwithstanding the provisions of subparagraph (a) of this Paragraph 5, before July 1, 20092006, the Company may also on any one or more occasions redeem all or a part up to 40% of the aggregate principal amount of Notes issued under the Indenture at a redemption price of 108.250% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest thereon, if any, to the redemption date, with the net cash proceeds of any Equity Offerings; provided that at least 60% of the aggregate principal amount of Notes issued under the Indenture remains outstanding immediately after the occurrence of such redemption (excluding Notes held by the Company and its Subsidiaries); and provided further that such redemption shall occur within 120 days of the date of the closing of any such Equity Offering.
(c) Before July 1, 2007, the Notes may also be redeemed, as a whole but not in part, at the option of the Company upon the occurrence of a Change of Control, upon not less than 30 nor more than 60 days prior notice (but in no event may any such redemption occur more than 90 days after the occurrence of such Change of Control) mailed by first-class mail to each Holder's registered address, at a redemption price equal to 100% of the principal amount of Notes to be redeemed, thereof plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional InterestInterest thereon, if any, to, but not including, the date of redemption date, subject to (the rights of Holders on the relevant record date to receive interest due on the relevant interest payment date"Redemption Date").
(e) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 2 contracts
Sources: Indenture (Dominos Inc), Indenture (Dominos Pizza Government Services Division Inc)
Optional Redemption. (a) At any time The Notes are not redeemable at the Obligors' option prior to November 1December 15, 2007, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below2002. Thereafter, the Notes will not be redeemable subject to redemption at the Company's option prior to November 1, 2009; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part of the Notes Obligors, in whole or in part, upon not less than 30 nor more than 60 15 days' notice, at the redemption prices (expressed as percentages of principal amountamount thereof) set forth below plus accrued and unpaid interest and Additional Interest, if any, on the Notes thereon to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 December 15 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.6882002..................................... 103.429% 2010............................................................ 102.4582003..................................... 102.571% 2011............................................................ 101.2292004..................................... 101.714% 2012 2005..................................... 100.857% 2006 and thereafter............................................. ...................... 100.000%
(d) At any time prior to November 1, 2009, % Notice of Redemption. Notice of redemption will be mailed at least 15 days before the Company may also redeem all or a part of the Notes at a redemption price equal to 100% of the principal amount of Notes to be redeemed, plus the Applicable Premium (as calculated by the Company) as of, date. On and accrued and unpaid interest and Additional Interest, if any, to, but not including, after the redemption date, subject to the rights of Holders on the relevant record date to receive interest due on the relevant interest payment date.
(e) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease ceases to accrue on the Notes or portions thereof of them called for redemption. If this Note is redeemed subsequent to a record date with respect to any interest payment date specified above and on or prior to such interest payment date, then any accrued interest will be paid to the Person in whose name this Note is registered at the close of business on such record date. Mandatory Redemption. The Obligors will not be required to make mandatory redemption on or repurchase payments with respect to the applicable redemption dateNotes. There are no sinking fund payments with respect to the Notes.
Appears in 2 contracts
Sources: Senior Unsecured Note (Corecomm LTD /De/), Convertible Note (Corecomm LTD /De/)
Optional Redemption. (a) At any time prior to November 1, 2007, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
Except as set forth in subsection (b) Except pursuant to of this Section 3.07(a) or as otherwise set forth below3.07, the Notes will shall not be redeemable at the CompanyIssuer's option prior to November 1June 30, 2009; provided, however2007. Thereafter, the Company may acquire Notes shall be redeemable at the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part option of the Notes Issuer, in whole at any time or in part from time to time, upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional Interestthereon, if any, on the Notes to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 June 30 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.688YEAR PERCENTAGE 2007 ................................................. 103.50% 2010............................................................ 102.4582008.................................................. 101.75% 2011............................................................ 101.229% 2012 2009 and thereafter............................................. 100.000thereafter .................................. 100.00%
(db) At Notwithstanding subsection (a) of this Section 3.07, at any time prior to November 1, 2009within 75 days after the date as of which the Issuer has knowledge of the occurrence of a Change of Control, the Company may also Issuer may, but shall in no event be required to, redeem all or a part 100% but not less than 100% of the outstanding Notes at a redemption price equal to 100101% of the principal amount of Notes to be redeemedthe Notes, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional Interestthereon, if any, to, but not including, to the redemption date, subject to the rights of Holders on the relevant record date to receive interest due on the relevant interest payment date.
(ec) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 2 contracts
Sources: Indenture (Pg&e National Energy Group Inc), Indenture (Pg&e National Energy Group Inc)
Optional Redemption. (a) At any time prior to November 1, 2007Except as otherwise provided in this Section 3.7, the Company may on not redeem any one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued prior to March 15, 2009. At any time on or after Issue Date) March 15, 2009, the Company may, at its option, redeem outstanding Notes, in whole or in part, at a redemption price of 107.375% Redemption Price equal to a percentage of the principal amount thereof, as set forth in the immediately succeeding paragraph, plus all accrued and unpaid interest and Additional Interest, if any, to, but not including, thereon to the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
Redemption Date (1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes will not be redeemable at the Company's option prior to November 1, 2009; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part of the Notes upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional Interest, if any, on the Notes to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 of the years indicated below, subject to the rights right of Holders on the relevant of record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.688% 2010............................................................ 102.458% 2011............................................................ 101.229% 2012 and thereafter............................................. 100.000%
(d) At any time prior to November 1, 2009, the Company may also redeem all or a part of the Notes at a redemption price equal to 100% of the principal amount of Notes to be redeemed, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, subject to the rights of Holders on the relevant record date to receive interest due on the relevant interest payment date.). The Redemption Price as a percentage of principal amount shall be as follows, if the Notes are redeemed during the 12-month period commencing on or after March 15 of the years set forth below: Year Percentage ---- ---------- 2009...................................................... 103.250 2010...................................................... 102.167 2011...................................................... 101.083 2012 and thereafter....................................... 100.000
(eb) Any At any time, or from time to time, on or prior to March 15, 2007 the Company may, at its option, use the net cash proceeds of one or more Equity Offerings (as defined below) to redeem up to 35% of the principal amount of the Notes issued under this Indenture at a redemption pursuant to this Section 3.07 shall be made pursuant price of 106.500% of the principal amount thereof plus accrued and unpaid interest thereon, if any, to the provisions date of Sections 3.01 through 3.06 hereof. Unless redemption; provided that:
(1) at least 65% of the principal amount of Notes issued under this Indenture remains outstanding immediately after any such redemption; and
(2) the Company defaults in makes such redemption not more than 90 days after the payment consummation of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption dateany such Equity Offering.
Appears in 2 contracts
Sources: Indenture (Trinity Marine Products, Inc.), Indenture (Trinity Industries Inc)
Optional Redemption. [The Company, at its option, may redeem this Security, in whole or in part, from time to time on and after [__________, 2003], at the redemption prices set forth below (a) At any time prior expressed as a percentage of the principal amount thereof), in each case together with accrued interest, if any, to November 1the date of redemption, 2007if redeemed during the twelve-month period beginning [_______________] of the years indicated below: Year Percentage ---- ---------- [2003] ___.__% [2004] ___.__% [2005] ___.__% [2006] and thereafter 100.00% provided that if the date fixed for redemption is [________] or [________], then the interest payable on such date shall be paid to the Holder of record on the next preceding [_________] or [__________]. Prior to [__________], 2001, the Company may on any one or more occasions may, at its option, from time to time, redeem up to 35% of the original aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) the 1998 Securities at a redemption price of 107.375equal to ___% of the principal amount thereof, plus together with accrued and unpaid interest and Additional Interestinterest, if any, to, but not including, to the date of redemption date, with all or a portion of the net cash proceeds of one or more Equity Offeringspublic sales of common stock of the Company; provided that:
(1) provided, that at least 65% of the original aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) 1998 Securities remains outstanding immediately after the occurrence of such redemption; and
(2) the and provided, further, that such redemption occurs shall occur within 180 60 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes will not be redeemable at related sale of common stock of the Company's option prior to November 1, 2009; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part of the Notes upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional Interest, if any, on the Notes to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.688% 2010............................................................ 102.458% 2011............................................................ 101.229% 2012 and thereafter............................................. 100.000%
(d) . At any time prior to November 1[____________], 20092003, the Company may also may, at its option, redeem all or the 1998 Securities, in whole but not in part, upon the occurrence of a part Change of the Notes Control, at a redemption price equal to 100% of the principal amount of Notes to be redeemedthereof, plus together with the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional Interestinterest, if any, to, the date of redemption.] In the event that less than all of the Securities of any series are to be redeemed, the Trustee shall select the Securities of such series to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Securities being redeemed are listed, or, if the Securities are not listed on a national securities exchange, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate; provided, that no Securities of $1,000 or less shall be redeemed in whole or in part. At least 30 days but not includingmore than 60 days prior to a redemption date (but, in the case of any redemption of this Security pursuant to a Change of Control, in no event more than 90 days after the occurrence of such Change of Control), the Company shall mail or cause the mailing of a notice of redemption by first-class mail to the Holder of this Security at its registered address. If this Security is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount to be redeemed. A new Security in a principal amount equal to the unredeemed portion hereof will be issued in the name of the Holder hereof upon cancellation of the original Security. On and after the redemption date, subject interest will cease to accrue on this Security or the rights of Holders on the relevant record date to receive interest due on the relevant interest payment date.
(e) Any portion hereof called for redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof. Unless unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes price or portions thereof called for redemption on the applicable redemption dateaccrued interest.
Appears in 2 contracts
Sources: Indenture (River Road Realty Corp), Exchange Note (River Road Realty Corp)
Optional Redemption. (a) At any time prior to November 1, 2007, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth belowin the next two succeeding paragraphs, the Notes will are not be redeemable at the Company's option subject to redemption prior to November the Stated Maturity, and there is no sinking fund for the Notes. On and after June 1, 2009; provided, however2022, the Company Issuer may acquire the Notes by means other than a redemptionredeem, whether pursuant at its option, all or, from time to a tender offertime, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part of the Notes Notes, upon not less than 30 nor more than 60 days' notice’ prior notice (with a copy to the Trustee), at the applicable redemption prices price set forth below (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional Interest, if any, on the Notes to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.688% 2010............................................................ 102.458% 2011............................................................ 101.229% 2012 and thereafter............................................. 100.000%
(d) At any time prior to November 1, 2009, the Company may also redeem all or a part of the Notes at a redemption price equal to 100% percentage of the principal amount of Notes to be redeemed), plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional Intereston the Notes, if any, to, but not includingexcluding, the applicable redemption date, date (subject to the rights right of Holders holders of record on the relevant record date to receive interest due on the relevant interest payment date.
), if redeemed during the 12-month period beginning on June 1 of each of the years indicated below: Year Percentage 2022 .......................................................................................................................................................................... 104.438% 2023 .......................................................................................................................................................................... 102.219% 2024 .......................................................................................................................................................................... 100.000% In addition, prior to June 1, 2022, the Issuer may redeem, at its option, all or, from time to time, part of the Notes, upon not less than 30 nor more than 60 days’ prior notice (e) Any redemption pursuant to this Section 3.07 shall be made pursuant with a copy to the provisions Trustee) at a redemption price equal to the sum of Sections 3.01 through 3.06 hereof(i) 100% of the principal amount thereof, plus (ii) the Applicable Premium as of the date of redemption, plus (iii) accrued and unpaid interest on the Notes, if any, to, but excluding, the date of redemption (subject to the right of holders of record on the relevant record date to receive interest due on the relevant interest payment date). Unless “Applicable Premium” means, with respect to any Note on any date of redemption, the Company defaults greater of (a) 1.0% of the principal amount of the Note; and (b) the excess, if any, as determined by the Issuer, of (1) the present value at such redemption date of (x) the redemption price of the Note at June 1, 2022 (such redemption price being set forth in the payment table above), plus (y) all required interest payments due on the Note through June 1, 2022 (excluding accrued but unpaid interest to the date of redemption), discounted to the date of redemption on a semi-annual basis using a discount rate equal to the Treasury Rate as of such date of redemption plus 50 basis points; over (2) the principal amount of the redemption priceNote. “Treasury Rate” means, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable as of any redemption date., the yield to maturity as of such redemption date of United States Treasury securities with a constant maturity (as compiled and published in the most recent Federal Reserve Statistical Release H.15 (519) that has become publicly available at least two business days prior to the redemption date (or, if such Statistical Release is no longer published, any publicly available source of similar market data)) most nearly equal to the period from the redemption date to June 1, 2022; provided, however, that if the period from the redemption date to June 1, 2022 of such Notes is less than one year, the weekly average yield on actively traded United States Treasury securities adjusted to a constant maturity of one year will be used. Joint Book-Running Managers: Barclays Capital Inc. Citigroup Global Markets Inc. BNP Paribas Securities Corp. ▇▇▇▇▇▇▇ ▇▇▇▇▇ & Co. LLC Mizuho Securities USA LLC RBC Capital Markets, LLC SG Americas Securities, LLC Citizens Capital Markets, Inc. Deutsche Bank Securities Inc. ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ & Co. LLC NatWest Markets Securities Inc. Regions Securities LLC Co-Managers: Natixis Securities Americas LLC Academy Securities, Inc. ▇. ▇▇▇▇▇▇▇ & Co., LLC ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ & Co., LLC Trade Date: May 12, 2020 Settlement Date: May 14, 2020 (T+2). Ratings1: Ba3 (▇▇▇▇▇’▇) / BB- (S&P) / BB+ (Kroll)
Appears in 2 contracts
Sources: Underwriting Agreement (Springleaf Finance Corp), Underwriting Agreement (OneMain Holdings, Inc.)
Optional Redemption. (a) At Holdings may (subject to contractual and other restrictions with respect thereto and the legal availability of funds therefor), at the option of the Board of Directors, redeem at any time prior to November 1on or after March 15, 20072002, from any source of funds legally available therefor, in whole or in part, in the Company may on manner set forth in the Certificate of Designations, any one or more occasions redeem up to 35% all of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% shares of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes will not be redeemable at the Company's option prior to November 1, 2009; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part of the Notes upon not less than 30 nor more than 60 days' noticeSenior Preferred Stock, at the redemption prices (expressed as percentages a percentage of principal amountthe liquidation preference thereof) set forth below plus accrued plus, without duplication, an amount in cash equal to all accumulated and unpaid interest and Additional Interest, if any, on dividends per share (including an amount in cash equal to a prorated dividend for the Notes period from the Dividend Payment Date immediately prior to be redeemed to, but not including, the applicable redemption dateRedemption Date to the Redemption Date), if redeemed during the twelve12-month period beginning on November 1 March 15 of each of the calendar years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.6882002......................................................106.500% 2010............................................................ 102.4582003......................................................104.333% 2011............................................................ 101.2292004......................................................102.167% 2012 2005 and thereafter............................................. thereafter ......................................100.000%
(db) At In addition, at any time prior time, Holdings any redeem, subject to November 1certain restrictions in the Certificate of Designations, 2009, the Company may also redeem all or a part shares of the Notes Senior Preferred Stock, in whole or in part, at the option of Holdings, at a redemption price equal to 100113% of the principal amount of Notes to be redeemedliquidation preference thereof, plus an amount in cash equal to all accumulated and unpaid dividends per share (including an amount in cash equal to a prorated dividend for the Applicable Premium period from the Dividend Payment Date immediately prior to the Redemption Date to the Redemption Date), with the proceeds of a Public Equity Offering (as calculated by the Company) as of, and accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, subject to the rights of Holders on the relevant record date to receive interest due on the relevant interest payment date.
(e) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof. Unless the Company defaults defined in the payment Certificate of the Designations), provided that such redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption dateoccurs within 60 days after consummation of such Public Equity Offering.
Appears in 2 contracts
Sources: Unit Agreement (Anvil Holdings Inc), Unit Agreement (Cottontops Inc)
Optional Redemption. (a) At any time prior to November 1, 2007, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; Except as provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes Debentures will not be redeemable at the Company's Issuers' option prior to November August 1, 2009; provided, however2003. Thereafter, the Company may acquire Debentures will be subject to redemption at any time at the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part option of the Notes Issuers, in whole or in part, upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional Interest, if any, on the Notes Liquidated Damages thereon to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November August 1 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage PERCENTAGE OF YEAR PRINCIPAL AMOUNT ---- ---------- 2009............................................................ 103.688---------------- 2003....................................................... 106.688% 2010............................................................ 102.4582004....................................................... 104.458% 2011............................................................ 101.2292005....................................................... 102.229% 2012 2006 and thereafter............................................. ........................................ 100.000%
(db) At Notwithstanding the foregoing, at any time prior to November August 1, 20092001, the Company Issuers may also on any one or more occasions redeem all or a part up to 35% of the Notes aggregate principal amount at maturity of Debentures originally issued under the Indenture at a redemption price equal to 100of 113.375% of the principal amount of Notes to be redeemedAccreted Value thereof (as determined on the redemption date), plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional InterestLiquidated Damages thereon, if any, to, but not including, to the redemption date, subject to with the rights net cash proceeds of Holders on the relevant record date to receive interest due on the relevant interest payment date.
(e) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof. Unless the Company defaults in the payment any Equity Offerings; provided that at least 65% of the aggregate principal amount at maturity of Debentures originally issued remain outstanding immediately after the occurrence of such redemption price, interest will cease to accrue on (excluding Debentures held by Holdings and its Subsidiaries); and provided further that such redemption shall occur within 120 days of the Notes or portions thereof called for redemption on date of the applicable redemption dateclosing of any such Equity Offering.
Appears in 2 contracts
Sources: Indenture (Anthony Crane Sales & Leasing Lp), Indenture (Anthony Crane Holdings Capital Corp)
Optional Redemption. (a) At any time prior to November April 1, 20072005, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375111.25% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, to the redemption date, with the net cash proceeds of one or more Equity Offerings; , provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture remains outstanding immediately after the occurrence of such redemption (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption); and
(2) the redemption occurs within 180 90 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth belowthe preceding paragraph, the Notes will may not be redeemable redeemed at the Company's option of the Company prior to November April 1, 2009; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture2007.
(c) On or after November After April 1, 20092007, the Company may redeem all or a part of the Notes upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest interest, and Additional Interest, if any, on the Notes thereon, to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November April 1 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.688% 2010............................................................ 102.458% 2011............................................................ 101.229% 2012 2007 ........................................................ 105.6 2008 ........................................................ 103.7 2009 ........................................................ 101.8 2010 and thereafter............................................. thereafter ......................................... 100.000%
(d) At any time prior to November 1, 2009, the Company may also redeem all or a part of the Notes at a redemption price equal to 100% of the principal amount of Notes to be redeemed, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, subject to the rights of Holders on the relevant record date to receive interest due on the relevant interest payment date.
(e) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections Section 3.01 through 3.06 hereof. Unless .
(e) In the event that the Company defaults is required to commence a Change of Control Offer to all Holders to purchase Notes, it will follow the procedures specified in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption dateSection 4.15.
Appears in 2 contracts
Sources: Indenture (Icon Health & Fitness Inc), Indenture (Icon Health & Fitness Inc)
Optional Redemption. (a) At any time prior to November 1, 2007Except as set forth in paragraphs 5(b) below, the Company may on any one or more occasions shall not have the option to redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes will not be redeemable at the Company's option prior to November 1[_____], 2009; provided, however200[_]. Thereafter, the Company may acquire shall have the Notes by means other than a redemptionoption to redeem the Notes, whether pursuant to a tender offerin whole or in part, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part of the Notes upon not less than 30 nor more than 60 days' prior notice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional InterestLiquidated Damages, if any, on the Notes thereon to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 [_____] of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.688200[_]................................................................ [ ]% 2010............................................................ 102.458200[_]................................................................ [ ]% 2011............................................................ 101.229% 2012 200[_] and thereafter............................................. 100.000................................................. 100.0000%
(db) At Notwithstanding the foregoing, at any time prior to November 1[______], 2009200[_], the Company may also redeem all or a part up to 35% of the aggregate principal amount of Notes originally issued under the Indenture at a redemption price equal to 100of [__]% of the principal amount of Notes to be redeemedthereof, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional InterestLiquidated Damages, if any, to, but not including, to the redemption date, subject to with the rights net cash proceeds of Holders on the relevant record date to receive interest due on the relevant interest payment date.
(e) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions initial Public Equity Offerings of Sections 3.01 through 3.06 hereof. Unless the Company defaults in or the payment Parent; provided that (A) at least 65% of the redemption price, interest will cease to accrue on aggregate principal amount of the Notes or portions thereof called for originally issued under the Indenture remains outstanding immediately after the occurrence of such redemption, excluding Notes held by the Parent, the Company and its Subsidiaries; and (B) the redemption on must occur within 60 days of the applicable redemption datedate of the closing of such initial Public Equity Offering.
Appears in 2 contracts
Sources: Note Purchase Agreement (Signal Medical Services), Note Purchase Agreement (Jw Childs Equity Partners Ii Lp)
Optional Redemption. (a) At any time prior to November 1, 2007Except as set forth in subparagraphs (b) and (c) of this Paragraph 5, the Company may on any one or more occasions will not have the option to redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes will not be redeemable at the Company's option prior to November 1January 15, 2009; provided, however. Thereafter, the Company may acquire will have the Notes by means other than a redemptionoption to redeem the Notes, whether pursuant to a tender offerin whole or in part, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part of the Notes upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional Special Interest, if any, on the Notes thereon to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 January 15 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.688.................................................. 104.000% 2010............................................................ 102.458.................................................. 102.667% 2011............................................................ 101.229.................................................. 101.333% 2012 and thereafter............................................. ................................... 100.000%
(db) At Notwithstanding the provisions of subparagraph (a) of this Paragraph 5, at any time prior to November 1July 15, 2006, the Company may at its option on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under the Indenture with the net cash proceeds of one or more Equity Offerings at a redemption price equal to 108.000% of the principal amount, plus accrued and unpaid interest and Special Interest, if any, to the redemption date; provided that at least 65% in aggregate principal amount of the Notes originally issued under the Indenture remains outstanding immediately after the occurrence of such redemption (excluding Notes held by the Company and its Subsidiaries); and such redemption occurs within 120 days of the date of the closing of such Equity Offering.
(c) Notwithstanding the provisions of subparagraph (a) of this Paragraph 5, at any time prior to January 15, 2009, the Company may also at its option redeem all or a part of the Notes upon not less than 30 nor more than 60 days' prior notice at a redemption price equal to 100the greater of (1) 100.000% of the principal amount of the Notes to be being redeemed and (2) as determined by the Quotation Agent, the sum of the present values of 104.000% of the principal amount of the Notes being redeemed, plus all scheduled payments of interest on such Notes to and including January 15, 2009 (but not including accrued and unpaid interest to the Applicable Premium redemption date), in each case discounted to the redemption date on a semi-annual basis (as calculated by assuming a 360-day year consisting of twelve 30-day months) at the Company) as ofAdjusted Treasury Rate plus 50 basis points, and together in each case with accrued and unpaid interest and Additional Special Interest, if any, to, but not including, the redemption date, subject to the rights of Holders on the relevant record date to receive interest due on the relevant interest payment date.
(e) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 2 contracts
Sources: Indenture (Georgia Pacific Corp), Indenture (Georgia Pacific Corp)
Optional Redemption. (a) At any time prior to November 1, 2007, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under Except as described in this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below3.08, the Notes will not be redeemable at the Company's option prior to November 1June 15, 2009; provided2002. On and after June 15, however2002, the Company may acquire Notes will be subject to redemption at the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part option of the Notes Company, in whole or in part, upon not less than 30 nor more than 60 days' written notice, at the redemption prices Redemption Prices (expressed as percentages a percentage of principal amount) set forth below below, plus accrued and unpaid interest and Additional Interestthereon, if any, on the Notes to be redeemed to, but not including, the applicable redemption dateRedemption Date, if redeemed during the twelve-month period beginning on November 1 June 15 of each of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage REDEMPTION YEAR PRICE ---- ---------- 2009............................................................ 103.6882002........................................................... 105.563% 2010............................................................ 102.4582003........................................................... 103.708% 2011............................................................ 101.2292004........................................................... 101.854% 2012 2005 and thereafter............................................. ............................................ 100.000%
(d) At % In addition, at any time prior to November 1June 15, 20092000, the Company may also on any one or more occasions redeem all up to 33 1/3% of the aggregate principal amount of Notes originally issued (including, for this purpose, one or more series of Notes issued under this Indenture after the date hereof) at a part Redemption Price of 111.125% of the principal amount thereof, plus accrued and unpaid interest and Liquidated Damages, if any, thereon to the Redemption Date, with the net cash proceeds of one or more Public Equity Offerings; provided that at least 66 2/3% of the Notes originally issued (including, for this purpose, one or more series of Notes issued under this Indenture after the date hereof) remain outstanding immediately after the occurrence of such redemption and provided, further, that such redemption occurs within 60 days of the date of the closing of such Public Equity Offering. In addition, at any time prior to June 15, 2002, the Company may, at its option, redeem the Notes, in whole or in part, at a redemption price Redemption Price equal to 100% of the principal amount of Notes to be redeemed, thereof plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, subject to the rights of Holders on the relevant record date to receive interest due on the relevant interest payment dateapplicable Make-Whole Premium.
(eb) Any redemption pursuant to this Section 3.07 3.08 shall be made pursuant to the provisions of Sections 3.01 through 3.06 3.07 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 2 contracts
Sources: Indenture (Massic Tool Mold & Die Inc), Credit Agreement (Massic Tool Mold & Die Inc)
Optional Redemption. (a) At any time prior to November 1, 2007Except as set forth in clause (b) of this Section 3.07, the Company may on any one or more occasions shall not have the option to redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to this Section 3.07(a) or as otherwise set forth below, the Notes will not be redeemable at the Company's option 3.07 prior to November February 1, 2009; provided, however2003. Thereafter, the Company may acquire shall have the Notes by means other than a redemptionoption to redeem the Notes, whether pursuant to a tender offerin whole or in part, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part of the Notes upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amount) set forth below below, plus accrued and unpaid interest and Additional InterestLiquidated Damages, if any, on the Notes thereon to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November February 1 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.688YEAR PERCENTAGE 2003.............................................104.563% 2010............................................................ 102.4582004.............................................103.042% 2011............................................................ 101.2292005.............................................101.521% 2012 2006 and thereafter............................................. ..............................100.000%
(db) At any time Notwithstanding the foregoing, prior to November February 1, 20092001, the Company may also may, on any one or more occasions, redeem all or a part up to 35% of the aggregate principal amount of Notes originally issued in the Offering at a redemption price equal to 100of 109.125% of the principal amount of Notes to be redeemedthereof, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional InterestLiquidated Damages, if any, to, but not including, thereon to the redemption date, subject to with the rights net cash proceeds of Holders on an offering of common equity of the relevant record Company (other than Disqualified Stock); provided that (i) at least 65% of the aggregate principal amount of the Notes originally issued in the Offering remain outstanding immediately after the occurrence of each such redemption (excluding Notes held by the Company and its Subsidiaries) and (ii) each such redemption shall occur within 75 days after the date to receive interest due on of the relevant interest payment dateclosing of any such offering of common equity of the Company.
(ec) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections Section 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Sources: Indenture (SFX Entertainment Inc)
Optional Redemption. (a) At any time prior to November 1, 2007, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
Except as set forth in clause (b) Except pursuant to of this Section 3.07(a) or as otherwise set forth below3.07, the Subordinated Notes will shall not be redeemable at the Company's option prior to November 1March 15, 2009; provided, however2003. Thereafter, the Company may acquire Subordinated Notes shall be subject to redemption at any time at the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part option of the Notes Company, in whole or in part, upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional InterestLiquidated Damages thereon, if any, on the Notes to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 March 15 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.6882003.......................................106.875% 2010............................................................ 102.4582004.......................................104.583% 2011............................................................ 101.2292005.......................................102.293% 2012 2006 and thereafter............................................. ........................100.000%
(db) At Notwithstanding the foregoing, at any time prior to November 1March 15, 20092001, the Company may also may, at its option, redeem all or a part up to one-half of the aggregate principal amount of Subordinated Notes at a redemption price equal to 100113.75% of the principal amount of Notes to be redeemedthereof, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional InterestLiquidated Damages thereon, if any, towith the net cash proceeds of an Equity Offering; provided that at least one-half of the original aggregate principal amount of the Subordinated Notes remains outstanding immediately after the occurrence of such redemption (excluding Subordinated Notes held by the Company and its Subsidiaries); and provided, but not includingfurther, that any such redemption shall occur within 60 days of the redemption date, subject to date of the rights closing of Holders on the relevant record date to receive interest due on the relevant interest payment date.
(e) such Equity Offering. Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections Section 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Sources: Indenture (Sf Holdings Group Inc)
Optional Redemption. (a) At any time prior to November 1The Company may, 2007at its option, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, toall, but not includingless than all, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes will not be redeemable at the Company's option prior to November 1, 2009; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part of the Notes at any time upon not less than 30 nor more than 60 days' ’ prior notice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional Interest, if any, on the Notes to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.688% 2010............................................................ 102.458% 2011............................................................ 101.229% 2012 and thereafter............................................. 100.000%
(d) At any time prior to November 1, 2009, the Company may also redeem all or a part of the Notes at a redemption price equal to 100% of the principal amount of the Notes to be redeemed, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional Interest, if any, to, but not including, to the redemption date, subject upon the occurrence of a Tax event. Except as set forth in the preceding paragraph, the Company may not redeem Notes at its option prior to [ ], 2011. At any time and from time to time on or after [ ], 2011, the Notes shall be redeemable, at the Company’s option, in whole or in part for cash at the following redemption prices (expressed as a percentage of principal amount), plus accrued and unpaid interest on the Notes redeemed, to the rights of Holders relevant Redemption Date, if redeemed during the 12-month period commencing on the relevant record date to receive interest due on the relevant interest payment date.
(e) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof. Unless the Company defaults in the payment [ ] of the years set forth below: 2011 ............................... % 2012 ............................... % 2013 ............................... % 2014 ............................... % 2015 ............................... % 2016 and thereafter ........ 100.00 % On and after the redemption pricedate, interest will cease to accrue on the Notes or portions thereof called for redemption, so long as the Company has deposited with the paying agent funds (in US Dollars) sufficient to pay the principal of, plus accrued and unpaid interest (including any deferred interest and accrued interest thereon) on, the Notes to be redeemed. A full or partial redemption on of the applicable redemption dateNotes will result in an automatic separation of the IDSs.
Appears in 1 contract
Optional Redemption. Except as provided below, the Notes may not be redeemed prior to their final maturity at the Company’s option.
(a) At any time prior Prior to November 1May 15, 20072020, the Notes may be redeemed, in whole or in part, at the option of the Company, at a redemption price equal to 100% of the principal amount of the Notes redeemed plus the Applicable Premium as of, and accrued and unpaid interest, if any, to but not including, the applicable redemption date (subject to the right of Holders of record on the relevant record date to receive interest due on the relevant interest payment date).
(b) On or after May 15, 2020, the Company may redeem all or a part of the Notes at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest thereon, if any, to the applicable redemption date, if redeemed during the twelve-month period beginning on May 15 of the years indicated below: 2020..................................................................................................................... 103.000% 2021..................................................................................................................... 101.500% 2022 and thereafter.............................................................................................. 100.000%
(c) In addition, prior to May 15, 2020, the Company may at its option on any one or more occasions redeem up the Notes (including Additional Notes, if any) in an aggregate principal amount not to exceed 35% of the aggregate principal amount of the Notes (including Additional Notes, if any) originally issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375106.000% of the principal amount thereof, plus accrued and unpaid interest and Additional Interestthereon, if any, to, but not including, to the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1i) at least 65% of the such aggregate principal amount of the Notes (including Additional Notes, if any) originally issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemptionredemption (other than Notes held directly or indirectly by the Parent Company, the Company and its Affiliates); and
(2ii) the each such redemption occurs must occur within 180 90 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes will not be redeemable at the Company's option prior to November 1, 2009; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part of the Notes upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional Interest, if any, on the Notes to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.688% 2010............................................................ 102.458% 2011............................................................ 101.229% 2012 and thereafter............................................. 100.000%
(d) At any time prior to November 1, 2009, the Company may also redeem all or a part of the Notes at a redemption price equal to 100% of the principal amount of Notes to be redeemed, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, subject to the rights of Holders on the relevant record date to receive interest due on the relevant interest payment date.
(e) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections Section 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Sources: Indenture (Cenveo, Inc)
Optional Redemption. (a) At any time prior to November 1, 2007, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth described below, the Notes Securities will not be redeemable at the Company's option prior to November 1August 15, 2009; provided2002. From and after August 15, however2002, the Company may acquire Securities shall be subject to redemption at any time at the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part option of the Notes Company, in whole or in part, upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amount) set forth below below, plus accrued and unpaid interest and Additional Interestthereon, if any, on the Notes to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 of the years indicated below, Redemption Date (subject to the rights right of Holders on the relevant holders of record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.688% 2010............................................................ 102.458% 2011............................................................ 101.229% 2012 and thereafter............................................. 100.000%
(d) At any time prior to November 1, 2009, the Company may also redeem all or a part of the Notes at a redemption price equal to 100% of the principal amount of Notes to be redeemed, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, subject to the rights of Holders on the relevant record date to receive interest due on the relevant interest payment date.
(e) Any ), if redeemed during the twelve-month period beginning on August 15 of each of the years indicated below: Year Redemption Price ---- ---------------- 2002........................................................................................ 105.875% 2003........................................................................................ 103.917% 2004........................................................................................ 101.958% 2005 and thereafter......................................................................... 100.000% In addition, at any time or from time to time, on or prior to August 15, 2001, the Company may, at its option, redeem up to 35% of the aggregate principal amount of Securities originally issued under the Indenture on the Closing Date at a redemption pursuant price equal to this Section 3.07 shall be made pursuant 111.75% of the aggregate principal amount thereof, plus accrued and unpaid interest and Liquidated Damages thereon, if any, to the provisions Redemption Date (subject to the right of Sections 3.01 through 3.06 hereofholders of record on the relevant record date to receive interest due on the relevant interest payment date), with the net proceeds of one or more Equity Offerings; provided that at least 65% of the aggregate principal amount of Securities originally issued under the Indenture on the Closing Date (including the applicable Exchange Securities) remains outstanding immediately after the occurrence of each such redemption; provided further that each such redemption occurs within 60 days of the date of closing of each such Equity Offering. Unless At any time on or prior to August 15, 2002, the Securities may also be redeemed as a whole, but not in part, at the option of the Company defaults upon the occurrence of a Change of Control, upon not less than 30 nor more than 60 days prior notice (but in no event more than 90 days after the payment occurrence of such Change of Control) mailed by first-class mail to each Holder's registered address, at a redemption price equal to 100% of the redemption priceprincipal amount thereof plus the Applicable Premium as of, interest will cease and accrued and unpaid interest, if any, to, the Redemption Date (subject to accrue the right of Holders of record on the Notes or portions thereof called for redemption relevant record date to receive interest due on the applicable redemption relevant interest payment date).
Appears in 1 contract
Sources: Indenture (Evenflo Co Inc)
Optional Redemption. (a) At any time prior to November 1, 2007, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes will not be redeemable at the Company's option prior to November 1, 2009; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the The Company may redeem all the Securities, in whole or a part of the Notes upon in part, at any time on or after December 15, 2001, on not less than 30 nor more than 60 days' notice, prior notice in principal amounts of $1,000 or any integral multiple of $1,000 at the following redemption prices (expressed as in percentages of principal amount) set forth below plus accrued and unpaid interest and Additional Interestinterest, if any, on to the Notes to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 of the years indicated below, date (subject to the rights right of Holders on the relevant of record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.688% 2010............................................................ 102.458% 2011............................................................ 101.229% 2012 and thereafter............................................. 100.000%
(d) At any time prior to November 1, 2009, the Company may also redeem all or a part of the Notes at a redemption price equal to 100% of the principal amount of Notes to be redeemed, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, subject to the rights of Holders on the relevant record date to receive interest due on the relevant interest payment date.
), if redeemed during the 12-month period commencing: Optional Redemption Period Percentage ---------- ---------- December 15, 2001........................................ 104.3125% December 15, 2002........................................ 102.8750% December 15, 2003........................................ 101.4375% and thereafter, beginning December 15, 2004, at 100%. In the event that, on or prior to the date which is three years after the Issue Date, the Company consummates a public offering of the Common Stock of the Company, the Company may, at its option, on not less than 30 nor more than 60-days' notice, redeem, but only to the extent of such net cash proceeds actually received by it, up to 50% of the principal amount of the Securities then outstanding at a redemption price equal to 108.625% of the principal amount thereof at the date of redemption, provided that no such redemption may be made if and to the extent that, after giving effect thereto, less than a majority of the principal amount of the Securities originally issued would be outstanding. Any such redemption shall be made within 75 days of the consummation of any such sale. In the event a Change of Control occurs, the Company shall have the option to redeem all, but not less than all, of the Securities, at a redemption price equal to the sum of (ex) Any 100% of the principal amount thereof plus accrued and unpaid interest thereon to the redemption pursuant date and (y) the Applicable Premium with respect to this Section 3.07 shall each $1,000 principal amount of Securities so redeemed. Notice of any redemption to be made pursuant to this paragraph must be given no later than 10 days after the provisions Change of Sections 3.01 through 3.06 hereof. Unless the Company defaults in the payment Control Payment Date, and redemption must be made within 30 days of the redemption pricedate of such notice. If less than all of the Securities are to be redeemed, interest will cease to accrue on the Notes Trustee shall select the Securities or portions thereof called for redemption on the to be redeemed pro rata, by lot or by a method that complies with applicable redemption datelegal and securities exchange requirements.
Appears in 1 contract
Optional Redemption. (a) At any time prior to November 1, 2007, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
Except as set forth in subparagraph (b) Except pursuant to Section 3.07(a) or as otherwise set forth belowof this Paragraph 5, the Notes Issuer will not be redeemable at have the Company's option to redeem the Notes prior to November February 1, 2009; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) 2008. On or after November February 1, 20092008, the Company may Issuer will have the option to redeem all or a part of the Notes upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional Interest, if anyinterest, on the Notes redeemed to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 February 1, of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment dateRegular Interest Payment Date: Year Percentage ---- ---------- 2008.................................................... 104.250% 2009............................................................ 103.688.................................................... 102.833% 2010............................................................ 102.458.................................................... 101.416% 2011............................................................ 101.229% 2012 2011 and thereafter............................................. ..................................... 100.000%
(d) At any time prior to November 1, 2009, the Company may also redeem all or a part of the Notes at a redemption price equal to 100% of the principal amount of Notes to be redeemed, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, subject to the rights of Holders on the relevant record date to receive interest due on the relevant interest payment date.
(e) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof. Unless the Company Issuer defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date.
(b) Notwithstanding the provisions of subparagraph (a) of this Paragraph 5, at any time prior to February 1, 2007, the Issuer may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under the Indenture with the net cash proceeds of one of more Public Equity Offerings of the Company at a redemption price equal to 108.500% of the principal amount thereof, plus accrued and unpaid interest to the redemption date; provided that at least 65% in aggregate principal amount of the Notes originally issued under the Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption of Notes and that such redemption occurs within 60 days of the date of the closing of such Public Equity Offering.
Appears in 1 contract
Optional Redemption. (a) On or after August 1, 2026, the Company may redeem, at any time, all or, from time to time, a portion of the 2029 Notes, at the following redemption prices (expressed as percentages of the principal amount), plus accrued and unpaid interest, if any, thereon, to, but not including, the applicable redemption date (subject to the rights of Holders of record on relevant record dates to receive interest due on the relevant Interest Payment Date), if redeemed during the twelve-month period beginning on August 1 of the years indicated below: 2026………………………………………….. 103.375% 2027………………………………………….. 101.688% 2028 and thereafter………………………….. 100.000%
(b) On or after August 1, 2027, the Company may redeem, at any time, all or, from time to time, a portion of the 2032 Notes, at the following redemption prices (expressed as percentages of the principal amount), plus accrued and unpaid interest, if any, thereon, to, but not including, the applicable redemption date (subject to the rights of Holders of record on relevant record dates to receive interest due on the relevant Interest Payment Date), if redeemed during the twelve-month period beginning on August 1 of the years indicated below: 2027………………………………………….. 103.500% 2028………………………………………….. 101.750% 2029 and thereafter………………………….. 100.000%
(c) At any time and from time to time prior to November August 1, 20072026 (in the case of the 2029 Notes) or August 1, 2027 (in the case of the 2032 Notes), the Company may may, at its option, on any one or more occasions redeem up to 3540% of the aggregate principal amount of the Notes of such series (including Additional Notes of such series) issued under this Indenture (including additional notes issued after Issue Date) with the Net Cash Proceeds of one or more Equity Offerings at a redemption price of 107.375106.750% (in the case of the 2029 Notes) or 107.000% (in the case of the 2032 Notes) of the principal amount thereof, plus accrued and unpaid interest and Additional Interestinterest, if any, to, but not including, the redemption datedate (subject to the right of Holders of record on the relevant record date to receive interest due on the relevant Interest Payment Date); provided, with the net cash proceeds of one or more Equity Offerings; provided that:
that (1) at least 6560% of the aggregate original principal amount of the Notes of such series issued under this Indenture (excluding Notes held by on the Company and its Subsidiaries) Issue Date remains outstanding immediately after the occurrence of each such redemption; and
and (2) the redemption occurs within 180 days of the date of after the closing of such the related Equity Offering.
(bd) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes will not be redeemable at the Company's option prior to November 1, 2009; provided, however, the The Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part of the Notes upon not less than 30 nor more than 60 days' noticemay, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional Interestits option, if anyalso redeem, on the Notes to be redeemed toin whole or in part, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.688% 2010............................................................ 102.458% 2011............................................................ 101.229% 2012 and thereafter............................................. 100.000%
(d) At at any time prior to November August 1, 2009, 2026 (in the Company may also redeem all or a part case of the Notes 2029 Notes) or August 1, 2027 (in the case of the 2032 Notes), at a redemption price equal to 100% of the principal amount of the Notes to be redeemed, of such series redeemed plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional Interest, if any, to, but not including, the applicable redemption date, date (subject to the rights right of Holders of record on the relevant record date to receive interest due on the relevant interest payment dateInterest Payment Date). In connection with any redemption pursuant to this Sub-Section 3.07(d), the Company will (i) calculate the Treasury Rate as of the second Business Day preceding the applicable redemption date and (ii) prior to such redemption date file with the Trustee an Officers’ Certificate setting forth the Applicable Premium and the Treasury Rate and showing the calculation of each in reasonable detail.
(e) The Company may also redeem all of the Notes as provided in Section 4.15(j).
(f) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date3.06.
Appears in 1 contract
Sources: Indenture (SM Energy Co)
Optional Redemption. (a) At The Company shall have the right to redeem the Convertible Debentures, in whole or in part, at any time prior or from time to November 1time after April 3, 2007, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes will not be redeemable at the Company's option prior to November 1, 2009; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part of the Notes 2001 upon not less than 30 nor more than 60 days' notice, at the optional redemption prices (expressed as percentages a percentage of the principal amountamount of Convertible Debentures to be redeemed) set forth below shown below, plus any accrued and unpaid interest and (including Additional InterestPayments, if any, on ) to the Notes to be redeemed to, but not including, the applicable redemption dateRedemption Date, if redeemed during the twelve12-month period beginning on November 1 April 3: Percentage of Principal Year Amount ---- ------------- 2001 .................................. 103.00% 2002 .................................. 102.25% 2003 .................................. 101.50% 2004 .................................. 100.75% 2005 and thereafter ................... 100.00% If the years indicated belowCompany has deferred interest payments, subject to the rights of Holders on the relevant record date to receive all unpaid interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.688% 2010............................................................ 102.458% 2011............................................................ 101.229% 2012 and thereafter............................................. 100.000%
(d) At any time must be paid in cash prior to November 1, 2009, the Company may also redeem all or a part of the Notes at a redemption price equal to 100% of the principal amount of Notes to be redeemed, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, subject to the rights of Holders on the relevant record date to receive interest due on the relevant interest payment date.
(e) redemption. Any redemption pursuant to this Section 3.07 1101 shall be made pursuant to the provisions of Sections 3.01 1103 through 3.06 1108 hereof. Unless .
(b) If a partial redemption of the Convertible Debentures would result in the delisting of the Preferred Securities issued by the Trust from any national securities exchange or other organization on which the Preferred Securities are listed, the Company defaults shall not be permitted to effect such partial redemption and may only redeem the Convertible Debentures in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption datewhole.
Appears in 1 contract
Sources: Indenture (Central Parking Corp)
Optional Redemption. (a) At any time prior to November 1, 2007, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the The Notes will not be redeemable at the Company's option prior to November 1July 15, 2009; provided2000. Commencing on July 16, however2000, the Company may acquire Notes will be subject to redemption at the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part option of the Notes Company, in whole or in part, upon not less than 30 nor more than 60 days' noticenotice -------- 2 Legend to be included only on Restricted Global Securities and Restricted Certificated Securities. to the holders thereof, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional InterestLiquidated Damages, if any, on the Notes thereon to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 July 16 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.6882000................................... 105.000% 2010............................................................ 102.4582001................................... 103.000% 2011............................................................ 101.2292002 .................................. 101.000% 2012 2003 and thereafter............................................. .................... 100.000%
(d% Notwithstanding the provisions of Section 3.07(a) At any time of the Indenture, in the event of the sale by the Company prior to November 1July 16, 20092000 of its securities in one or more Secondary Public Offerings, up to a maximum of 35% of the Company may also redeem all or a part aggregate principal amount of the Notes originally issued will, at the option of the Company, be redeemable from the net cash proceeds of such secondary Public Offerings (but only to the extent the proceeds of such Secondary Public Offerings consist of cash or readily marketable cash equivalents) at a redemption price equal to 100107% of the principal amount of Notes to be redeemed, thereof plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional InterestLiquidated Damages, if any, to, but not including, thereon to the redemption date, subject to the rights of Holders on the relevant record date to receive interest due on the relevant interest payment date.
(e) Any provided that such redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof. Unless the Company defaults in the payment occurs within 90 days of the redemption price, interest will cease to accrue on date of the Notes or portions thereof called for redemption on the applicable redemption dateclosing of such Secondary Public Offering.
Appears in 1 contract
Sources: Indenture (Concord Camera Corp)
Optional Redemption. (a) At any time prior to November 1March 15, 2007, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued Indenture, calculated after Issue Date) giving effect to the issuance of Additional Notes, if any, at a redemption price of 107.375106.750% of the principal amount thereofamount, plus accrued and unpaid interest and Additional Special Interest, if any, to, but not including, to the redemption date, with the net cash proceeds of one or more Equity Offeringsa sale of Common Stock of the Company; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture Indenture, calculated after giving effect to the issuance of Additional Notes, if any issued, remains outstanding immediately after the occurrence of such redemption (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption); and
(2) the redemption occurs within 180 60 days of the date of the closing of such Equity Offeringsale of Common Stock.
(b) Except pursuant to clause (a) above and as described below under clause (d) of this Section 3.07(a) or as otherwise set forth below3.07, the Notes will not be redeemable at the Company's option prior to November 1before March 15, 2009; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1March 15, 2009, the Company may redeem all or a part of the Notes upon not less than 30 nor more than 60 days' prior notice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional Special Interest, if any, on the Notes redeemed, to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 March 15 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage YEAR PERCENTAGE ---- ---------- 2009............................................................ 103.688................................. 103.375% 2010............................................................ 102.458................................. 102.250% 2011............................................................ 101.229................................. 101.125% 2012 and thereafter............................................. .................. 100.000%
(d) At any time prior to November 1, 2009, the Redemption for Changes in Canadian Withholding Taxes: The Company may also redeem all or a part all, but not less than all, of the Notes at a redemption price equal to any time at 100% of the aggregate principal amount of Notes to be redeemedthe Notes, plus the Applicable Premium (as calculated by the Company) as of, and together with accrued and unpaid interest and Additional Special Interest, if any, to, but not including, on the Notes redeemed to the applicable redemption date, subject if the Company has become or would become obligated to pay, on the next date on which any amount would be payable with respect to the rights Notes, any Additional Amounts as a result of Holders a change in the laws (including any regulations promulgated thereunder) of Canada (or any political subdivision or taxing authority thereof or therein), or any change in any official position of any governmental agency, taxing authority or regulatory authority regarding the application or interpretation of such laws or regulations, which change is announced or becomes effective on the relevant record date to receive interest due on the relevant interest payment dateor after February 27, 2004.
(e) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Sources: Indenture (Ainsworth Lumber Co LTD)
Optional Redemption. (a) At any time prior to November 1, 2007Except as set forth in subparagraph (b) of this Paragraph 5, the Company may on any one or more occasions will not have the option to redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes will not be redeemable at the Company's option prior to November June 1, 2009; provided2008. On or after June 1, however2008, the Company may acquire will have the Notes by means other than a redemption, whether pursuant option to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part of the Notes upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional InterestLiquidated Damages, if any, on the Notes redeemed to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November June 1 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2008............................................................................. 104.063% 2009............................................................ 103.688............................................................................. 102.031% 2010............................................................ 102.458% 2011............................................................ 101.229% 2012 2010 and thereafter............................................. .............................................................. 100.000%
(d) At any time prior to November 1, 2009, the Company may also redeem all or a part of the Notes at a redemption price equal to 100% of the principal amount of Notes to be redeemed, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, subject to the rights of Holders on the relevant record date to receive interest due on the relevant interest payment date.
(e) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date.
(b) Notwithstanding the provisions of subparagraph (a) of this Paragraph 5, at any time prior to June 1, 2007, the Company may on one or more occasions redeem up to 35% of the aggregate principal amount of Notes (including Additional Notes) issued under the Indenture at a redemption price of 108.125% of the principal amount thereof, plus accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that at least 65% of the aggregate principal amount of Notes issued under the Indenture remains outstanding immediately after the occurrence of such redemption (excluding Notes held by AREP and its Subsidiaries (including any Guarantor)) and such redemption occurs within 60 days of the date of the closing of such Equity Offering.
Appears in 1 contract
Optional Redemption. (a) At The Company shall have the right to redeem the Securities, in whole or in part, at any time prior or from time to November 1, 2007, the Company may time on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes will not be redeemable at the Company's option prior to November 1, 2009; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part of the Notes [ ] upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional Interest, if any, on the Notes to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.688% 2010............................................................ 102.458% 2011............................................................ 101.229% 2012 and thereafter............................................. 100.000%
(d) At any time prior to November 1, 2009, the Company may also redeem all or a part of the Notes at a redemption price equal to 100[ ]% of the principal amount of Notes the Securities to be redeemed, redeemed plus the Applicable Premium (as calculated by the Company) as of, and any accrued and unpaid interest and (including Additional InterestPayments, if any, to, but not including, the redemption date, subject ) to the rights Redemption Date, if redeemed on or before [ ], and at the following optional redemption prices (expressed as a percentage of Holders on the relevant record date principal amount of Securities), if redeemed during the 12- month period beginning [ ]: Percentage of Principal Year Amount ---- ------------- ............................................ % ............................................ % ............................................ % ............................................ % ............................................ % ............................................ % and thereafter.............................. % plus, in each case, accrued and unpaid interest (including Additional Payments, if any) to receive interest due on the relevant interest payment date.
(e) Redemption Date. Any redemption pursuant to this Section 3.07 1101 shall be made pursuant to the provisions of Sections 3.01 1103 through 3.06 1108 hereof. Unless .
(b) If a partial redemption of the Securities would result in the delisting of the Preferred Securities issued by the Trust from any national securities exchange or other organization on which the Preferred Securities are listed, the Company defaults shall not be permitted to effect such partial redemption and may only redeem the Securities in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption datewhole.
Appears in 1 contract
Sources: Indenture (Designer Holdings LTD)
Optional Redemption. (a) At any time prior to November 1On or after June 17, 20071998, the Company may on Corporation may, at its option, redeem all or from time to time any one or more occasions redeem up to 35% part of the aggregate principal amount shares of Notes issued under this Indenture (including additional notes issued after Issue Date) at Convertible Preferred Shares, out of funds legally available therefor, upon giving a notice of redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes will not be redeemable at the Company's option prior to November 1, 2009; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part of the Notes upon not less than 30 nor more than 60 days' notice, at the following redemption prices per share (expressed as percentages of principal amount) set forth below the Stated Value thereof), plus an amount equal to accrued and unpaid interest and Additional Interestdividends, if anyany (whether or not declared), on up to but excluding the Notes to be redeemed to, but not including, the applicable redemption datedate fixed for redemption, if redeemed during the twelve-month period beginning commencing on November 1 June 17, 1998 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.688REDEMPTION YEAR PRICE ----------------------------------------------------------------------- ------------- 1998................................................................... 103.0% 2010............................................................ 102.4581999................................................................... 102.5% 2011............................................................ 101.2292000................................................................... 102.0% 2012 and thereafter............................................. 100.000%
(d) At any time prior to November 1, 2009, the Company may also redeem 2001................................................................... 101.5% 2002................................................................... 101.0% 2003................................................................... 100.5% 2004................................................................... 100.0% If fewer than all or a part of the Notes at a redemption price equal to 100% outstanding shares of the principal amount of Notes Convertible Preferred Shares are to be redeemed, plus the Applicable Premium (as calculated number of shares to be redeemed shall be determined by the CompanyBoard of Directors in good faith and the shares to be redeemed will be determined pro rata as nearly as practicable, or by such other method as the Board of Directors may determine to be fair and appropriate. Convertible Preferred Shares may not be redeemed unless full cumulative dividends have been paid on the Convertible Preferred Shares for all past dividend periods. Notice of redemption of Convertible Preferred Shares will be given by (i) as offirst-class mail, and accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, subject less than 30 nor more than 60 days prior to the rights date fixed for redemption thereof, to each record holder of Holders on shares of Convertible Preferred Shares to be redeemed at the relevant record date to receive interest due on the relevant interest payment date.
(e) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions address of Sections 3.01 through 3.06 hereof. Unless the Company defaults such holder in the payment books of the redemption price, interest will cease to accrue on Corporation and (ii) publication in THE WALL STREET JOURNAL. On the Notes or portions thereof called for redemption on the applicable redemption date.date such notices are 15
Appears in 1 contract
Sources: Agreement and Plan of Reorganization (Talbert Medical Management Holdings Corp)
Optional Redemption. (a) At any time The 2012 Notes shall not be redeemable at the option of the Company prior to November September 1, 2007. Starting on that date, the Company may on any one or more occasions redeem up to 35% all (but not less than all) of the aggregate 2012 Notes, after giving the notice required pursuant to Section 3.03 hereof. The 2012 Notes may be redeemed at the redemption prices set forth below (expressed as a percentage of principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereofamount), plus accrued and unpaid interest and Additional Interest, if any, to, to but not including, excluding the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
date (1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes will not be redeemable at the Company's option prior to November 1, 2009; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part of the Notes upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional Interest, if any, on the Notes to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 of the years indicated below, subject to the rights right of Holders of record on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.688% 2010............................................................ 102.458% 2011............................................................ 101.229% 2012 and thereafter............................................. 100.000%
(d) At any time prior to November 1, 2009, the Company may also redeem all or a part of the Notes at a redemption price equal to 100% of the principal amount of Notes to be redeemed, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, subject to the rights of Holders on the relevant record date Regular Record Date to receive interest due on the relevant interest payment date.
(e) Any redemption pursuant to this Section 3.07 shall be made pursuant to Interest Payment Date), if redeemed during the provisions 12-month period commencing on September 1 of Sections 3.01 through 3.06 hereof. the years set forth below: Year Percentage ---- ---------- 2007............................................106.0% 2008............................................104.5% 2009............................................103.0% 2010............................................101.5% 2011 and thereafter.............................100.0% Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the 2012 Notes or portions thereof called for redemption on the applicable redemption date.
(b) The 2010 Notes shall not be redeemable at the option of the Company prior to September 1, 2007. Starting on that date, the Company may redeem all (but not less than all) of the 2010 Notes, after giving the notice required pursuant to Section 3.03 hereof. The 2010 Notes may be redeemed at the redemption prices set forth below (expressed as a percentage of principal amount), plus accrued and unpaid interest to but excluding the redemption date (subject to the right of Holders of record on the relevant Regular Record Date to receive interest due on the relevant Interest Payment Date), if redeemed during the 12-month period commencing on September 1 of the years set forth below: Year Percentage ---- ---------- 2007............................................106.0% 2008............................................103.0% 2009 and thereafter.............................100.0% Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the 2010 Notes or portions thereof called for redemption on the applicable redemption date.
(c) Any prepayment pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof.
Appears in 1 contract
Sources: Indenture (Harbin Electric, Inc)
Optional Redemption. Except as set forth below, the Issuer will not be entitled to redeem the Notes at its option.
(ai) At any time prior to November 1December 15, 20072017, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes will not be redeemable at the Company's option prior to November 1, 2009; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company Issuer may redeem all or a part of the Notes Notes, upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed notice as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional Interest, if any, on the Notes to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 described in Section 3.03 of the years indicated belowIndenture, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.688% 2010............................................................ 102.458% 2011............................................................ 101.229% 2012 and thereafter............................................. 100.000%
(d) At any time prior to November 1, 2009, the Company may also redeem all or a part of the Notes at a redemption price equal to 100% of the principal amount of the Notes to be redeemed, redeemed plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional Interest, if any, to, to but not including, including the date of redemption date(the “Redemption Date”), subject to the rights of Holders of Notes on the relevant record date to receive interest due on the relevant interest payment date.
(eii) Any On and after December 15, 2017, the Issuer may redeem the Notes, in whole or in part, upon notice as described in Section 3.03 of the Indenture, at the redemption pursuant prices (expressed as percentages of principal amount of the Notes to this Section 3.07 shall be made pursuant redeemed) set forth below, plus accrued and unpaid interest thereon and Additional Interest, if any, to but not including the applicable Redemption Date, subject to the provisions right of Sections 3.01 through 3.06 hereof. Unless Holders of Notes of record on the Company defaults in relevant record date to receive interest due on the relevant interest payment date, if redeemed during the twelve-month period beginning on December 15, of each of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date.years indicated below: 2017 ................................................................................................... 102.375% 2018 ................................................................................................... 101.583% 2019 ................................................................................................... 100.792% 2020 and thereafter ............................................................................ 100.000% A-8
Appears in 1 contract
Sources: Indenture (Match Group, Inc.)
Optional Redemption. (a) At any time on or prior to November 1, 20072005, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes from time to time originally issued under this Indenture (including additional notes issued after Issue Date) in cash at a redemption price of 107.375100.000% of the principal amount thereof plus an amount equal to the Applicable Eurodollar Rate then in effect multiplied by the principal amount thereof, plus accrued and unpaid interest and Additional InterestLiquidated Damages, if any, to, but not including, thereon to the redemption date, with the net cash proceeds of one or more Public Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes from time to time originally issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such the redemption; and
(2) the redemption occurs shall occur within 180 90 days of the date of the closing of any such Public Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth belowthe preceding paragraph, the Notes will not be redeemable at the Company's option prior to November 1, 2009; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture2005.
(c) On or and after November 1, 20092005, the Company may redeem all or a part Notes will be subject to redemption at any time at the option of the Notes Company, in whole or in part, upon not less than 30 nor more than 60 days' noticenotice to each Holder and the Trustee, in cash at the redemption prices (expressed as percentages of principal amount) set forth below below, plus accrued and unpaid interest and Additional InterestLiquidated Damages, if any, on the Notes thereon to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.6882005.................................................... 102.000% 2010............................................................ 102.4582006.................................................... 101.000% 2011............................................................ 101.229% 2012 2007 and thereafter............................................. ..................................... 100.000%
(d) At any time prior to November 1, 2009, the Company may also redeem all or a part of the Notes at a redemption price equal to 100% of the principal amount of Notes to be redeemed, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, subject to the rights of Holders on the relevant record date to receive interest due on the relevant interest payment date.
(e) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Optional Redemption. (a) At any time prior to November 1, 2007, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
Except as set forth in subparagraphs (b) Except pursuant of this Paragraph 5, the Notes shall not be redeemable at Company option prior to Section 3.07(a) or as otherwise set forth belowAugust 1, 2002. Thereafter, the Notes will not be redeemable subject to redemption at any time at the Company's option prior to November 1, 2009; provided, however, of the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase in whole or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part of the Notes upon not less than 30 nor more than 60 days' noticein part, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional InterestLiquidated Damages thereon, if any, on the Notes to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month twelvemonth period beginning on November August 1 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.6882002........................................ 104.813% 2010............................................................ 102.4582003........................................ 103.208% 2011............................................................ 101.2292004........................................ 101.604% 2012 2005 and thereafter............................................. ......................... 100.000%
(db) At Notwithstanding the foregoing, at any time on or prior to November August 1, 20092002, the Company Notes also may also redeem all or a part be redeemed, in whole but not in part, at the option of the Notes Company upon the occurrence of a Change of Control, upon not less than 30 nor more than 60 days prior notice (but in no event may such redemption date occur more than 90 days after the occurrence of such Change of Control) mailed by first class mail to each Holder's registered address, at a redemption price equal to 100% of the principal amount of Notes to be redeemed, thereof plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional InterestLiquidated Damages, if any, to, but not including, the date of redemption date, (subject to the rights right of Holders of record on the relevant record date to receive interest due on the relevant interest payment date).
(e) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Sources: Indenture (B&g Foods Inc)
Optional Redemption. (a) At any time prior to November 1, 2007, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
Except as set forth in subparagraph (b) Except pursuant to Section 3.07(a) or as otherwise set forth belowof this Paragraph 5, the Notes will shall not be redeemable subject to redemption at the Company's option prior to November April 1, 2009; provided, however, 2003. The Notes shall be subject to redemption at any time at the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part option of the Notes Company, in whole or in part, upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional InterestLiquidated Damages thereon, if any, on the Notes to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November April 1 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage YEAR PERCENTAGE ---- ---------- 2009............................................................ 103.6882003................................................ 106.125% 2010............................................................ 102.4582004................................................ 104.083% 2011............................................................ 101.2292005................................................ 102.042% 2012 2006 and thereafter............................................. ................................. 100.000%
(db) At any time prior to November 1Notwithstanding the provisions of subparagraph (a) of this Paragraph 5, 2009during the first 36 months after the date of the Indenture, the Company may also redeem all or a part up to 35% of the aggregate principal amount of Notes originally issued hereunder at a redemption price equal to 100of 112.25% of the principal amount of Notes to be redeemedthereof, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional InterestLiquidated Damages thereon, if any, to, but not including, to the redemption date, subject with the net cash proceeds to the rights Company of Holders on an Equity Offering; provided that (i) at least $217.8 million in aggregate principal amount of the relevant record date to receive interest due on Notes remain outstanding immediately after the relevant interest payment date.
occurrence of each such redemption (e) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof. Unless excluding Notes held by the Company defaults in and its Subsidiaries) and (ii) each such redemption shall occur within 45 days after the payment date of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption dateclosing of any such Equity Offering.
Appears in 1 contract
Sources: Indenture (Amsc Acquisition Co Inc)
Optional Redemption. (a) At any time prior to November 1, 2007Except as set forth in clauses (b) and (c) of this Section of the Note, the Company may on any one or more occasions shall not have the option to redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes will not be redeemable at the Company's option prior to November 1December 15, 2009; provided, however2002. Thereafter, the Company may acquire shall have the Notes by means other than a redemptionoption to redeem the Notes, whether pursuant to a tender offerin whole or in part, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part of the Notes upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest (and Additional InterestLiquidated Damages, if any, on the Notes ,) thereon to be redeemed to, but not including, the applicable redemption date, date if redeemed during the twelve-month period beginning on November 1 December 15 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ----- ---------- 2009............................................................ 103.6882002...................................... 104.875% 2010............................................................ 102.4582003...................................... 103.250% 2011............................................................ 101.2292004...................................... 101.625% 2012 2005 and thereafter............................................. ....................... 100.000%
(db) At Notwithstanding the provisions of clause (a) of this Section of the Note, at any time or from time to time on or prior to December 15, 2000, the Company may (but shall not have the obligation to) redeem in the aggregate up to 35% of the aggregate principal amount of the Notes originally outstanding, at a redemption price of 109.75% of the aggregate principal amount so redeemed, together with accrued and unpaid interest (and Liquidated Damages, if any) to the date of redemption out of the Net Cash Proceeds of one or more Public Equity Offerings; provided however, that immediately following such redemption not less than $113.8 million aggregate principal amount of the Notes remains outstanding, and provided further, that such redemption shall occur within 90 days of the closing of such Public Equity Offering.
(c) Notwithstanding the provisions of clause (a) of this Section of the Note, the Notes will also be subject to redemption at any time prior to November 1December 15, 20092002 upon not less than 10 nor more than 20 days' notice to each Holder of Notes redeemed, at the Company may also redeem all or a part option of the Notes Company, in whole or in part, in integral multiples of $1,000, at a redemption price equal to 100% of the principal amount of Notes to be redeemed, thereof plus the Applicable applicable Make-Whole Premium (as calculated by at the Company) as of, and time plus accrued and unpaid interest (and Additional InterestLiquidated Damages, if any, to, ) to but not including, excluding the redemption date, subject to the rights of Holders on the relevant record date to receive interest due on the relevant interest payment dateRedemption Date.
(e) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Sources: Indenture (PPC Publishing Corp)
Optional Redemption. (a) At any time prior to November 1, 2007, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; Except as provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
in paragraph (b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes will shall not be redeemable at the Company's option prior to November 1June 15, 2009; provided, however2007. Thereafter, the Company may acquire Notes shall be subject to redemption at any time at the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part option of the Notes Company, in whole or in part, upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amountamount thereof) set forth below plus accrued and unpaid interest and Additional InterestInterest thereon, if any, on the Notes to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning commencing on November 1 June 15 of the years indicated set forth below, subject to the rights : Percentage of Holders on the relevant record date to receive interest on the relevant interest payment date: Principal Year Percentage Amount ---- ---------- 2009............................................................ 103.688------------ 2007...................................... 102.167% 2010............................................................ 102.458% 2011............................................................ 101.229% 2012 2008 and thereafter............................................. ....................... 100.000%
(db) At any time Notwithstanding the foregoing, prior to November 1June 15, 20092003, the Company may also on any one or more occasions redeem all or a part of the Notes at a redemption price equal up to 10025% of the principal amount of Initial Notes to be redeemedand Additional Notes issued under this Indenture at a redemption price of 113.0% of the principal amount thereof, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional Interest, if any, to, but not including, thereon to the redemption date, subject to with the rights net cash proceeds of Holders on one or more Equity Offerings; PROVIDED that at least 75% of the relevant record date to receive interest due on aggregate principal amount of Initial Notes and Additional Notes issued under this Indenture remains outstanding immediately after the relevant interest payment dateoccurrence of such redemption (excluding Notes held by the Company and its Subsidiaries); and PROVIDED FURTHER that such redemption shall occur within 90 days after the consummation of any such Equity Offering.
(ec) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date3.06.
Appears in 1 contract
Sources: Indenture (Symons Corp)
Optional Redemption. (a) At any time prior to November 1, 2007Except as described in Section 3.07(b), the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes Securities will ------------------- not be redeemable at the Company's option prior to November August 1, 2009; provided, however2002. Thereafter, the Company may acquire Securities will be subject to redemption at any time at the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part option of the Notes Company, in whole or in part, upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amountAccreted Value) set forth below plus in the case of a redemption after August 1, 2004, accrued and unpaid interest and Additional Interestthereon, if any, on the Notes to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 of the years indicated below, date (subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.688% 2010............................................................ 102.458% 2011............................................................ 101.229% 2012 and thereafter............................................. 100.000%
(d) At any time prior to November 1, 2009, the Company may also redeem all or a part of the Notes at a redemption price equal to 100% of the principal amount of Notes to be redeemed, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, subject to the rights right of Holders on the relevant record date to receive interest due on the relevant interest payment date.), if redeemed during the twelve-month period beginning on August 1 of the years indicated below: Year Percentage ---- ---------- 2002..................................... 106.000% 2003..................................... 103.000% 2004 and thereafter...................... 100.000%
(eb) Any At any time on or prior to August 1, 2002, the Securities may be redeemed as a whole but not in part at the option of the Company upon the occurrence of a Change of Control, upon not less than 30 nor more than 60 days' prior notice (but in no event may any such redemption pursuant occur more than 90 days after the occurrence of such Change of Control) mailed by first-class mail to this Section 3.07 shall be made pursuant each Holder's registered address, at a redemption price equal to 100% of the Accreted Value thereof (determined at the redemption date) plus the Applicable Premium, if any, to the provisions redemption date (subject to the right of Sections 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue Holders on the Notes or portions thereof called for redemption relevant record date to receive interest due on the applicable redemption relevant interest payment date).
Appears in 1 contract
Optional Redemption. (a) At any time Except as set forth in clause (b) and (c) of this Section 3.07, the Company shall not have the option to redeem the Notes pursuant to this Section 3.07 prior to November September 1, 2007, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes will not be redeemable at the Company's option prior to November 1, 2009; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009. Thereafter, the Company may redeem all or a part of the Notes upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional InterestLiquidated Damages, if any, on the Notes thereon, to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November September 1 of the years indicated below, below (subject to the rights right of Holders on the relevant record date to receive interest and Liquidated Damages due on the relevant related interest payment date: ): Year Percentage ---- ---------- 2007............................................................... 108.000% 2008............................................................... 102.938% 2009............................................................ 103.688% 2010............................................................ 102.458% 2011............................................................ 101.229% 2012 and thereafter............................................. ............................................................... 100.000%
(db) At any time prior to November September 1, 20092006, the Company may also redeem all or a part up to 25% of the aggregate principal amount of Notes issued under this Indenture (including Additional Notes, if any, issued subsequent to the Closing Date) at a redemption price equal to 100111.750% of the principal amount of Notes to be redeemedthereof, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional InterestLiquidated Damages, if any, to, but not including, to the redemption date, subject with the net cash proceeds of one or more offerings of Capital Stock (other than Disqualified Stock) of the Company or of a Holding Company (to the rights extent, in the case of Holders on a Holding Company, that the relevant record net cash proceeds thereof are used to purchase Capital Stock (other than Disqualified Stock), or are contributed to the common equity capital, of the Company); provided that (A) at least 75% of the aggregate principal amount of the Notes remain outstanding immediately after the occurrence of such redemption, excluding Notes held by the Company and its Subsidiaries; and (B) the redemption must occur within 90 days of the date to receive interest due on of the relevant interest payment dateclosing of such offering.
(ec) In addition, at any time prior to September 1, 2007, the Company may redeem all or part of the Notes upon not less than 30 days' nor more than 60 days' notice at a redemption price equal to the sum of (i) the principal amount thereof, plus (ii) accrued and unpaid interest and Liquidated Damages, if any, to the applicable date of redemption, plus (iii) the Applicable Premium.
(d) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Optional Redemption. (a) At any time prior to November 1, 2007, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
Except as set forth in subparagraphs (b) Except pursuant to and (c) below and in Section 3.07(a) or as otherwise set forth below6 hereof, the Notes will shall not be redeemable at the Company's option prior to November December 1, 2009; provided, however2003. Thereafter, the Company may acquire Notes shall be subject to redemption at any time or from time to time at the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part option of the Notes Company, in whole or in part, upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amount) set forth below below, plus accrued and unpaid interest and Additional Special Interest, if any, on the Notes thereon to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November December 1 of the years indicated below, subject to the rights : Percentage of Holders on the relevant record date to receive interest on the relevant interest payment date: PRINCIPAL Year Percentage Amount ---- ---------- 2009............................................................ 103.688------ 2003........................................... 105.250% 2010............................................................ 102.4582004........................................... 103.500% 2011............................................................ 101.2292005........................................... 101.750% 2012 2006 and thereafter............................................. ............................ 100.000%
(db) At Notwithstanding the foregoing, at any time prior to November December 1, 20092001, the Company may, on any one or more occasions, redeem up to 35% of the aggregate principal amount of Notes originally issued pursuant to the Indenture at a redemption price of 110.500% of the principal amount thereof, plus accrued and unpaid interest thereon and Special Interest, if any, to the redemption date, with the net cash proceeds received from one or more Equity Offerings made by the Company or GCL or (to the extent such net cash proceeds received by GCL were contributed to the Company as common equity capital); provided that at least 65% of the aggregate principal amount of Notes originally issued pursuant to the Indenture remain outstanding immediately after the occurrence of any such redemption. The Company may make any such redemption upon not less than 30 nor more than 60 days' notice (but in no event more than 90 days after the closing of the related Equity Offering). Any such notice may be given prior to the completion of the related Equity Offering and any such redemption may, at the Company's discretion, be subject to the satisfaction of one or more conditions precedent, including, but not limited to, the completion of the related Equity Offering.
(c) In addition, at any time prior to December 1, 2003, the Notes may also redeem all or a part be redeemed at the option of the Notes Company, in whole but not in part, upon the occurrence of a Change of Control, upon not less than 30 nor more than 60 days' prior notice (but in no event may any such redemption occur more than 90 days after the occurrence of such Change of Control) mailed by first-class mail to each Holder's registered address, at a redemption price equal to 100% of the principal amount of Notes to be redeemed, thereof plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional Interestinterest, if any, to, but not including, the redemption date, subject to the rights date of Holders on the relevant record date to receive interest due on the relevant interest payment dateredemption.
(ed) Any redemption pursuant to this Section 3.07 5 shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption dateIndenture.
Appears in 1 contract
Optional Redemption. (a) At any time Except as set forth in clause (b) of this Section 3.07, the Company shall not have the option to redeem the Senior Notes pursuant to this Section 3.07 prior to November 115, 20072002. Thereafter, the Company may on Senior Notes will be subject to redemption at any one or more occasions redeem up to 35% time at the option of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereofCompany, plus accrued and unpaid interest and Additional Interestin whole or in part, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes will not be redeemable at the Company's option prior to November 1, 2009; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part of the Notes upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional Interest, if any, on the Notes Liquidated Damages thereon to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 15 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.688YEAR PERCENTAGE 2002................................... 105.000% 2010............................................................ 102.4582003................................... 103.333% 2011............................................................ 101.2292004................................... 101.667% 2012 2005 and thereafter............................................. .................... 100.000%
(db) At Notwithstanding the foregoing, at any time prior to on or before November 115, 20092000, the Company may also on any one or more occasions redeem all or a part up to 35% of the aggregate principal amount of Senior Notes ever issued under the Indenture at a redemption price equal to 100110% of the principal amount of Notes to be redeemedthereof, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional InterestLiquidated Damages thereon, if any, to, but not including, to the redemption date, subject to with the rights net cash proceeds of Holders on an initial public offering of common stock of the relevant record Company; provided that at least $130.0 million in aggregate principal amount of Senior Notes remain outstanding immediately after the occurrence of such redemption (excluding Senior Notes held by the Company and its Subsidiaries) and provided, further, that such redemption shall occur within 45 days of the date to receive interest due on of the relevant interest payment dateclosing of such initial public offering.
(ec) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections Section 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Sources: Indenture (Leslie Resources Inc)
Optional Redemption. (a) At any time Except as set forth in the next paragraph, the Securities may not be redeemed prior to November June 1, 20072003. On and after that date, the Company may on redeem the Securities in whole at any one time or more occasions redeem up in part from time to 35% time at the following redemption prices (expressed in percentages of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereofamount), plus accrued and unpaid interest and Additional Interestinterest, if any, to, but not including, to the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
date (1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes will not be redeemable at the Company's option prior to November 1, 2009; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part of the Notes upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional Interest, if any, on the Notes to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 of the years indicated below, subject to the rights right of Holders of record on the relevant record date to receive interest due on the relevant related interest payment date: Year ), if redeemed during the 12-month period beginning June 1 of the years set forth below, Period Percentage ---- ------ ---------- 2009............................................................ 103.6882003..........................................................105.500% 2010............................................................ 102.458% 2011............................................................ 101.229% 2012 2004..........................................................103.667 2005..........................................................101.834 2006 and thereafter............................................. 100.000%
(d) At ...........................................100.000 In addition, at any time prior to November June 1, 20092001, the Company may also redeem all or a part in the aggregate up to 25% of the Notes original principal amount of Securities with the proceeds of one or more Public Equity Offerings following which there is a Public Market (provided that if the Public Equity Offering is an offering by MEDIQ Incorporated, a portion of the Net Cash Proceeds thereof equal to the amount required to redeem any such Securities is contributed to the equity capital of the Company), at any time or from time to time, at a redemption price equal to 100(expressed as a percentage of principal amount) of 111% of the principal amount of Notes to be redeemed, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional Interestinterest, if any, to, but not including, to the redemption date, date (subject to the rights right of Holders of record on the relevant record date to receive interest due on the relevant interest payment date.
(e) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof. Unless the Company defaults in the payment ); provided, however, that at least $142.5 million aggregate principal amount of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption dateSecurities remains outstanding after each such redemption.
Appears in 1 contract
Sources: Indenture (Mediq Inc)
Optional Redemption. (a) At any time prior to November 1, 2007Except as set forth in subparagraphs (b) and (c) of this Paragraph 5, the Company may on any one or more occasions will not have the option to redeem up the Notes prior to 35% February 15, 2010. The Company is not prohibited by the terms of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes will not be redeemable at the Company's option prior to November 1, 2009; providedIndenture, however, the Company may acquire from acquiring the Notes by means other than a redemption, whether pursuant to a an issuer tender offer, in open market purchase transactions or otherwise, so long as such acquisition does not otherwise violate the terms of this the Indenture.
(c) . On or after November 1February 15, 20092010, the Company may will have the option to redeem all or a part of the Notes upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional InterestLiquidated Damages, if any, on the Notes redeemed, to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 February 15 of the years indicated below, subject to the rights of Holders of Notes on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.688% 2010............................................................ 102.458................................................... 105.625% 2011............................................................ 101.229................................................... 102.813% 2012 and thereafter............................................. .................................... 100.000%
(db) At any time prior to November 1February 15, 2009, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under the Indenture at a redemption price equal to 111.250% of the principal amount, plus accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, with the net cash proceeds of one or more Equity Offerings by the Company or a contribution to the Company's common equity capital made with the net cash proceeds of one or more Equity Offerings by a direct or indirect parent of the Company; provided that at least 65% in aggregate principal amount of Notes originally issued under the Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption and that such redemption occurs within 90 days of the date of the closing of such Equity Offering or equity contribution.
(c) At any time prior to February 15, 2010, the Company may also redeem all or a part of the Notes Notes, upon not less than 30 nor more than 60 days, prior notice mailed by first-class mail to each Holder's registered address, at a redemption price equal to 100% of the principal amount of Notes to be redeemed, redeemed plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional InterestLiquidated Damages, if any, to, but not including, to the date of redemption date(the "Make-Whole Redemption Date"), subject to the rights of Holders of Notes on the relevant record date to receive interest due on the relevant interest payment date.
(ed) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Sources: Indenture (RathGibson Inc)
Optional Redemption. (a) At any time on or prior to November 1April 15, 2007, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes from time to time originally issued under this Indenture (including additional notes issued after Issue Date) in cash at a redemption price of 107.375114.75% of the principal amount Accreted Value thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, thereon to the redemption date, with the net cash proceeds of one or more Public Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount at maturity of Notes from time to time originally issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such the redemption; and
(2) the redemption occurs shall occur within 180 90 days of the date of the closing of any such Public Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth belowthe preceding paragraph, the Notes will not be redeemable at the Company's option prior to November 1April 15, 2009; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture2007.
(c) On or and after November 1April 15, 2009, the Company may redeem all or a part Notes will be subject to redemption at any time at the option of the Notes Company, in whole or in part, upon not less than 30 nor more than 60 days' noticenotice to each Holder and the Trustee, in cash at the redemption prices (expressed as percentages of principal amount) set forth below below, plus accrued and unpaid interest and Additional Interest, if any, on the Notes thereon to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 April 15, 2009 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.6882009 ..................................................... 107.375% 2010............................................................ 2010 ..................................................... 104.917% 2011 ..................................................... 102.458% 2011............................................................ 101.229% 2012 and thereafter............................................. thereafter ...................................... 100.000%% A1-3
(d) At any time prior to November 1, 2009, the Company may also redeem all or a part of the Notes at a redemption price equal to 100% of the principal amount of Notes to be redeemed, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, subject to the rights of Holders on the relevant record date to receive interest due on the relevant interest payment date.
(e) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption dateIndenture.
Appears in 1 contract
Optional Redemption. (a) At any time prior to November 1July 15, 20072006, the Company may on any one or more occasions upon not less than 30 nor more than 60 days prior notice mailed by first-class mail to each holder's registered address, redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375108.500% of the principal amount thereof, plus accrued and unpaid interest and Additional Interestinterest, if any, to, but not including, to the redemption date, with the net cash proceeds of one or more Public Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes originally issued under this Indenture remains outstanding immediately after the occurrence of such redemption (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption); and
(2) the redemption occurs must occur within 180 45 days of the date of the closing of such Public Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes will not be redeemable at the Company's option At any time prior to November 1July 15, 2009; provided, however, 2007 the Company may acquire also redeem all or a part of the 2010 Notes, upon not less than 30 nor more than 60 days prior notice mailed by first-class mail to each holder's registered address, at a redemption price equal to 100% of the principal amount of the Notes by means other than a redemptionredeemed plus the Applicable Premium as of, whether pursuant and accrued and unpaid interest, if any, to a tender offerthe redemption date, open market purchase or otherwise, so long as such acquisition does not violate subject to the terms rights of this Indenturenoteholders on the relevant record date to receive interest due on the relevant interest payment date.
(c) On or after November 1After July 15, 2009, 2007 the Company may redeem all or a part of the Notes upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional Interestinterest, if any, on the Notes notes redeemed, to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 July 15 of the years indicated below, subject to the rights of Holders noteholders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.6882007................................................................. 104.250% 2010............................................................ 102.4582008................................................................. 102.125% 2011............................................................ 101.229% 2012 2009 and thereafter............................................. .................................................. 100.000%
(d) At any time prior to November 1, 2009, the Company may also redeem all or a part of the Notes at a redemption price equal to 100% of the principal amount of Notes to be redeemed, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, subject to the rights of Holders on the relevant record date to receive interest due on the relevant interest payment date.
(e) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections Section 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Sources: Indenture (Calpine Corp)
Optional Redemption. (a) At any time prior to November June 1, 20072006, the Company Issuers may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes (including Additional Notes) issued under this the Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375108.625 % of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, to the redemption date, with the net cash proceeds of one or more any Equity OfferingsOffering; provided that:
provided, however, that (1) at least 65% of the original aggregate principal amount of Notes (which includes Additional Notes, if any) issued under this the Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemptionredemption (excluding Notes held by the Issuers and their Subsidiaries); and
and (2) the redemption occurs within 180 90 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth belowthe preceding clause (a), the Notes will shall not be redeemable at the Company's Issuers' option prior to November June 1, 2009; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) 2007. On or after November June 1, 20092007, the Company Issuers may redeem all or a part of the Notes upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional Interest, if any, on the Notes redeemed, to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November June 1 of each of the years indicated below, below subject to the rights right of Holders on the relevant record date Regular Record Date to receive interest on the relevant interest payment date: Interest Payment Date. Year Percentage ---- ---------------------------------------------- ---------- 2009............................................................ 103.6882007.......................................... 104.313% 2010............................................................ 102.4582008.......................................... 102.156% 2011............................................................ 101.229% 2012 2009 and thereafter............................................. ........................... 100.000%
(d) At any time prior to November 1, 2009, the Company may also redeem all or a part of the Notes at a redemption price equal to 100% of the principal amount of Notes to be redeemed, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, subject to the rights of Holders on the relevant record date to receive interest due on the relevant interest payment date.
(e) Any redemption prepayment pursuant to this Section 3.07 paragraph shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption dateIndenture.
Appears in 1 contract
Sources: Indenture (CBD Media LLC)
Optional Redemption. (a) At any time prior to November 1, 2007, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes will not be redeemable at the Company's option prior to November 1, 2009; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November May 1, 2009, the Company may redeem all or a part of the Notes upon not less than 30 nor more than 60 days' ’ notice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional InterestLiquidated Damages, if any, on the Notes to be redeemed redeemed, to, but not includingexcluding, the applicable redemption date, if redeemed during the twelve-month period beginning on November May 1 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.688................................................................... 104.000% 2010............................................................ 102.458................................................................... 102.000% 2011............................................................ 101.229% 2012 2011 and thereafter............................................. .................................................... 100.000%
(db) At any time prior to November May 1, 2008, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes at a redemption price of 108.0% of the principal amount thereof, plus accrued and unpaid interest and Liquidated Damages, if any, to, but excluding, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that at least 65% of the aggregate principal amount of the Notes originally issued (including any Additional Notes issued after the Issue Date) under the Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption and that such redemption occurs within 45 days of the date of the closing of such Equity Offering.
(c) At any time prior to May 1, 2009, the Company may also redeem all or a part of the Notes Notes, upon not less than 30 or more than 60 days’ prior notice, at a redemption price equal to 100% of the principal amount of Notes to be redeemed, redeemed plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional InterestLiquidated Damages, if any, to, but not includingexcluding, the redemption date, subject to the rights of Holders on the relevant record date Record Date to receive interest due on the relevant interest payment date.
(e) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereofInterest Payment Date. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Sources: Indenture (Gardner Denver Inc)
Optional Redemption. (a) At any time Except as set forth below, the Notes may not be redeemed prior to November 1October 15, 20072026. On and after that date, the Company may redeem the Notes in whole at any time or in part from time to time at the following redemption prices (expressed in percentages of principal amount), plus accrued and unpaid interest, if any, to, but excluding, the redemption date (subject to the right of Holders of record on any one the relevant record date to receive interest due on the relevant interest payment date that is on or more occasions prior to the date of redemption), if redeemed during the 12-month period beginning on or after October 15 of the years set forth below: 2026.................................................................... 101.938% 2027.................................................................... 101.292% 2028 ............................................................. 100.646% 2029 and thereafter....................................... 100.000%
(b) Notwithstanding the foregoing, prior to October 15, 2024, the Company may redeem up to 35a maximum of 40% of the original aggregate principal amount of the Notes issued under this Indenture (including additional notes issued after Issue DateAdditional Notes, if any) with the proceeds from one or more Equity Offerings by the Company, at a redemption price of 107.375equal to 103.875% of the principal amount thereof, plus accrued and unpaid interest and Additional Interestthereon, if any, to, but not includingexcluding, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
date (1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes will not be redeemable at the Company's option prior to November 1, 2009; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part of the Notes upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional Interest, if any, on the Notes to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 of the years indicated below, subject to the rights right of Holders of record on the relevant record date to receive interest due on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.688date that is on or prior to the date of redemption); provided, that after giving effect to any such redemption, at least 60% 2010............................................................ 102.458% 2011............................................................ 101.229% 2012 of the original aggregate principal amount of the Notes (including Additional Notes, if any) remains outstanding. Any such redemption shall be made within 90 days of such Equity Offering upon not less than 10 and thereafter............................................. 100.000%no more than 60 days’ prior notice. The Company shall provide notice of any redemption no later than five (5) business days to the Trustee prior to when notice is sent to holders.
(dc) At any time prior to November 1, 2009Notwithstanding the foregoing, the Company may also redeem all or a part any portion of the Notes Notes, at once or over time, prior to October 15, 2026, at a redemption price equal to the sum of:
(i) 100% of the principal amount of the Notes to be redeemed, plus plus
(ii) the Applicable Premium (as calculated by the Company) as ofPremium, and plus accrued and unpaid interest and Additional Interestinterest, if any, to, but not includingexcluding, the redemption date, date (subject to the rights right of Holders of record on the relevant record date to receive interest due on the relevant interest payment date).
(ed) Any redemption pursuant In connection with any Change of Control Offer, if Holders of not less than 90% in aggregate principal amount of the outstanding Notes validly tender and do not withdraw such Notes in such offer and the Company, or any third party making such tender offer in lieu thereof, purchases all of the Notes validly tendered and not withdrawn by such Holders, the Company or such third party will have the right upon not less than 10 nor more than 60 days’ prior notice, given not more than 10 days following such purchase date, to this Section 3.07 shall be made pursuant redeem all Notes that remain outstanding following such purchase at a price equal to the provisions price offered to each other Holder in such Change of Sections 3.01 through 3.06 hereof. Unless Control Offer plus, to the Company defaults extent not included in the payment of tender offer payment, accrued and unpaid interest, if any, thereon, to, but excluding, the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption dateRedemption Date.
Appears in 1 contract
Optional Redemption. (a) At any time prior to November 1, 2007, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; Except as provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
in paragraph (b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes will are not be redeemable at the Company's option prior to November 1before February 15, 2009; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 20092006. Thereafter, the Company may redeem all or a part of the Notes at its option, in whole or in part, upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amountamount thereof) set forth below plus accrued and unpaid interest and Additional InterestInterest thereon, if any, on the Notes to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning commencing on November 1 February 15 of the years indicated set forth below, subject to the rights : Percentage of Holders on the relevant record date to receive interest on the relevant interest payment date: Principal Year Percentage Amount ---- ---------- 2009............................................................ 103.688------------ 2006..................................................... 105.375% 2010............................................................ 102.4582007..................................................... 102.688% 2011............................................................ 101.229% 2012 2008 and thereafter............................................. ...................................... 100.000%
(db) At Notwithstanding the foregoing, at any time, or from time to time, on or prior to November 1February 15, 20092004, the Company may also may, at its option, use the net cash proceeds from one or more Public Equity Offerings to redeem all or a part up to 35% of the principal amount of the Notes issued under this Indenture at a redemption price equal of 110.75% of the principal amount thereof, plus accrued and unpaid interest thereon, if any, to 100the date of redemption; provided that
(i) at least 65% of the principal amount of Notes to be redeemed, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, subject to the rights of Holders issued under this Indenture on the relevant record date to receive interest due on Issue Date remains outstanding immediately after any such redemption; and
(ii) the relevant interest payment dateCompany makes such redemption not more than 90 days after the consummation of any such Public Equity Offering.
(ec) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date3.06.
Appears in 1 contract
Sources: Indenture (Ameristar Casinos Inc)
Optional Redemption. (a) At any time prior to November 1, 2007, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; Except as provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
in subparagraph (b) Except pursuant to Section 3.07(a) or as otherwise set forth belowof this Paragraph 5, the Notes will not be redeemable at the Company's option prior to November May 1, 2009; provided, however2004. Thereafter, the Company may acquire Notes will be subject to redemption at any time at the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part option of the Notes Company, in whole or in part, upon not less than 30 nor more than 60 days' notice, in cash at the redemption prices (expressed as percentages of principal amount) set forth below below, plus accrued and unpaid interest and Additional InterestLiquidated Damages, if any, on the Notes thereon to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November May 1 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.6882004........................................... 105.938% 2010............................................................ 102.4582005........................................... 103.958% 2011............................................................ 101.2292006........................................... 101.979% 2012 2007 and thereafter............................................. ............................ 100.000%
(db) At any time Notwithstanding the provisions of subparagraph (a) of this Paragraph 5, on or prior to November May 1, 20092002, the Company may also redeem all or a part up to 35% of the aggregate principal amount of Notes from time to time originally issued under the Indenture in cash at a redemption price equal to 100of 111.875% of the principal amount of Notes to be redeemedthereof, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional InterestLiquidated Damages, if any, to, but not including, thereon to the redemption date, subject with the net cash proceeds of one or more Public Equity Offerings; provided that at least 65% of the aggregate principal amount of Notes from time to time originally issued under the rights Indenture remains outstanding immediately after the occurrence of Holders on any such redemption; and provided further that such redemption shall occur within 90 days of the relevant record date to receive interest due on of the relevant interest payment dateclosing of any such Public Equity Offering.
(ec) Any redemption pursuant to this Section 3.07 subparagraph 5 shall be made pursuant to the provisions of Sections Section 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption dateIndenture.
Appears in 1 contract
Sources: Indenture (Condor Systems Inc)
Optional Redemption. (a) At any time prior to November 1, 2007Except as set forth in subparagraphs (b) and (c) of this Paragraph 5, the Company may on any one or more occasions will not have the option to redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes will not be redeemable at the Company's option prior to November 1October 15, 2009; provided2010. On or after October 15, however2010, the Company may acquire will have the Notes by means other than a redemption, whether pursuant option to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part of the Notes upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional Interest, if any, on the Notes redeemed to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 October 15 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.688% 2010............................................................ 102.458............................................................................. 104.063% 2011............................................................ 101.229............................................................................. 102.031% 2012 2012............................................................................. 101.016% 2013 and thereafter............................................. .............................................................. 100.000%
(d) At any time prior to November 1, 2009, the Company may also redeem all or a part of the Notes at a redemption price equal to 100% of the principal amount of Notes to be redeemed, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, subject to the rights of Holders on the relevant record date to receive interest due on the relevant interest payment date.
(e) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date.
(b) Notwithstanding the provisions of subparagraph (a) of this Paragraph 5, at any time prior to October 15, 2008, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under the Indenture with the net cash proceeds of one or more Equity Offerings at a redemption price equal to 8-1/8% of the aggregate principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any to the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that at least 65% in aggregate principal amount of the Notes issued under the Indenture (including any Additional Notes but excluding Notes held by Holdings and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption and that such redemption occurs within 90 days of the date of the closing of each such Equity Offering.
(c) At any time prior to October 15, 2010, the Company may also redeem all or part of the Notes, upon not less than 30 nor more than 60 days prior notice mailed by first-class mail to each Holder's registered address, at a redemption price equal to 100% of the principal amount of Notes redeemed plus the Applicable Premium as of, and accrued and unpaid interest and Additional Interest, if any, to the date of redemption, subject to the rights of Holders of Notes on the relevant record date to receive interest due on the relevant interest payment date.
Appears in 1 contract
Sources: Indenture (Dycom Industries Inc)
Optional Redemption. (a) At any time prior to November 1, 2007Except as set forth in clauses (b) and (c) of this Paragraph 5, the Company may on any one or more occasions shall not have the option to redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes will not be redeemable at the Company's option prior to November 1December 15, 2009; provided, however2002. Thereafter, the Company may acquire shall have the Notes by means other than a redemptionoption to redeem the Notes, whether pursuant to a tender offer, open market purchase in whole or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part of the Notes upon not less than 30 nor more than 60 days' noticein part, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional InterestLiquidated Damages thereon, if any, on the Notes to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 December 15 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.6882002..............................................104.9375% 2010............................................................ 102.4582003..............................................103.2917% 2011............................................................ 101.2292004 .............................................101.6458% 2012 2005 and thereafter............................................. 100.000...............................100.0000%
(db) At Notwithstanding the provisions of Paragraph (a) of this Paragraph 5, at any time prior to November 1December 15, 20092000, the Company may also (but shall not have the obligation to) redeem all or a part up to 35% of the original aggregate principal amount of Notes (including Additional Notes) at a redemption price of 109.875% of the principal amount thereof plus accrued and unpaid interest and Liquidated Damages thereon to the redemption date, with the net cash proceeds of one or more Public Equity Offerings; provided that at least 65% in aggregate principal amount of Notes (including any Additional Notes) remain outstanding immediately after the occurrence of such redemption; and provided, further that such redemption shall occur within 60 days of the date of the closing of such Public Equity Offering.
(c) Upon the occurrence of a Change of Control prior December 15, 2002, the Notes will be redeemable, in whole or in part, at the option of the Company, upon not less than 30 nor more than 60 days prior notice to each Holder to be redeemed, at a redemption price equal to 100% the sum of (i) the then outstanding principal amount of Notes to be redeemed, thereof plus the Applicable Premium (as calculated by the Companyii) as of, and accrued and unpaid interest thereon and Additional InterestLiquidated Damages, if any, to, but not including, to the redemption date, subject to date plus (iii) the rights of Holders on the relevant record date to receive interest due on the relevant interest payment dateApplicable Premium.
(e) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Sources: Indenture (Desa Holdings Corp)
Optional Redemption. (a) At any time prior to November May 1, 20072020, the Company may on any one redeem the Notes at its option, in whole or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) in part, at a redemption price of 107.375equal to 100% of the principal amount thereofthereof plus the Applicable Premium as of, plus and accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offeringredemption.
(b) Except pursuant to Section 3.07(a) At any time on or as otherwise set forth below, the Notes will not be redeemable at the Company's option prior to November after May 1, 2009; provided, however2020, the Company may acquire shall have the Notes by means other than a redemptionoption to redeem the Notes, whether pursuant to a tender offer, open market purchase in whole or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part of the Notes upon not less than 30 nor more than 60 days' noticein part, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional Interestthereon, if any, on the Notes to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November May 1 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.688Dollar Notes Redemption Price Euro Notes Redemption Price 2020 ............................................ 104.500% 2010............................................................ 102.458103.9375% 2011............................................................ 101.2292021 ............................................ 102.250 % 2012 101.9688% 2022 and thereafter............................................. thereafter ..................... 100.000% 100.000%
(dc) At any time prior to November May 1, 20092020, the Company may also redeem all on any one or a part more occasions Dollar Notes representing up to 35% of the sum of the aggregate principal amount of the Initial Dollar Notes plus any other Dollar Notes originally issued under this Indenture after the Issue Date at a redemption price of 109.000% of the principal amount thereof plus accrued and unpaid interest thereon to the redemption date, with the net cash proceeds of one or more Qualified Equity Offerings; provided that
(a) Dollar Notes representing at least 65% of the sum of the aggregate principal amount of the Initial Dollar Notes plus any other Dollar Notes originally issued under this Indenture after the Issue Date remain outstanding immediately after the occurrence of each such redemption and (b) such redemption occurs within 90 days of the date of the closing of each such Qualified Equity Offering. At any time prior to May 1, 2020, the Company may redeem on any one or more occasions Euro Notes representing up to 35% of the sum of the aggregate principal amount of the Initial Euro Notes plus any other Euro Notes originally issued under this Indenture after the Issue Date at a redemption price of 107.875% of the principal amount thereof plus accrued and unpaid interest thereon to the redemption date, with the net cash proceeds of one or more Qualified Equity Offerings; provided that
(a) Euro Notes representing at least 65% of the sum of the aggregate principal amount of the Initial Euro Notes plus any other Euro Notes originally issued under this Indenture after the Issue Date remain outstanding immediately after the occurrence of each such redemption and (b) such redemption occurs within 90 days of the date of the closing of each such Qualified Equity Offering. The Company may at any time unconditionally redeem, in whole but not in part, the outstanding Notes at a redemption price equal to of 100% of the principal amount of Notes to be redeemed, thereof plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest thereon to the date of redemption and all Additional InterestAmounts (as defined in Section 4.19), if any, to, but not including, the redemption date, subject to the rights of Holders on the relevant record date to receive interest then due and which will become due on the relevant interest payment date.
(e) Any such date of redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof. Unless the Company defaults in the payment as a result of the redemption priceor otherwise, interest will cease if the Company or any Guarantor determines, acting reasonably and in good faith, that it has become or would become obligated to accrue on pay any Additional Amounts in respect of the Notes (i) as a result of (1) any change in or portions thereof called for redemption on amendment to the applicable redemption date.laws or treaties (or regulations or rulings promulgated thereunder) of a Relevant Taxing Jurisdiction or
Appears in 1 contract
Sources: Indenture
Optional Redemption. (a) At any time prior to November 1, 2007Except as set forth in paragraph 5(b) below, the Company may on any one or more occasions shall not have the option to redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes will not be redeemable at the Company's option prior to November 1January 15, 2009; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) 2007. On or after November 1January 15, 20092007, the Company may redeem all or a part of the Notes upon not less than 30 nor more than 60 days' noticenotice mailed to each Holder of the Notes being redeemed, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional InterestLiquidated Damages, if any, on the Notes thereon to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 January 15 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.6882007.............................................. 103.000% 2010............................................................ 102.4582008.............................................. 101.500% 2011............................................................ 101.229% 2012 2009 and thereafter............................................. ............................... 100.000%
(db) At any time prior to November 1January 15, 20092007, the Company may also may, on any one or more occasions, redeem all or a part up to 35% of the aggregate principal amount of Notes issued under the Indenture at a redemption price equal to 100of 100.000% of the principal amount of Notes to be redeemedthereof, plus a premium equal to the Applicable Premium (as calculated by interest rate per annum on the Company) as ofNotes applicable on the date on which notice of redemption is given, and together with accrued and unpaid interest and Additional InterestLiquidated Damages, if any, to, but not including, the redemption date, subject thereon to the rights of Holders on the relevant record date to receive interest due on the relevant interest payment date.
(e) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date, with the net cash proceeds of one or more Equity Offerings of the Company (or any Parent to the extent such proceeds are contributed to the common equity of the Company); provided that (1) at least 65% of the aggregate principal amount of Notes initially issued under the Indenture remains outstanding immediately after the occurrence of such redemption, excluding Notes held by the Company and its Subsidiaries; and (2) the redemption must occur within 90 days of the date of the closing of such Equity Offering (or, in the case of any Equity Offering by any Parent, the contribution to the Company).
Appears in 1 contract
Sources: Indenture (Ames True Temper, Inc.)
Optional Redemption. (a) At any time prior to November 1, 2007Except as set forth in clauses (b) and (c) of this Section 3.07, the Company may on any one or more occasions shall not have the option to redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to this Section 3.07(a) or as otherwise set forth below, the Notes will not be redeemable at the Company's option 3.07 prior to November 1March 15, 2009; provided2010. On or after March 15, however2010, the Company may acquire shall have the Notes by means other than a redemptionoption to redeem the Notes, whether pursuant to a tender offer, open market purchase in whole or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part of the Notes upon not less than 30 nor more than 60 days' noticein part, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional Interest, if any, on the Notes thereon, to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 March 15 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.6882010 .................. 103.313% 2010............................................................ 102.458% 2011............................................................ 101.2292011 .................. 102.208% 2012 .................. 101.104% 2013 and thereafter............................................. thereafter ... 100.000%
(db) At Notwithstanding the provisions of clause (a) of this Section 3.07, at any time on or prior to November 1March 15, 20092008, the Company may also on one or more occasions redeem all or a part up to an aggregate of 35% of the aggregate principal amount of Notes issued under this Indenture at a redemption price equal to 106.625% of the principal amount thereof plus accrued and unpaid interest and Additional Interest thereon, if any, to the redemption date, with the net cash proceeds of one or more Equity Offerings of the Company, to the extent the net cash proceeds thereof are contributed to the Company as a capital contribution to the common equity of the Company; provided that at least 65% of the aggregate principal amount of the Notes issued under this Indenture remains outstanding immediately after the occurrence of such redemption and that such redemption occurs within 90 days of the date of the closing of such Equity Offering.
(c) Notwithstanding the provisions of clauses (a) and (b) of this Section 3.07, prior to March 15, 2010, the Notes will be redeemable, in whole, at any time, or in part, from time to time, at the option of the Company upon not less than 30 nor more than 60 days' notice at a redemption price equal to the sum of: (1) 100% of the principal amount of Notes to be redeemedthereof, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional Interest, if any, to, but not including, thereon to the redemption date, subject to if any; plus (2) the rights of Holders on the relevant record date to receive interest due on the relevant interest payment dateMake-Whole Amount.
(ed) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections Section 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Sources: Indenture (Wci Communities Inc)
Optional Redemption. (a) At any time prior to November 1, 2007, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the The Notes will not be redeemable at the Company's option of the Company prior to November June 1, 2009; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) 2004. On or after November 1, 2009such date, the Company may redeem all or a part Notes will be redeemable at the option of the Notes upon not less than 30 nor more than 60 days' noticeCompany, in whole at any time or in part from time to time, at the redemption following prices (expressed as in percentages of the principal amount) set forth below plus accrued and unpaid interest and Additional Interest, if any, on the Notes to be redeemed to, but not including, the applicable redemption date), if redeemed during the twelve-month period 12 months beginning on November June 1 of the years indicated below, in each case together with interest accrued to the redemption date (subject to the rights right of Holders on the relevant of record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.688% 2010............................................................ 102.458% 2011............................................................ 101.229% 2012 and thereafter............................................. 100.000%
(d) At any time prior to November 1, 2009, the Company may also redeem all or a part of the Notes at a redemption price equal to 100% of the principal amount of Notes to be redeemed, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, subject to the rights of Holders on the relevant record date to receive interest due on the relevant interest payment date): YEAR PERCENTAGE ---- ---------- 2004................................ 105.000% 2005................................ 103.333% 2006................................ 101.667% 2007 and thereafter................. 100.000%
(b) If fewer than all the Notes are redeemed, selection for redemption will be made by the Trustee, by lot or by any other means the Trustee determines to be fair and appropriate.
(ec) Any Notwithstanding the foregoing, at any time on or prior to June 1, 2002, the Company may redeem up to an aggregate of 33% of the principal amount of Notes at a redemption pursuant to this Section 3.07 shall be made pursuant price of 110% of the principal amount thereof, plus accrued and unpaid interest thereon to the provisions redemption date, with the net proceeds from a Qualified Equity Offering, PROVIDED that at least 67% of Sections 3.01 through 3.06 hereof. Unless the aggregate principal amount of Notes remain outstanding immediately after the occurrence of such redemption and PROVIDED, FURTHER, that such redemption occurs within 60 days of the date of the closing of such Qualified Equity Offering.
(d) The Notes may be redeemed at the option of the Company defaults in whole or in part, upon not less than 30 nor more than 60 days' notice, at any time at 100% of the principal amount thereof, plus accrued and unpaid interest to the date fixed for such payment if, as a result of any change in or amendment to the laws, regulations or governmental policy having the force of law of any Permitted Country (or of any political subdivision or taxing authority thereof or therein) or any execution of or amendment to, any treaty or treaties affecting taxation of which the Permitted Country (or such political subdivision or taxing authority) is a party, which becomes effective on or after the date of the Company's change in organizational jurisdiction (i) the Company is required, or would be required on the next succeeding interest payment date, to pay Additional Amounts in respect of payments on the Notes as a result of the imposition of Taxes imposed by a Permitted Country (or any political subdivision or taxing authority thereof) and (ii) the payment of such Additional Amounts cannot be avoided by the use of any reasonable measures available to the Company that do not require undue effort or costs. In addition, the Company will also pay to holders on the redemption pricedate any Additional Amounts which would otherwise be payable; PROVIDED, interest will cease HOWEVER, that no such notice of redemption shall be given earlier than 180 days prior to accrue the earliest date on which the Company could be obligated to pay such Additional Amounts if a payment in respect of the Notes were then due. Prior to the publication of the notice of redemption in accordance with the foregoing, the Company shall deliver to the Trustee an officer's certificate stating that (x) the Company is entitled to effect such redemption based on an Opinion of Counsel or portions thereof called for redemption on written advice of an independent tax counsel or accounting firm, such opinion or advice being reasonably acceptable to the applicable redemption dateTrustee, that the condition referred to in clause (i) of the immediately preceding paragraph is satisfied as a result of such change, amendment or executed or amended treaty and (y) the condition described in (ii) of the immediately preceding paragraph is satisfied. Such notice, once delivered by the Company to the Trustee, will be irrevocable.
Appears in 1 contract
Sources: Second Supplemental Indenture (Pride International Inc)
Optional Redemption. (a) At any On and after July 15, 2018 the Issuer may redeem all or, from time prior to November 1time, 2007, the Company may on any one or more occasions redeem up to 35% part of the aggregate principal amount of Notes issued under this Indenture Notes, upon not less than 10 nor more than 60 days’ notice, at the following redemption prices (including additional notes issued after Issue Date) at expressed as a redemption price of 107.375% percentage of the principal amount thereof, amount) plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes will not be redeemable at the Company's option prior to November 1, 2009; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part of the Notes upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional Interest, if any, on the Notes to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 of the years indicated below, date (subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.688% 2010............................................................ 102.458% 2011............................................................ 101.229% 2012 and thereafter............................................. 100.000%
(d) At any time prior to November 1, 2009, the Company may also redeem all or a part right of the Notes at a redemption price equal to 100% Holders of the principal amount of Notes to be redeemed, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, subject to the rights of Holders record on the relevant record date to receive interest due on the relevant interest payment date), if redeemed during the twelve-month period beginning on July 15 of the years indicated below: Year Price 2018 ...................................................................................................................................... 104.031% 2019 ...................................................................................................................................... 102.688% 2020 ...................................................................................................................................... 101.344% 2021 and thereafter ............................................................................................................... 100.000% Unless the Issuer defaults in the payment of the redemption price, interest will cease to accrue on the Notes or the portion thereof called for redemption on the applicable redemption date. Any such redemption and notice may, in the Issuer’s discretion, be subject to the satisfaction of one or more conditions precedent.
(eb) Prior to July 15, 2018, the Issuer may on any one or more occasions redeem up to 40% of the original principal amount of the Notes (including the principal amount of any Additional Notes denominated in such currency), upon not less than 10 nor more than 60 days’ notice, with funds in an aggregate amount (the “Redemption Amount”) not exceeding the Net Cash Proceeds of one or more Equity Offerings at a redemption price of 105.375% of the principal amount of the Notes, plus accrued and unpaid interest to, but not including, the applicable redemption date (subject to the right of Holders of record on the relevant record date to receive interest due on the relevant interest payment date); provided that:
(1) at least 60% of the original principal amount of the Notes (including the principal amount of any Additional Notes) remains outstanding after each such redemption; and
(2) the redemption occurs within 180 days after the closing of such Equity Offering. Any redemption notice given in respect of the redemption of the Notes (including upon an Equity Offering or in connection with a transaction (or series of related transactions) or an event that constitutes a Change of Control) may, at the Issuer’s discretion, be subject to the satisfaction of one or more conditions precedent, including, but not limited to, the completion or occurrence of such transaction or event, as the case may be. In addition, if such redemption or purchase is subject to satisfaction of one or more conditions precedent, such notice shall describe each such condition, and if applicable, shall state that, in the Issuer’s discretion, the redemption date may be delayed until such time (including more than 60 days after the date the notice of redemption was mailed or delivered, including by electronic transmission) as any or all such conditions shall be satisfied or waived, or such redemption or purchase may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied or waived by the redemption date, or by the redemption date as so delayed, or such notice may be rescinded at any time in the Issuer’s discretion if in the good faith judgment of the Issuer any or all of such conditions will not be satisfied. In addition, the Issuer may provide in such notice that payment of the redemption price and performance of the Issuer’s obligations with respect to such redemption may be performed by another Person. In no event shall the Trustee be responsible for monitoring, or charged with knowledge of, the maximum aggregate amount of the Notes eligible under this Indenture to be redeemed.
(c) Prior to July 15, 2018, the Issuer may redeem all or, from time to time, a part of the Notes upon not less than 10 nor more than 60 days’ notice at a redemption price equal to 100% of the principal amount thereof plus the Applicable Premium and accrued and unpaid interest to, but not including, the applicable redemption date (subject to the right of Holders of record on the relevant record date to receive interest due on the relevant interest payment date). Any such redemption and notice may, at the Issuer’s discretion, be subject to the satisfaction of one or more conditions precedent.
(d) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections 3.01 through Section 3.06 hereof. Unless .
(e) If any Notes are listed on an exchange, and the Company defaults in the payment rules of the exchange so require, the Issuer will notify the exchange of any such redemption priceand the principal amount of any Notes outstanding following any partial redemption of such Notes. In no event will the Trustee be responsible for monitoring, interest will cease or charged with knowledge of, the maximum aggregate amount of Notes eligible under this Indenture to accrue on the Notes or portions thereof called for redemption on the applicable redemption datebe redeemed.
Appears in 1 contract
Sources: Indenture
Optional Redemption. (a) At any time prior to November 1, 2007, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
Except as set forth in clause (b) Except pursuant to of this Section 3.07(a) or as otherwise set forth below3.07, the Subordinated Notes will shall not be redeemable at the Company's option prior to November 1March 15, 2009; provided, however2003. Thereafter, the Company may acquire Subordinated Notes shall be subject to redemption at any time at the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part option of the Notes Company, in whole or in part, upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional InterestLiquidated Damages thereon, if any, on the Notes to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 March 15 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.6882003......................................106.875% 2010............................................................ 102.4582004......................................104.583% 2011............................................................ 101.2292005......................................102.293% 2012 2006 and thereafter............................................. .......................100.000%
(db) At Notwithstanding the foregoing, at any time prior to November 1March 15, 20092001, the Company may also may, at its option, redeem all or a part up to one-half of the aggregate principal amount of Subordinated Notes at a redemption price equal to 100113.75% of the principal amount of Notes to be redeemedthereof, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional InterestLiquidated Damages thereon, if any, towith the net cash proceeds of an Equity Offering; provided that at least one-half of the original aggregate principal amount of the Subordinated Notes remains outstanding immediately after the occurrence of such redemption (excluding Subordinated Notes held by the Company and its Subsidiaries); and provided, but not includingfurther, that any such redemption shall occur within 60 days of the redemption date, subject to date of the rights closing of Holders on the relevant record date to receive interest due on the relevant interest payment date.
(e) such Equity Offering. Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections Section 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Sources: Indenture (Sf Holdings Group Inc)
Optional Redemption. (a) At any time prior to November 115, 20072006, the Company may on any one or more occasions redeem redeem, in whole or in part, up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375108.75% of the principal amount thereof, plus accrued and unpaid interest and Additional InterestLiquidated Damages, if any, to, but not including, to the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the notice of redemption occurs within 180 is mailed 60 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes will not be redeemable at the Company's option prior to November 1, 2009; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 115, 20092008, the Company may may, at its option, redeem all or a part of the Notes upon not less than 30 nor more than 60 days' days notice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional InterestLiquidated Damages, if any, on the Notes thereon, to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 15 of the years indicated below, subject to the rights of the Holders of the Notes on the relevant record date to receive interest on the relevant interest payment datedate that is on or prior to the date fixed for redemption: Year Percentage ---- ---------- 2008....................................................... 104.375% 2009............................................................ 103.688....................................................... 102.917% 2010............................................................ 102.458....................................................... 101.458% 2011............................................................ 101.229% 2012 2011 and thereafter............................................. ........................................ 100.000%
(d) At any time prior to November 1, 2009, the Company may also redeem all or a part of the Notes at a redemption price equal to 100% of the principal amount of Notes to be redeemed, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, subject to the rights of Holders on the relevant record date to receive interest due on the relevant interest payment date.
(ec) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections Section 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Sources: Indenture (Puretec Corp)
Optional Redemption. (a) At any time prior to November 1, 2007, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; Except as provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
in paragraph (b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes will shall not be redeemable at the Company's option prior to November 1July 15, 2009; provided, however2005. Thereafter, the Company may acquire Notes shall be subject to redemption at any time at the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part option of the Notes Company, in whole or in part, upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amountamount thereof) set forth below plus accrued and unpaid interest and Additional InterestLiquidated Damages thereon, if any, on the Notes to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning commencing on November 1 July 15 of the years indicated set forth below, subject to the rights : -55- Percentage of Holders on the relevant record date to receive interest on the relevant interest payment date: Principal Year Percentage Amount ---- ---------- 2009............................................................ 103.688------------ 2005................................................... 106.000% 2010............................................................ 102.4582006................................................... 104.000% 2011............................................................ 101.2292007................................................... 102.000% 2012 2008 and thereafter............................................. .................................... 100.000%
(db) At Notwithstanding the foregoing, at any time, or from time to time, on or prior to November 1July 15, 20092003, the Company may also may, at its option, redeem all or a part of the Notes at a redemption price equal up to 10035% of the principal amount of Initial Notes to be redeemedissued under this Indenture at a redemption price of 112.000% of the principal amount thereof, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional InterestLiquidated Damages, if any, to, but not including, thereon to the redemption date, subject to with the rights net cash proceeds of Holders on one or more Public Equity Offerings; provided that at least 65% of the relevant record date to receive interest due on aggregate principal amount of Initial Notes issued under this Indenture remains outstanding immediately after the relevant interest payment dateoccurrence of such redemption (excluding Notes held by the Company and its Subsidiaries); and provided further that such redemption shall occur within 90 days after the consummation of any such Public Equity Offering.
(ec) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date3.06.
Appears in 1 contract
Sources: Indenture (Etesting Labs Inc)
Optional Redemption. (a) At any time prior to November 1, 2007Except as set forth in clause (b) of this Section 3.07, the Company may on any one or more occasions shall not have the option to redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to this Section 3.07(a) or as otherwise set forth below, the Notes will not be redeemable at the Company's option 3.07 prior to November February 1, 2009; provided, however2003. Thereafter, the Company may acquire shall have the Notes by means other than a redemptionoption to redeem the Notes, whether pursuant to a tender offerin whole or in part, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part of the Notes upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amount) set forth below below, plus accrued and unpaid interest and Additional InterestLiquidated Damages, if any, on the Notes thereon to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November February 1 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage YEAR PERCENTAGE ---- ---------- 2009............................................................ 103.6882003................................................... 104.563% 2010............................................................ 102.4582004................................................... 103.042% 2011............................................................ 101.2292005................................................... 101.521% 2012 2006 and thereafter............................................. .................................... 100.000%
(db) At any time Notwithstanding the foregoing, prior to November February 1, 20092001, the Company may also may, on any one or more occasions, redeem all or a part up to 35% of the aggregate principal amount of Notes originally issued in the Offering at a redemption price equal to 100of 109.125% of the principal amount of Notes to be redeemedthereof, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional InterestLiquidated Damages, if any, to, but not including, thereon to the redemption date, subject to with the rights net cash proceeds of Holders on an offering of common equity of the relevant record Company (other than Disqualified Stock); provided that (i) at least 65% of the aggregate principal amount of the Notes originally issued in the Offering remain outstanding immediately after the occurrence of each such redemption (excluding Notes held by the Company and its Subsidiaries) and (ii) each such redemption shall occur within 75 days after the date to receive interest due on of the relevant interest payment dateclosing of any such offering of common equity of the Company.
(ec) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections Section 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Sources: Indenture (SFX Broadcasting Inc)
Optional Redemption. (a) At any time prior to November 1, 2007Except as set forth in clause (b) of this Section 3.07, the Company may on any one or more occasions shall not have the option to redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to this Section 3.07(a) or as otherwise set forth below, the Notes will not be redeemable at the Company's option 3.07 prior to November 1March 15, 2009; provided, however2005. Thereafter, the Company may acquire shall have the Notes by means other than a redemption, whether pursuant option to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part of the Notes upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional InterestLiquidated Damages, if any, on the Notes thereon to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 March 15, of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.6882005.................................................. 107.000% 2010............................................................ 102.4582006.................................................. 104.667% 2011............................................................ 101.2292007.................................................. 102.333% 2012 2008 and thereafter............................................. ................................... 100.000%
(db) At any time prior to November 1March 15, 20092003, the Company may also on any one or more occasions redeem all or a part up to 35% of the aggregate principal amount of Notes issued under this Indenture at a redemption price equal to 100of 114% of the principal amount of Notes to be redeemedthereof, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional InterestLiquidated Damages, if any, to, but not including, to the redemption date, subject with the net cash proceeds of one or more equity offerings by the Company or parent corporation of the Company, the net proceeds of which are contributed to the rights common equity of Holders on the relevant record Company (other than an offering of Disqualified Stock); provided that at least 65% of the aggregate principal amount of the Notes issued under this Indenture remains outstanding immediately after the occurrence of such redemption (excluding Notes held by the Company and its subsidiaries) and that such redemption occurs within 90 days of the date to receive interest due on of the relevant interest payment dateclosing of such equity offering.
(ec) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections Section 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Sources: Indenture (Xm Satellite Radio Inc)
Optional Redemption. (a) At The Notes will be subject to redemption at the option of the Company, in whole or in part, at any time on or after March 1, 2009 and prior to November maturity, upon not less than 30 nor more than 60 days' notice mailed to each Holder of Notes to be redeemed at such Holder's address appearing in the Register, in amounts of US$1,000 or an integral multiple of US$1,000, at the following Redemption Prices (expressed as percentages of the principal amount) plus accrued interest to but excluding the redemption date (subject to the right of Holders of record on the relevant Record Date to receive interest due on an Interest Payment Date that is on or prior to the redemption date), if redeemed during the 12-month period beginning on March 1 of the years indicated: EXHIBIT A YEAR PERCENTAGE 2009................................................... 103.188% 2010................................................... 102.125% 2011................................................... 101.063% 2012 and thereafter.................................... 100.000%
(b) The Notes will be subject to redemption prior to March 1, 2007, 2007 only in the event that the Company may on any receives net proceeds from the sale of its Common Stock in one or more occasions Public Equity Offerings, in which case the Company may, at its option, use all or a portion of any such net proceeds to redeem notes in a principal amount of at least US$5.0 million and up to an aggregate amount equal to 35% of the aggregate original principal amount of the Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal Additional Notes); provided, however, that Notes in an amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) equal to at least 65% of the aggregate original principal amount of the Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiariesincluding Additional Notes) remains remain outstanding immediately after the occurrence of each such redemption; and
(2) the . Any such redemption occurs must occur on a redemption date within 180 75 days of the date completion of such Public Equity Offering and upon not less than 30 nor more than 60 days' notice mailed to each Holder of Notes to be redeemed at such Holder's address appearing in the Register, in amounts of US$1,000 or an integral multiple of US$1,000, at a redemption price of 106.375% of the closing principal amount of such Equity Offeringthe Notes plus accrued interest to but excluding the redemption date (subject to the right of Holders of record on the relevant Record Date to receive interest due on an Interest Payment Date that is on or prior to the redemption date).
(bc) Except pursuant to Section 3.07(athe preceding paragraph and as described below under clause (d) or as otherwise set forth belowhereof, the Notes will not be redeemable at the Company's option prior to November before March 1, 2009; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(cd) On or after November 1, 2009, The Notes will be subject to redemption at the Company may redeem all or a part option of the Notes Company, as a whole but not in part, at any time upon not less fewer than 30 nor more than 60 days' notice, notice mailed to each Holder of Notes at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional Interest, if any, on addresses appearing in the Notes to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.688% 2010............................................................ 102.458% 2011............................................................ 101.229% 2012 and thereafter............................................. 100.000%
(d) At any time prior to November 1, 2009, the Company may also redeem all or a part of the Notes Register at a redemption price equal to 100% of the principal amount of the Notes plus accrued interest, to be redeemed, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional Interest, if any, to, but not including, excluding the redemption date, subject date if the Company has become or would become obligated to pay on the next date on which any amount would be payable under or with respect to the rights Notes, any Additional Amounts as a result of Holders on the relevant record date to receive interest due on the relevant interest payment date.
(e) Any redemption pursuant to this Section 3.07 shall be made pursuant any change or amendment to the provisions laws (or regulations promulgated thereunder) of Sections 3.01 through 3.06 hereof. Unless Canada (or any political subdivision or taxing authority thereof or therein) (collectively, a "Taxing Authority"), or any change in or amendment to any official position or administration or assessing practices regarding the Company defaults in application or interpretation of such laws or regulations, which change or amendment is announced or becomes effective on or after the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption dateIssue Date.
Appears in 1 contract
Sources: Indenture (Russel Metals Inc)
Optional Redemption. (a) At any time prior to November 1, 2007, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
Except as set forth in subsection (b) Except pursuant to of this Section 3.07(a) or as otherwise set forth below3.07, the Notes will shall not be redeemable at the CompanyIssuer's option prior to November 1June 30, 2009; provided, however2007. Thereafter, the Company may acquire Notes shall be redeemable at the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part option of the Notes Issuer, in whole at any time or in part from time to time, upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional Interestthereon, if any, on the Notes to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 June 30 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage YEAR PERCENTAGE ---- ---------- 2009............................................................ 103.6882007 ..................................................................103.50% 2010............................................................ 102.4582008...................................................................101.75% 2011............................................................ 101.229% 2012 2009 and thereafter............................................. 100.000thereafter ...................................................100.00%
(db) At Notwithstanding subsection (a) of this Section 3.07, at any time prior to November 1, 2009within 75 days after the date as of which the Issuer has knowledge of the occurrence of a Change of Control, the Company may also Issuer may, but shall in no event be required to, redeem all or a part 100% but not less than 100% of the outstanding Notes at a redemption price equal to 100101% of the principal amount of Notes to be redeemedthe Notes, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional Interestthereon, if any, to, but not including, to the redemption date, subject to the rights of Holders on the relevant record date to receive interest due on the relevant interest payment date.
(ec) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Optional Redemption. (a) At any time prior to November 1, 2007Except as set forth in clause (b) of this Section of this Note, the Company may on any one or more occasions shall not have the option to redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes will not be redeemable at the Company's option prior to November 1August 15, 2009; provided, however2003. Thereafter, the Company may acquire shall have the Notes by means other than a redemptionoption to redeem the Notes, whether pursuant in whole or in part, from time to a tender offertime, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part of the Notes upon not less than 30 nor more than 60 days' noticedays notice to the Holders, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional InterestLiquidated Damages, if any, on the Notes thereon, to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 August 15 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage YEAR PERCENTAGE ---- ---------- 2009............................................................ 103.6882003................................... 105.500% 2010............................................................ 102.4582004................................... 103.667% 2011............................................................ 101.2292005................................... 101.833% 2012 2006 and thereafter............................................. .................... 100.000%
(db) At Notwithstanding the provisions of clause (a) of this Section of the Notes, at any time prior to November 1August 15, 20092001, the Company may also (but shall not have the obligation to) redeem all or a part up to 35% of the aggregate principal amount of the Notes issued under the Indenture at a redemption price equal to 100of 111.00% of the principal amount of Notes to be redeemedthereof, in each case plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional InterestLiquidated Damages, if any, to, but not including, thereon to the redemption date, subject to with the rights Net Cash Proceeds received by the Company from one or more of Holders on Equity Offerings; provided that at least 65% of the relevant record aggregate principal amount of Notes issued under the Indenture remain outstanding immediately after the occurrence of such redemption; and provided, further, that such redemption shall occur within 60 days of the date to receive interest due on of the relevant interest payment dateclosing of such Equity Offering.
(ec) Any Notice of redemption pursuant will be mailed at least 30 days but not more than 60 days before the redemption date to this Section 3.07 shall each Holder whose Notes are to be made pursuant to the provisions redeemed at its registered address. Notes in denominations larger than $1,000 may be redeemed in part but only in integral multiples of Sections 3.01 through 3.06 hereof. Unless the Company defaults in the payment $1,000, unless all of the Notes held by a Holder are to be redeemed. On and after the redemption price, date interest will cease ceases to accrue on the Notes or portions thereof called for redemption unless the Company defaults in such payments due on the applicable redemption date.
Appears in 1 contract
Sources: Indenture (Bell Sports Corp)
Optional Redemption. (a) At any time prior to November 1, 2007, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes will not be redeemable at the Company's option prior to November 1, 2009; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the The Company may redeem all or a part of the Notes at any time at its option, in whole or in part, upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional Interest, if any, on . To redeem the Notes to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.688% 2010............................................................ 102.458% 2011............................................................ 101.229% 2012 and thereafter............................................. 100.000%
(d) At any time prior to November July 1, 20092008, the Company may also redeem all or a part of the Notes at must pay a redemption price equal to the greater of:
(a) 100% of the principal amount of the Notes to be redeemed; and
(b) the sum of the present values of (1) the redemption price of the Notes at July 1, plus the Applicable Premium 2008 (as calculated by set forth below) and (2) the Company) as ofremaining scheduled payments of interest from the Redemption Date to July 1, and 2008, but excluding accrued and unpaid interest and Additional Interestinterest, if any, toto the Redemption Date, but not includingdiscounted to the Redemption Date on a semi-annual basis (assuming a 360-day year consisting of twelve 30-day months), at the redemption dateTreasury Rate (determined on the second business day immediately preceding the Redemption Date) plus 50 basis points, plus, in either case, accrued and unpaid interest, if any, to the Redemption Date (subject to the rights right of Holders holders of record on the relevant record date to receive interest due on the relevant interest payment date.
(e) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof). Unless Beginning on July 1, 2008, the Company defaults may redeem the Notes at its option, in whole or in part, at the payment following redemption prices (expressed as percentages of the redemption priceprincipal amount thereof) if redeemed during the twelve-month period commencing on July 1 of the year set forth below: YEAR PERCENTAGE ---- ---------- 2008....................................................... 104.750% 2009....................................................... 103.563% 2010....................................................... 102.375% 2011....................................................... 101.188% 2012 and thereafter........................................ 100.000% In addition, the Company must pay accrued and unpaid interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption dateredeemed.
Appears in 1 contract
Sources: Indenture (Mobile Mini Inc)
Optional Redemption. (a) At any time prior to November 1July 15, 20072022, the Company Issuer may on any one or more occasions redeem up to 35% of the aggregate principal amount of the Notes issued under this the Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375equal to 105.750% of the principal amount thereofof the Notes to be redeemed, plus accrued and unpaid interest and Additional Interest, (if any, ) thereon to, but not includingexcluding, the redemption date, date with an amount equal to the net cash proceeds of received by the Issuer from one or more Equity Offerings; provided that:
provided, however, that (1i) at least 65% of the aggregate principal prin- cipal amount of the Notes initially issued under this Indenture (excluding Notes held by on the Company and its Subsidiaries) remains Issue Date remain outstanding immediately after the occurrence of following such redemption; and
and (2ii) the any such redemption occurs shall be made within 180 90 days of the date of the closing of any such Equity Offering.
(b) Except pursuant to Section 3.07(a) . On and after July 15, 2022 the Issuer may on one or as otherwise set forth belowmore occasions redeem the Notes, the Notes will not be redeemable in whole or in part, upon notice at the Company's option prior to November 1, 2009; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part of the Notes upon not less than 30 nor more than 60 days' notice, at the applicable redemption prices price (expressed as percentages of principal amountamount of the Notes to be redeemed) set forth below below, plus accrued and unpaid interest and Additional Interestinterest, if any, on the Notes to be redeemed to, but not includingexcluding, the applicable redemption date, subject to the right of Holders of record on the relevant Record Date to receive interest due on the relevant Interest Payment Date, if redeemed during the twelve-month period beginning on November 1 July 15 of each of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.6882022................................................................................................................... 102.875% 2010............................................................ 102.4582023................................................................................................................... 101.438% 2011............................................................ 101.229% 2012 2024 and thereafter............................................. ............................................................................................ 100.000%
(d) % At any time prior to November 1July 15, 20092022, the Company may also redeem all Notes shall be redeemable, in whole or a part in part, at the op- tion of the Notes Issuer at any time and from time to time at a redemption price equal to the sum of (i) 100% of the principal amount of the Notes to be redeemed, plus (ii) the Applicable Premium (as calculated by the Company) as oftogether with, and in each case, accrued and unpaid interest and Additional Interest, if any, on the principal amount of the Notes to be redeemed to, but not includingexcluding, the redemption datedate of redemption. If Holders of not less than 90% in aggregate principal amount of the outstanding Notes validly tender and do not withdraw such Notes in a Change of Control Offer and the Issuer, subject to or any third party making a Change of Control Offer in lieu of the rights Issuer, purchases all of Holders on the relevant record date to receive interest due on Notes validly tendered and not withdrawn by such Holders, the relevant interest payment date.
(e) Any redemption pursuant to this Section 3.07 shall be made Issuer or such third party will have the right, upon not less than 30 nor more than 60 days’ prior notice, given not more than 30 days following such purchase pursuant to the provisions Change of Sections 3.01 through 3.06 hereof. Unless the Company defaults Control Offer, to redeem all Notes that remain outstanding following such purchase at a price in the payment cash equal to 101% of the redemption price, principal amount thereof plus accrued and unpaid interest will cease to accrue on but ex- cluding the Notes or portions thereof called for redemption on the applicable redemption datedate of redemption.
Appears in 1 contract
Sources: Indenture
Optional Redemption. Except as set forth in the next paragraph, the Notes will not be redeemable at the option of the Issuer prior to July 1, 2008. Starting on that date, the Issuer may redeem all or any portion of the Notes, at once or over time, after giving the required notice under this Indenture. The Notes may be redeemed at the redemption prices set forth below, plus accrued and unpaid interest to the redemption date (a) At subject to the right of Holders of record on the relevant Record Date to receive interest due on the relevant interest payment date). The following prices are for Notes redeemed during the 12-month period commencing on July 1, 2008 of the years set forth below, and are expressed as percentages of principal amount: REDEMPTION ---------- YEAR PRICE ---- ----- 2008..................................................................................... 103.375% 2009..................................................................................... 102.250% 2010..................................................................................... 101.125% 2011 and thereafter...................................................................... 100.000% In addition, at any time and from time to time, prior to November July 1, 20072006, the Company Issuer may on any one or more occasions redeem up to a maximum of 35% of the original aggregate principal amount of the Notes issued under this Indenture (including additional notes issued after Issue Datecalculated giving effect to any issuance of Additional Notes) with the proceeds of one or more Public Equity Offerings, at a redemption price of 107.375equal to 106.750% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, to the redemption date (subject to the right of Holders of record on the relevant Record Date to receive interest due on the relevant interest payment date); provided, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) however, that after giving effect to any such redemption, at least 65% of the original aggregate principal amount of the Notes issued under this Indenture (calculated giving effect to any issuance of Additional Notes) remains outstanding (excluding Notes held by the Company and Arch Coal or any of its Subsidiaries) remains outstanding immediately after the occurrence ). Any such redemption shall be made within 75 days of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Public Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes will not be redeemable at the Company's option prior to November 1, 2009; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part of the Notes Offering upon not less than 30 nor more than 60 days' prior notice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional Interest, if any, on the Notes to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.688% 2010............................................................ 102.458% 2011............................................................ 101.229% 2012 and thereafter............................................. 100.000%
(d) At any time prior to November 1, 2009, the Company may also redeem all or a part of the Notes at a redemption price equal to 100% of the principal amount of Notes to be redeemed, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, subject to the rights of Holders on the relevant record date to receive interest due on the relevant interest payment date.
(e) . Any redemption pursuant to this Section 3.07 3.01 shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption datethis Article Three.
Appears in 1 contract
Sources: Indenture (Arch of Wyoming LLC)
Optional Redemption. (a) At any time prior to November 1, 2007, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes will not be redeemable at the Company's option prior to November 1, 2009; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the The Company may redeem all or a part of the Notes at any time at its option, in whole or in part, upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional Interest, if any, on . To redeem the Notes to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.688% 2010............................................................ 102.458% 2011............................................................ 101.229% 2012 and thereafter............................................. 100.000%
(d) At any time prior to November July 1, 20092008, the Company may also redeem all or a part of the Notes at must pay a redemption price equal to the greater of:
(a) 100% of the principal amount of the Notes to be redeemed; and
(b) the sum of the present values of (1) the redemption price of the Notes at July 1, plus the Applicable Premium 2008 (as calculated by set forth below) and (2) the Company) as ofremaining scheduled payments of interest from the Redemption Date to July 1, and 2008, but excluding accrued and unpaid interest and Additional Interestinterest, if any, toto the Redemption Date, but not includingdiscounted to the Redemption Date on a semi-annual basis (assuming a 360-day year consisting of twelve 30-day months), at the redemption dateTreasury Rate (determined on the second business day immediately preceding the Redemption Date) plus 50 basis points, plus, in either case, accrued and unpaid interest, if any, to the Redemption Date (subject to the rights right of Holders holders of record on the relevant record date to receive interest due on the relevant interest payment date.
(e) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof). Unless Beginning on July 1, 2008, the Company defaults may redeem the Notes at its option, in whole or in part, at the payment following redemption prices (expressed as percentages of the redemption priceprincipal amount thereof) if redeemed during the twelve-month period commencing on July 1 of the year set forth below: YEAR PERCENTAGE ---- ---------- 2008.................................................................... 104.750% 2009.................................................................... 103.563% 2010.................................................................... 102.375% 2011.................................................................... 101.188% 2012 and thereafter..................................................... 100.000% In addition, the Company must pay accrued and unpaid interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption dateredeemed.
Appears in 1 contract
Sources: Indenture (Mobile Mini Inc)
Optional Redemption. (a) At any time The Securities are not redeemable prior to November December 1, 20072001, except as provided in clauses (b) and (c) below of this paragraph 5. On and after such date, the Securities may be redeemed at any time, in whole or in part, at the option of the Company, on not less than 30 days' nor more than 60 days' no- ▇▇▇▇, at the redemption prices (expressed as percentages of the principal amount) set forth below, if redeemed during the 12-month period beginning De- cember 1 of the year indicated below, in each case together with interest and Additional Interest, if any, accrued to the date fixed for redemption: YEAR PERCENTAGE ---- ---------- 2001............................................................ 104.625% 2002............................................................ 103.083% 2003............................................................ 101.542% 2004 and thereafter............................................. 100.000%
(b) In addition, prior to December 1, 1999, the Company may on any one or more occasions may, at its option, redeem up to 35% of the aggregate principal amount of Notes the Securities originally issued under this Indenture (including additional notes issued after Issue Date) with the net cash proceeds received by the Company from one or more Equity Public Offerings, at a redemption price (expressed as a percentage of 107.375the principal amount) of 109.250% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of to the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes will not be redeemable at the Company's option prior to November 1, 2009fixed for re- demption; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part of the Notes upon not less than 30 nor more than 60 days' notice, that at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional Interest, if any, on the Notes to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.688% 2010............................................................ 102.458% 2011............................................................ 101.229% 2012 and thereafter............................................. 100.000%
(d) At any time prior to November 1, 2009, the Company may also redeem all or a part of the Notes at a redemption price equal to 100% of the least $100 million in aggregate principal amount of Notes to be redeemed, plus the Applicable Premium Securities remains outstanding immediately after any such re- demption (as calculated excluding any Securities owned by the Company) as ofCompany or any of its Affili- ates); and provided, and accrued and unpaid interest and Additional Interestfurther, if any, to, but not including, the redemption date, subject to the rights of Holders that any such redemptions shall be made pro rata (based on the relevant record date to receive interest due on then outstanding principal amounts thereof) among the relevant interest payment date.
(e) Any Senior Notes and the Securities. Notice of redemption pursuant to this Section 3.07 shall paragraph must be made pursuant mailed to the provisions Holders of Sections 3.01 through 3.06 hereof. Unless the Company defaults in the payment Securities not later than 60 days following consumma- tion of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption datesuch Equity Public Offering.
Appears in 1 contract
Optional Redemption. (a) At The Debentures are redeemable at the option of the Company, in whole or in part, at any time prior or from time to November 1time through and including June 15, 2007, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) 2001 at a redemption price (the "Initial Optional Redemption Price") equal to the greater of 107.375(i) 100% of the principal amount thereofof such Debentures and (ii) as determined by a Quotation Agent, the sum of the present values of the principal amount of such Debentures as if redeemed on June 14, 2002, together with scheduled prepayments of interest from the prepayment date to but excluding June 14, 2002, discounted to the prepayment date on a semi- annual basis (assuming a 360-day year consisting of 30-day months) at the Adjusted Treasury Rate, plus, in each case, accrued and unpaid interest and Additional Interest, if any, to the date of redemption. On and after June 15, 2012, the Debentures are redeemable prior to maturity at the option of the Company, in whole or in part, at any time at the redemption prices described in the next sentence, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of to the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes will not be redeemable at the Company's option prior to November 1, 2009; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part of the Notes upon not less than 30 nor more than 60 days' notice, at the . The redemption prices price (expressed as percentages a percentage of principal amount) set forth below shall be equal to 100% plus the product of (x) the Adjusted A1-6 Distribution Rate and (y) the applicable Factor if redeemed during the twelve- month period beginning on June 15th of the years indicated below, the applicable "Factor" shall equal: YEAR % ---- --- 2012....................................... 50 2013....................................... 45 2014....................................... 40 2015....................................... 35 2016....................................... 30 2017....................................... 25 2018....................................... 20 2019....................................... 15 2020....................................... 10 2021....................................... 5 On and after June 15, 2022, the redemption price will be 100% of the principal amount of the Debentures to be redeemed, plus accrued and unpaid interest and Additional Interest, if any, on the Notes to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 of the years indicated below, subject to the rights date of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.688% 2010............................................................ 102.458% 2011............................................................ 101.229% 2012 and thereafter............................................. 100.000%
(d) At any time prior to November 1, 2009, the Company may also redeem all or a part of the Notes at a redemption price equal to 100% of the principal amount of Notes to be redeemed, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, subject to the rights of Holders on the relevant record date to receive interest due on the relevant interest payment dateredemption.
(e) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Optional Redemption. (a) At any time Except as set forth in clause (b) of this Section 3.07, the Company shall not have the option to redeem the Notes pursuant to this Section 3.07 prior to November 1, 20072004. Thereafter, the Company may on any one shall have the option to redeem the Notes, in whole or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereofin part, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes will not be redeemable at the Company's option prior to November 1, 2009; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part of the Notes upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amount) set forth below below, plus accrued and unpaid interest and Additional InterestLiquidated Damages, if any, on the Notes thereon to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.688YEAR PERCENTAGE 2004......................................... 104.813% 2010............................................................ 102.4582005......................................... 103.208% 2011............................................................ 101.2292006......................................... 101.604% 2012 2007 and thereafter............................................. .......................... 100.000%
(db) At any time Notwithstanding the foregoing, prior to November 1, 20092002, the Company may also may, on any one or more occasions, redeem all or a part up to 35% of the aggregate principal amount of Notes originally issued in the Offering at a redemption price equal to 100of 109.625% of the principal amount of Notes to be redeemedthereof, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional Interestinterest, if any, to, but not including, thereon to the redemption date, subject to with the rights net cash proceeds of Holders on an offering of common equity of the relevant record Company (other than Disqualified Stock); provided that (i) at least 65% of the aggregate principal amount of the Notes originally issued in the Offering remain outstanding immediately after the occurrence of each such redemption (excluding Notes held by the Company and its Subsidiaries) and (ii) each such redemption shall occur within 75 days after the date to receive interest due on of the relevant interest payment dateclosing of any such offering of common equity of the Company.
(ec) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections Section 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Optional Redemption. (a) At any time prior to November 1, 2007Except as set forth in clause (b) of this Section 3.7, the Company may shall not have the right to redeem any Notes pursuant to this Section 3.7 prior to August 15, 2005. The Notes will be redeemable for cash at the option of the Company, in whole or in part, at any time on or after August 15, 2005, upon not less than 30 days nor more than 60 days prior notice mailed by first class mail to each Holder at its last registered address, at the following redemption prices (expressed as percentages of the principal amount) if redeemed during the 12-month period commencing August 15 of the years indicated below, in each case (subject to the right of Holders of record on a Record Date to receive the corresponding interest due (and the corresponding Liquidated Damages, if any) on the corresponding Interest Payment Date that is on or prior to such redemption date) together with accrued and unpaid interest and Liquidated Damages, if any, thereon to the redemption date: Year Percentage ---- ---------- 2005..................................... 105.938% 2006..................................... 102.969% 2007 and thereafter...................... 100.000%
(b) Notwithstanding the provisions of clause (a) of this Section 3.7, at any one time on or more occasions redeem prior to August 15, 2004, upon a Public Equity Offering of the Company's common stock for cash, up to 35% of the aggregate principal amount of the Notes issued under this Indenture (including additional notes issued after Issue Date) may be redeemed at the Company's option within 90 days of such Public Equity Offering, on not less than 30 days, but not more than 60 days, notice to each Holder of the Notes to be redeemed, with cash received by the Company from the Net Cash Proceeds of such Public Equity Offering, at a redemption price of 107.375equal to 111.875% of the principal amount thereofthereof (subject to the right of Holders of record on a Record Date to receive the corresponding interest (and the corresponding Liquidated Damages, plus if any) due on the Interest Payment Date that is on or prior to such redemption date), together with accrued and unpaid interest and Additional InterestLiquidated Damages, if any, to, but not including, thereon to the redemption date; provided, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least however, that immediately following such redemption not less than 65% of the aggregate principal amount of the Notes originally issued under this Indenture (excluding Notes held by on the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) Issue Date remain outstanding. If the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes will not be redeemable at the Company's option prior to November 1, 2009; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On hereunder is on or after November 1an interest record date ("Record Date") on which the Holders of record have a right to receive the corresponding Interest due and Liquidated Damages, 2009if any, and on or before the Company may redeem all or a part of the Notes upon not less than 30 nor more than 60 days' noticeassociated Interest Payment Date, at the redemption prices (expressed as percentages of principal amount) set forth below plus any accrued and unpaid interest and Additional InterestLiquidated Damages, if any, due on the Notes to such Interest Payment Date will be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 of the years indicated below, subject paid to the rights Person in whose name a Note is registered at the close of Holders business on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.688% 2010............................................................ 102.458% 2011............................................................ 101.229% 2012 and thereafter............................................. 100.000%
(d) At any time prior to November 1, 2009, the Company may also redeem all or a part of the Notes at a redemption price equal to 100% of the principal amount of Notes to be redeemed, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, subject to the rights of Holders on the relevant record date to receive interest due on the relevant interest payment datesuch Record Date.
(ec) Any redemption pursuant to this Section 3.07 3.7 shall be made pursuant to the provisions of Sections 3.01 3.1 through 3.06 3.6 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Sources: Indenture (Mikohn Gaming Corp)
Optional Redemption. (a) At any time prior to November 1, 2007Except as set forth in clause (b) of this Section 3.07, the Company may on any one or more occasions shall not have the option to redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to this Section 3.07(a) 3.07 on or as otherwise set forth below, the Notes will not be redeemable at the Company's option prior to November 1July 15, 2009; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 20092008. Thereafter, the Company may redeem all or a part of the Notes upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional InterestLiquidated Damages, if any, on the Notes thereon, to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 July 15 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage YEAR PERCENTAGE ---- ---------- 2009............................................................ 103.6882008......................... 104.125% 2010............................................................ 102.4582009 ........................ 102.750% 2011............................................................ 101.2292010 ........................ 101.375% 2012 2011 and thereafter............................................. thereafter ......... 100.000%
(db) At any time on or prior to November 1July 15, 20092006, the Company may also on any one or more occasions redeem all or a part up to 35% of the aggregate principal amount of Notes originally issued hereunder at a redemption price equal to 100of 108.250% of the principal amount of Notes to be redeemedthereof, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional InterestLiquidated Damages, if any, to, but not including, to the redemption date, subject to with the rights net cash proceeds of Holders on one or more Equity Offerings; PROVIDED that (A) at least 65% of the relevant record aggregate principal amount of the Notes originally issued under this Indenture remains outstanding immediately after the occurrence of such redemption, excluding Notes held by the Company and its Subsidiaries; and (B) the redemption must occur within 90 days of the date to receive interest due on of the relevant interest payment dateclosing of such Equity Offering.
(ec) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Optional Redemption. (a) At any time prior to November 1, 2007, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
Except as set forth in clause (b) Except pursuant to of this Section 3.07(a) or as otherwise set forth below3.07, the Notes will shall not be redeemable at the Company's option prior to November April 1, 2009; provided, however2007. Thereafter, the Company may acquire Notes will be subject to redemption at any time or from time to time at the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part option of the Notes Company, in whole or in part, upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional InterestLiquidated Damages, if any, on the Notes thereon, if any, to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 April of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- YEAR PERCENTAGE 2007................................... 104.813% 2008................................... 103.208% 2009............................................................ 103.688................................... 101.604% 2010............................................................ 102.458% 2011............................................................ 101.229% 2012 2010 and thereafter............................................. .................... 100.000%
(db) At Notwithstanding the foregoing, at any time prior or from time to November time after the Escrow Corp. Merger and on or before April 1, 20092005, the Company may also on any one or more occasions redeem all or a part up to 35% of the aggregate principal amount of Notes issued under this Indenture at a redemption price equal to 100of 109.625% of the principal amount of Notes to be redeemedthereof, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional Interestinterest, if any, toand Liquidated Damages, but not includingif any, thereon, to the redemption date, subject to with the rights net cash proceeds of Holders on any one or more Equity Offerings; provided that at least 65% of the relevant record aggregate principal amount of Notes issued under this Indenture remain outstanding immediately after each occurrence of such redemption; and provided, further, that each such redemption shall occur within 90 days of the date to receive interest due on of the relevant interest payment dateclosing of such Equity Offering.
(ec) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Sources: Indenture (Tesoro Alaska Co)
Optional Redemption. (a) At any time prior to November 1, 2007Except as set forth in clause (b) of this Section 3.07, the Company may on any one or more occasions shall not have the option to redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to this Section 3.07(a) or as otherwise set forth below3.07 prior to June 1, 2008. Thereafter, the Notes will not be redeemable subject to redemption at any time at the Company's option prior to November 1, 2009; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part of the Notes Company, in whole or in part, upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional Interest, if any, on the Notes thereon to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November June 1 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2008............................................ 104.188% 2009............................................................ 103.688............................................ 102.094% 2010............................................................ 102.458% 2011............................................................ 101.229% 2012 2010 and thereafter............................................. ............................. 100.000%
(db) At any time prior to November Notwithstanding the provisions of clause (a) of this Section 3.07, until June 1, 20092007, the Company may also on any one or more occasions redeem all or a part an aggregate principal amount not to exceed 35% of the aggregate principal amount of the Notes (which includes Additional Notes, if any) originally issued at a redemption price equal to 100of 108.375% of the principal amount of Notes to be redeemedthereof, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional Interestthereon, if any, to, but not including, to the redemption date, subject to with the rights net cash proceeds from one or more Public Equity Offerings by the Company; provided that at least 65% of Holders on such aggregate principal amount of Notes (which includes Additional Notes, if any) originally issued remains outstanding immediately after the relevant record occurrence of each such redemption (excluding Notes held, directly or indirectly, by the Company or its Affiliates); and provided, further, that such redemption shall occur within 120 days of the date to receive interest due on of the relevant interest payment dateclosing of such Public Equity Offering.
(ec) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections Section 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Optional Redemption. (a) Except as set forth in clauses (b), (c), (d) and (e) below, the First Lien Notes are not redeemable at the option of the Company.
(b) At any time prior to November April 1, 2007, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes will not be redeemable at the Company's option prior to November 1, 2009; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 20092028, the Company may redeem all the First Lien Notes in whole or a part of the Notes in part, at its option, upon not less than 30 10 nor more than 60 sixty (60) days' notice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional Interest, if any, on the Notes to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.688% 2010............................................................ 102.458% 2011............................................................ 101.229% 2012 and thereafter............................................. 100.000%
(d) At any time ’ prior to November 1, 2009, the Company may also redeem all or a part of the Notes notice at a redemption price equal to 100% of the principal amount of Notes to be redeemedsuch First Lien Notes, plus the relevant Applicable Premium (as calculated by the Company) as ofPremium, and accrued and unpaid interest and Additional Interestinterest, if any, to, but excluding, the redemption date; provided that, notwithstanding the foregoing, at any time and from time to time prior to April 1, 2028, the Company may redeem in the aggregate up to 10% of the principal amount of First Lien Notes originally issued on the Issue Date, in whole or in part, at its option, upon not includingless than ten (10) days’ nor more than sixty (60) days’ prior notice at a redemption price equal to 105% of the principal amount of such First Lien Notes, plus accrued and unpaid interest, if any, to, but excluding, the redemption date.
(c) At any time and from time to time on or after April 1, 2028, the Company may redeem the First Lien Notes, in whole or in part, upon not less than ten (10) days’ nor more than sixty (60) days’ prior notice at a redemption price equal to the percentage of principal amount set forth below plus accrued and unpaid interest, if any, on the First Lien Notes redeemed, to, but excluding, the applicable date of redemption, if redeemed during the twelve (12) month period beginning on the year indicated below: Year Percentage 2028…………………………………………………………………. 102.000% 2029…………………………………………………………………. 101.000% 2030 and thereafter………………………………………………….. 100.000% (d) At any time and from time to time prior to April 1, 2028, the Company may redeem First Lien Notes with the Net Cash Proceeds received by the Company from any Equity Offering at a redemption price equal to 107.375% plus accrued and unpaid interest to, but excluding, the redemption date, subject in an aggregate principal amount for all such redemptions not to exceed 40% of the rights original aggregate principal amount of Holders on the relevant record date to receive interest due on First Lien Notes (including Additional First Lien Notes); provided that (1) in each case the relevant interest payment date.
redemption takes place not later than ninety (e90) Any redemption pursuant to this Section 3.07 shall be made pursuant to days after the provisions closing of Sections 3.01 through 3.06 hereof. Unless the related Equity Offering; and (2) not less than 50% of the original aggregate principal amount of the First Lien Notes issued under the indenture remains outstanding immediately 77 thereafter (including any Additional First Lien Notes but excluding First Lien Notes held by the Company defaults in the payment and any of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption dateits Restricted Subsidiaries).
Appears in 1 contract
Sources: Indenture (Urban One, Inc.)
Optional Redemption. (a) At any time prior to November 1, 2007Except as set forth in clause (b) below of this Section 3.07, the Company may on any one or more occasions shall not have the option to redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes will not be redeemable at the Company's option prior to November 1August 15, 2009; provided, however2000. Thereafter, the Company may acquire shall have the option to redeem the Notes by means other than a redemptionat any time, whether pursuant to a tender offerin whole or in part, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part of the Notes upon not less than 30 nor more than 60 days' notice, prior written notice at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional InterestLiquidated Damages, if any, on the Notes thereon to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 August 15 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.6882000.......................... 104.938% 2010............................................................ 102.4582001.......................... 103.292% 2011............................................................ 101.2292002.......................... 101.646% 2012 2003 and thereafter............................................. 100.000........... 100.00%
(db) At any time Notwithstanding the provisions of clause (a) of this Section 3.07, on or prior to November 1August 22, 20091999, the Company may also redeem all or a part up to 25% in aggregate principal amount of the Notes originally issued under this Indenture at a redemption price equal to 100of 108-7/8% of the principal amount of Notes to be redeemedthereof, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional InterestLiquidated Damages, if any, to, but not including, thereon to the redemption date, subject to with the rights net proceeds of Holders on an Initial Public Offering; provided that at least $75.0 million in aggregate principal amount of the relevant record date to receive interest due on Notes remain outstanding following such redemption; and provided further, that such redemption shall have occurred within 60 days of the relevant interest payment dateclosing of any such Initial Public Offering.
(ec) Any redemption pursuant to this Section 3.07 shall be made made, to the extent applicable, pursuant to the provisions of Sections 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Sources: Indenture (Printpack Inc)
Optional Redemption. (a) At any time prior to November 1The Securities will be redeemable, 2007, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes will not be redeemable at the Company's option option, in whole or in part, at any time on or after February 1, 2003, and prior to November 1, 2009; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) maturity. On or and after November 1, 2009that date, the Company may redeem all the Securities in whole at any time or a in part of the Notes upon not less than 30 nor more than 60 days' notice, from time to time at the following redemption prices (expressed as in percentages of principal amount) set forth below ), plus accrued and unpaid interest and Additional InterestAmounts, if any, on to the Notes to be redeemed to, but not including, redemption date (and in the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 case of the years indicated belowDefinitive Securities, subject to the rights right of Holders of record on the relevant record date to receive interest due on the relevant related interest payment datedate and Additional Amounts, if any, in respect thereof), if redeemed during the 12-month period commencing February 1 of the years set forth below: Year Percentage ---- ---------- 2009............................................................ 103.688Exh. T3C-B-5 YEAR REDEMPTION PRICE ------------------------------------------------ ---------------- 2003 ........................................... 105.000% 2010............................................................ 102.4582004 ........................................... 103.333% 2011............................................................ 101.2292005 ........................................... 101.667% 2012 2006 and thereafter............................................. thereafter ............................ 100.000%
(d) At % In addition, at any time and from time to time prior to November February 1, 20092001, the Company may also redeem all or a part in the aggregate up to 33 1/3% of the Notes original aggregate principal amount of the Securities with the proceeds of one or more Equity Offerings by the Company, at a redemption price equal to 100% (expressed as a percentage of the principal amount thereof of Notes to be redeemed, 110% plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional InterestAmounts, if any, to, but not including, to the redemption datedate (and in the case of Definitive Securities, subject to the rights right of Holders of record on the relevant record date to receive interest due on the relevant interest payment date.
(e) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof. Unless the Company defaults date and Additional Amounts, if any, in the payment respect thereof); provided, however, that at least 66 2/3% of the original aggregate principal amount of the Securities must remain outstanding after each such redemption; and provided, further, that such redemption price, interest will cease to accrue on shall occur within 90 days of the Notes or portions thereof called for redemption on date of the applicable redemption dateclosing of any such Equity Offering.
Appears in 1 contract
Sources: Indenture (Texon International PLC)
Optional Redemption. (a) At any time prior Except as set forth below, on and after __________ __, 2002, and subject to November 1, 2007the next succeeding sentence, the Company may shall have the right, at any time and from time to time, to redeem the Debentures, in whole or in part, upon notice given as set forth in Section 11.3 during the twelve month periods beginning on any one or more occasions redeem up to 35% _________ __ in each of the aggregate principal amount of Notes issued under this Indenture following years at the indicated Redemption Price (including additional notes issued after Issue Date) at expressed as a redemption price of 107.375% percentage of the principal amount thereofof the Debentures being redeemed), plus together with any accrued but unpaid interest on the portion being redeemed: Redemption Price Year ((%) of principal amount) 2002 2003 2004 2005 2006 2007 2008 2009 and thereafter 100% The Company may not redeem the Debentures in part unless all accrued and unpaid interest and Additional Interest, if any, to, but not including, has been paid in full on all outstanding Debentures for all quarterly interest periods terminating on or prior to the redemption date, with the net cash proceeds giving of one or more Equity Offerings; provided that:
(1) at least 65% notice of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company Redemption Date. If a Tax Event shall occur and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes will not be redeemable at the Company's option prior to November 1, 2009; provided, howevercontinuing, the Company may acquire shall have the Notes by means other than a redemptionright, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part of the Notes upon not less than 30 nor more than 60 days' notice, to redeem the Debentures in whole or in part, for cash upon the later of (i) 90 days following the occurrence of such Tax Event or (ii) __________ __, ____, at a Redemption Price equal to the redemption prices (expressed as percentages principal amount of principal amount) set forth below such Debentures plus any accrued and unpaid interest and interest, including Additional Interest, if any, on the Notes to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 of the years indicated below, subject to the rights of Holders on date fixed for such redemption. The Company also may redeem the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.688% 2010............................................................ 102.458% 2011............................................................ 101.229% 2012 and thereafter............................................. 100.000%
Debentures (d) At a "Provisional Redemption"), in whole or in part, upon notice given as set forth in Section 11.3 at any time on or after ___________, 2001 and prior to November 1____________, 20092002, the Company may also redeem all or a part of the Notes at a redemption price Redemption Price equal to 100_____% of the principal amount of Notes to be the Debentures being redeemed, plus the Applicable Premium (as calculated by the Company) as of, and any accrued and unpaid interest and Additional Interestinterest, if any, to, but the Current Market Price of the Common Stock shall have exceeded 150% of the Conversion Price then in effect for at least 20 Trading Days within any period of 30 consecutive Trading Days ending not including, the redemption date, subject more than five Trading Days prior to the rights date of Holders on the relevant record date to receive interest due on the relevant interest payment date.
(e) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof. Unless the Company defaults in the payment mailing of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption datenotice given as set forth in Section 11.3.
Appears in 1 contract
Sources: Junior Convertible Subordinated Indenture (Dayton Superior Capital Trust)
Optional Redemption. (a) At any time prior to November May 1, 20072005, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375108.375% of the principal amount thereof, plus accrued and unpaid interest and Additional InterestLiquidated Damages, if any, to, but not including, to the redemption date, with the net cash proceeds of one or more public offerings of its common equity (a "Public Equity OfferingsOffering"); provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture remains outstanding immediately after the occurrence of such redemption (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption); and
(2) the redemption occurs must occur within 180 90 days of the date of the closing of such Public Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth belowthe preceding paragraph, the Notes will are not be redeemable at the Company's option prior to November May 1, 2009; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture2007.
(c) On or after November After May 1, 2009, 2007 the Company may redeem all or a part of the Notes upon not less than 30 nor more than 60 days' days notice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional InterestLiquidated Damages, if any, on the Notes thereon, to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November May 1 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.6882007 ..................................................................... 104.1% 2010............................................................ 102.4582008 ..................................................................... 102.7% 2011............................................................ 101.2292009 ..................................................................... 101.3% 2012 2010 and thereafter............................................. 100.000....................................................... 100.0%
(d) At any time prior to November 1, 2009, the Company may also redeem all or a part of the Notes at a redemption price equal to 100% of the principal amount of Notes to be redeemed, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, subject to the rights of Holders on the relevant record date to receive interest due on the relevant interest payment date.
(e) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections Section 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Sources: Indenture (Prime Hospitality Corp)
Optional Redemption. (a) At any time prior to November 1, 2007, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; Except as provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
in clause (b) Except pursuant to of this Section 3.07(a) or as otherwise set forth below3.07, the Notes will not be redeemable at the Company's option prior to November 1May 15 , 2009; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) 2004. On or after November 1May 15, 20092004, the Company may redeem all or a part of the Notes upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amountamount at maturity) set forth below plus accrued and unpaid interest and Additional Interestinterest, if any, on the Notes redeemed to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 of the years indicated below, date (subject to the rights right of Holders on the relevant of record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.688% 2010............................................................ 102.458% 2011............................................................ 101.229% 2012 and thereafter............................................. 100.000%
(d) At any time prior to November 1, 2009, the Company may also redeem all or a part of the Notes at a redemption price equal to 100% of the principal amount of Notes to be redeemed, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, subject to the rights of Holders on the relevant record date to receive interest due on the relevant interest payment date), if redeemed during the twelve-month period beginning on May 15 of the years indicated below: Year Percentage ---- ---------------- 2004........................................................................... 105.187% 2005........................................................................... 103.458% 2006........................................................................... 101.729% 2007 and thereafter............................................................ 100.000%
(b) Notwithstanding the provisions of clause (a) of this Section 3.07, at any time during the first 36 months after the date of the original issuance of the Notes, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount at maturity of the Notes originally issued at a redemption price equal to 110.375% of the Accreted Value of the Notes to be redeemed on the redemption date with the net cash proceeds of one or more Public Equity Offerings and/or Strategic Equity Investments provided that:
(1) at least 65% of the aggregate principal amount at maturity of the Notes originally issued remains outstanding immediately after the occurrence of such redemption (excluding Notes held by the Company or any of its Subsidiaries); and
(2) the redemption occurs within 60 days of the date of the closing of such Public Equity Offering or Strategic Equity Investment.
(ec) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections Section 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Optional Redemption. (a) At any time prior to November 1, 2007, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
Except as set forth in subparagraph (b) Except pursuant to of this Section 3.07(a) or as otherwise set forth below5, the Notes will shall not be redeemable at the Company's option prior to November 1June 15, 2009; provided, however2002. On and after such date, the Company may acquire Notes shall be subject to redemption at any time at the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part option of the Notes Company, in whole or in part, upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional InterestLiquidated Damages, if any, on the Notes thereon to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 June 15 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.6882002 ..................................... 105.25% 2010............................................................ 102.4582003 ..................................... 103.50% 2011............................................................ 101.2292004 ..................................... 101.75% 2012 2005 and thereafter............................................. 100.000thereafter ...................... 100.00%
(db) At Notwithstanding the provisions of subparagraph (a) of this Section 5, at any time on or prior to November 1June 15, 20092000, the Company may also redeem all (but shall not have the obligation to) redeem, on one or a part more occasions, up to an aggregate of the $35.0 million in principal amount of Notes at a redemption price equal to 100110.5% of the principal amount of Notes to be redeemedthereof, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional InterestLiquidated Damages, if any, to, but not including, thereon to the redemption date, subject with the net cash proceeds of one or more Public Equity Offerings by Holdings or the Company (to the rights extent that the net proceeds therefrom are contributed by Holdings to the Company as common equity); provided that at least $65.0 million in aggregate principal amount of Holders on Notes remains outstanding immediately after the relevant record date occurrence of such redemption; and provided further, that the notice of redemption with respect to receive interest due on the relevant interest payment date.
(e) Any any such redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof. Unless the Company defaults in the payment mailed within 60 days of the redemption price, interest will cease to accrue on date of the Notes or portions thereof called for redemption on receipt by the applicable redemption dateissuer of the proceeds of such Public Equity Offering.
Appears in 1 contract
Sources: Indenture (Panther Transport Inc)
Optional Redemption. (a) At any time prior to November 1, 2007Except as set forth in Section 3.07(b), the Company may on any one or more occasions shall not have the option to redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to this Section 3.07(a) or as otherwise set forth below3.07 prior to February 1, 2003. Thereafter, the Notes will not be redeemable subject to redemption at any time at the Company's option prior to November 1, 2009; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part of the Notes Company, in whole or in part, upon not less than 30 nor more than 60 days' written notice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional InterestLiquidated Damages thereon, if any, on the Notes to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November February 1 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.6882003.................................................... 105.00% 2010............................................................ 102.4582004.................................................... 102.50% 2011............................................................ 101.229% 2012 2005 and thereafter............................................. ..................................... 100.000%
(db) At Notwithstanding the provisions of Section 3.07(a), at any time prior to November on or before February 1, 20092002, the Company may also redeem all or a part up to 35% of the aggregate principal amount of Notes originally issued under this Indenture at a redemption price equal to 100110.00% of the aggregate principal amount of Notes to be redeemed, thereof plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional InterestLiquidated Damages thereon, if any, to, but not including, any to the redemption date, subject with the net cash proceeds from the sale of common stock of the Company for aggregate proceeds of at least $35.0 million to a Person (or Persons) that is not an Affiliate of the rights Company; provided that at least 65% in aggregate principal amount of Holders on the relevant record Notes originally issued remain outstanding immediately after the occurrence of such redemption; and provided, further, that such redemption shall occur within 45 days of the date to receive interest due on of the relevant interest payment dateclosing of such sale of common stock.
(ec) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections Section 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Sources: Indenture (Luiginos Inc)
Optional Redemption. (a) At any time prior to November 1, 2007, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
Except as set forth in clauses (b) Except pursuant to Section 3.07(aand (c) or as otherwise set forth below, the Notes will not be redeemable at the Company's option of the Issuer prior to November 1February 15, 2009; provided, however2007. Starting on that date, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company Issuer may redeem all or a part any portion of the Notes, at once or over time, after giving the required notice under the Indenture. The Notes upon not less than 30 nor more than 60 days' notice, may be redeemed at the redemption prices (expressed as percentages of principal amount) set forth below below, plus accrued and unpaid interest and Additional Special Interest, if any, on to the Notes to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 of the years indicated below, date (subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.688% 2010............................................................ 102.458% 2011............................................................ 101.229% 2012 and thereafter............................................. 100.000%
(d) At any time prior to November 1, 2009, the Company may also redeem all or a part of the Notes at a redemption price equal to 100% of the principal amount of Notes to be redeemed, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, subject to the rights right of Holders on the relevant record date to receive interest due on the relevant Interest Payment Date). The following prices are for Notes redeemed during the 12- month period commencing on February 15 of the years set forth below, and are expressed as percentages of principal amount: Year Percentage ---- ---------- 2007................................................................................................ 104.063% 2008................................................................................................ 102.708% 2009................................................................................................ 101.354% 2010 and thereafter................................................................................. 100.000%
(b) At any time prior to February 15, 2007, the Issuer may redeem all or any portion of the Notes, at once or over time, after giving the required notice under the Indenture, at a redemption price equal to the greater of:
(i) 100% of the principal amount of the Notes to be redeemed, and
(ii) the sum of the present values of (A) the redemption price of the Notes at February 15 , 2007 (as set forth in the preceding paragraph) and (B) the remaining scheduled payments of interest payment from the redemption date through February 15, 2007, but excluding accrued and unpaid interest through the redemption date, discounted to the redemption date at the Treasury Rate plus 50 basis points, plus, in either case, accrued and unpaid interest and Special Interest, if any, to the redemption date (subject to the right of Holders on the relevant record date to receive interest due on the relevant Interest Payment Date). Any notice to Holders of a redemption pursuant to clause (b) shall include the appropriate calculation of the redemption price, but need not include the redemption price itself. The actual redemption price, calculated as described above, shall be set forth in an Officers' Certificate delivered to the Trustee no later than two Business Days prior to the redemption date.
(ec) At any time and from time to time, prior to February 15, 2005, the Issuer may redeem up to a maximum of 33-1/3% of the aggregate principal amount of the Notes with the proceeds of one or more Public Equity Offerings, at a redemption price equal to 108.125% of the principal amount thereof, plus accrued and unpaid interest and Special Interest, if any, to the redemption date (subject to the right of Holders on the relevant record date to receive interest due on the relevant Interest Payment Date); provided, however, that after giving effect to any such redemption, at least 66-2/3% of the original aggregate principal amount of the Notes issued on the Issue Date remains outstanding. Any such redemption shall be made within 75 days of such Public Equity Offering upon not less than 30 nor more than 60 days' prior notice.
(d) Any redemption prepayment pursuant to this Section 3.07 paragraph shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption dateIndenture.
Appears in 1 contract
Sources: Indenture (Coventry Health Care Inc)
Optional Redemption. (a) At any time prior to November August 1, 20072006, the Company may may, on any one or more occasions occasions, redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375108.25% of the principal amount thereof, plus accrued and unpaid interest and Additional Special Interest, if any, to, but not including, to the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes originally issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 90 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth belowthe preceding paragraph, the Notes will are not be redeemable at the Company's option prior to November August 1, 2009; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture2008.
(c) On or after November August 1, 2009, 2008 the Company may may, on any one or more occasions, redeem all or a part of the Notes upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amount) set forth below below, plus accrued and unpaid interest and Additional Special Interest, if any, on the Notes thereon, to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November August 1 of the years indicated below, subject to the rights of Holders of such Notes on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2008................................... 104.125% 2009............................................................ 103.688................................... 102.750% 2010............................................................ 102.458................................... 101.375% 2011............................................................ 101.229% 2012 2011 and thereafter............................................. .................... 100.000%
(d) At any time prior to November 1, 2009, the Company may also redeem all or a part of the Notes at a redemption price equal to 100% of the principal amount of Notes to be redeemed, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, subject to the rights of Holders on the relevant record date to receive interest due on the relevant interest payment date.
(e) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Optional Redemption. (a) At any time prior to November 1, 2007Except as set forth below in this Paragraph 5, the Company may on any will not have the option to redeem the Fixed Rate Notes prior to May 15, 2011. On or after May 15, 2011, the Company may, in one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereofinstances, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes will not be redeemable at the Company's option prior to November 1, 2009; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part of the Fixed Rate Notes upon not less than 30 nor more than 60 days' noticenotice (except that redemption notices may be mailed more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of the Indenture), at the redemption prices (expressed as percentages of principal amountamount of the Fixed Rate Notes to be redeemed) set forth below plus accrued and unpaid interest and Additional Interest, if any, on the Fixed Rate Notes redeemed, to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 May 15 of the years indicated below, subject to the rights of Holders of Fixed Rate Notes on the relevant record date to receive interest on the relevant interest payment dateInterest Payment Date: Year Percentage ---- ----------------------- ---------- 2009............................................................ 103.688% 2010............................................................ 102.458% 2011............................................................ 101.2292011 ................................................. 104.750% 2012 ................................................. 102.375% 2013 and thereafter............................................. thereafter .................................. 100.000%% A4-7
(db) At any time prior to November 1May 15, 20092010, the Company may may, on any one or more occasions, redeem up to 35% of the aggregate principal amount of Fixed Rate Notes issued under the Indenture (including the principal amount of any Additional Fixed Rate Notes issued under the Indenture and without duplication with respect to Exchange Fixed Rate Notes issued under the Indenture) at a redemption price equal to 109.500% of the principal amount of the Fixed Rate Notes redeemed, plus accrued and unpaid interest and Additional Interest, if any, to the redemption date, with the net cash proceeds of one or more Equity Offerings of the Company; provided that at least 50% of the aggregate principal amount of Fixed Rate Notes issued under the Indenture (excluding Fixed Rate Notes held by the Company and its Subsidiaries, but including any Additional Fixed Rate Notes and without duplication with respect to Exchange Fixed Rate Notes issued under the Indenture) remains outstanding immediately after the occurrence of such redemption; and that such redemption occurs within 90 days after the date of the closing of any such Equity Offering.
(c) At any time prior to May 15, 2011, the Company may, in one or more instances, also redeem all or a part of the Notes Fixed Rate Notes, upon not less than 30 nor more than 60 days' prior notice mailed by first-class mail to each Holder's registered address, at a redemption price equal to 100% of the principal amount of Fixed Rate Notes to be redeemed, redeemed plus the Applicable Premium (as calculated by of the Company) as ofdate of redemption, and accrued and unpaid interest and Additional Interest, if any, to, but not including, to such redemption date (the redemption date"Make-Whole Redemption Date"), subject to the rights of Holders of the Fixed Rate Notes on the relevant record date to receive interest due on the relevant interest payment dateInterest Payment Date.
(e) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Optional Redemption. (a) At any time prior to November 1, 2007, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(bi) Except pursuant to Section 3.07(a) or as otherwise set forth provided below, the Notes will shall not be redeemable at the Company's option prior to November 1October 15, 2009; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 20092004. Thereafter, the Company may redeem all or a part of the Notes upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional InterestLiquidated Damages, if any, on the Notes thereon to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 October 15 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.6882004............................................................. 106.500% 2010............................................................ 102.4582005............................................................. 104.875% 2011............................................................ 101.2292006............................................................. 103.250% 2012 2007............................................................. 101.625% 2008 and thereafter............................................. .............................................. 100.000%
(dii) At Notwithstanding the foregoing, at any time prior to November 1October 15, 20092002, the Company may also on any one or more occasions redeem all or a part up to 35% of the aggregate principal amount of Notes issued under this Indenture at a redemption price equal to 100of 113.000% of the principal 51 60 amount of Notes to be redeemedthereof, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional InterestLiquidated Damages thereon, if any, to, but not including, to the redemption date, subject to with the rights net cash proceeds of Holders on one or more Equity Offerings; provided that: (A) at least 65% of the relevant record aggregate principal amount of Notes issued under this Indenture remains outstanding immediately after the occurrence of such redemption (excluding Notes held by the Company and its Subsidiaries); and (B) the redemption must occur within 90 days of the date to receive interest due on of the relevant interest payment dateclosing of such Equity Offering.
(eiii) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections Section 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Optional Redemption. (a) At any time prior to November 1January 15, 20072022, the Company Issuers may on any one redeem all or more occasions redeem up to 35% part of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price equal to the sum of 107.375(i) 100% of the principal amount thereof, plus (ii) the Applicable Premium as of the date of redemption, plus (iii) accrued and unpaid interest and Additional Interestinterest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of to the date of redemption, subject to the closing rights of such Equity OfferingHolders of Notes on the relevant record date to receive interest due on the relevant interest payment date.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes will not be redeemable at the Company's option prior to November 1, 2009; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1January 15, 20092022, the Company Issuers may redeem all or a part of the Notes upon not less than 30 nor more than 60 days' noticeNotes, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional Interestinterest, if any, on the Notes thereon, to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.688% 2010............................................................ 102.458% 2011............................................................ 101.229% 2012 and thereafter............................................. 100.000%
(d) At any time prior to November 1, 2009, the Company may also redeem all or a part of the Notes at a redemption price equal to 100% of the principal amount of Notes to be redeemed, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, subject to the rights of Holders of Notes on the relevant record date to receive interest due on the relevant interest payment date, if redeemed during the 12-month period beginning on January 15, of the years indicated below: 2020................................................................................................................................................... 102.875% 2021................................................................................................................................................... 101.917% 2022................................................................................................................................................... 100.958% 2023 and thereafter......................................................................................................................... 100.000%
(c) At any time prior to January 15, 2020, the Issuers may redeem up to 40% of the aggregate principal amount of Notes issued under the Indenture (including any Additional Notes) at a redemption price of 105.750% of the principal amount thereof, plus accrued and unpaid interest, if any, thereon to the redemption date, subject to the rights of Holders of Notes on the relevant record date to receive interest due on the relevant interest payment date, with the net cash proceeds of one or more Equity Offerings; provided that (i) at least 60% of the aggregate principal amount of Notes issued under the Indenture (including any Additional Notes) remains outstanding immediately after the occurrence of such redemption (excluding Notes held by the Issuers or their Affiliates) and (ii) the redemption must occur within 90 days of the date of the closing of such Equity Offering.
(d) If less than all of the Notes are to be redeemed, the Trustee shall select the Notes to be redeemed, on a pro rata basis, by lot or by any other method the Trustee shall deem fair and appropriate; provided, however that so long as the Notes are held through DTC, the Notes selected for redemption shall be selected in accordance with the applicable procedures of DTC. Notes redeemed in part must be redeemed only in integral multiples of $1,000 and no Note with a principal amount of less than $2,000 will be redeemed in part.
(e) Any redemption pursuant In addition to this Section 3.07 shall the Issuers’ rights to redeem the Notes as set forth above, the Issuers may purchase Notes in open-market transactions, tender offers or otherwise.
(f) Calculation of the Applicable Premium and the Treasury Rate will be made pursuant to by the provisions of Sections 3.01 through 3.06 hereof. Unless the Company defaults in the payment Issuers or on behalf of the redemption priceIssuers by such Person as the Issuers shall designate; provided, interest will cease to accrue on however, that such calculation shall not be a duty or obligation of the Notes or portions thereof called for redemption on the applicable redemption dateTrustee.
Appears in 1 contract
Sources: Indenture (Zayo Group LLC)
Optional Redemption. (a) At any time prior to November 1, 2007, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
Except as set forth in clause (b) Except pursuant to Section 3.07(a) or as otherwise set forth belowof this paragraph 5, the Notes will shall not be redeemable at the Company's option prior to November August 1, 2009; provided, however2003. Thereafter, the Company may acquire Notes shall be subject to redemption at any time at the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part option of the Notes Company, in whole or in part, upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional InterestLiquidated Damages thereon, if any, on the Notes to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November August 1 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.688YEAR PERCENTAGE 2003.................................... 104.000% 2010............................................................ 102.4582004.................................... 102.667% 2011............................................................ 101.2292005.................................... 101.333% 2012 2006 and thereafter............................................. ..................... 100.000%
(db) At any time prior to November 1Notwithstanding the foregoing, 2009during the first 36 months after the date of the Indenture, the Company may also on any one or more occasions redeem all or a part up to an aggregate of 35% of the Notes originally issued at a redemption price equal to 100of 108% of the principal amount of Notes to be redeemedthereof, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional InterestLiquidated Damages thereon, if any, to, but not including, to the redemption date, subject with the net cash proceeds of one or more Equity Offerings by the Company or the net cash proceeds of one or more Equity Offerings by Holdings that are contributed to the rights of Holders on the relevant record date to receive interest due on the relevant interest payment date.
(e) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof. Unless the Company defaults in the payment as common equity capital; provided that at least 65% of the Notes originally issued remain outstanding immediately after the occurrence of each such redemption; and provided, further, that any such redemption price, interest will cease to accrue on must occur within 120 days of the Notes or portions thereof called for redemption on date of the applicable redemption dateclosing of such Equity Offering.
Appears in 1 contract
Optional Redemption. (a) At any time prior to November 1, 2007Except as set forth in clause (b) of this Paragraph 5, the Company may on any one or more occasions shall not have the option to redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes will not be redeemable at the Company's option prior to November July 1, 2009; provided, however2003. Thereafter, the Company may acquire shall have the Notes by means other than a redemptionoption to redeem the Notes, whether pursuant to a tender offerin whole or in part, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part of the Notes upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional InterestLiquidated Damages thereon, if any, on the Notes to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November July 1 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage YEAR PERCENTAGE ---- ---------- 2009............................................................ 103.6882003...................................................................105.250% 2010............................................................ 102.4582004...................................................................102.625% 2011............................................................ 101.229% 2012 2005 and thereafter............................................. 100.000....................................................100.0000%
(db) At Notwithstanding the provisions of subparagraph (a) of this Paragraph 5, at any time prior to November July 1, 20092001, the Company may also on one or more occasions redeem all or a part up to 35% of the original aggregate principal amount of Notes at a redemption price equal to 100of 110.5% of the principal amount of Notes to be redeemedthereof, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional InterestLiquidated Damages thereon, if any, to, but not including, to the redemption date, subject to with the rights net cash proceeds of Holders on one or more Public Equity Offerings; provided that at least 65% of the relevant record original aggregate principal amount of Notes remains outstanding immediately after the occurrence of such redemption (excluding Notes held by the Company and its Subsidiaries); and provided, further, that such redemption shall occur within 90 days of the date to receive interest due on of the relevant interest payment dateclosing of such Public Equity Offering.
(ec) Any redemption pursuant to this Section 3.07 subparagraph 5 shall be made pursuant to the provisions of Sections Section 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption dateIndenture.
Appears in 1 contract
Sources: Indenture (Aki Holding Corp)
Optional Redemption. (a) At any time prior to November 1, 2007Except as set forth in subsection (b) of this Section 3.7, the Company may on any one or more occasions shall not have the option to redeem up the Notes pursuant to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereofSection 3.7 prior to June 13, plus accrued and unpaid interest and Additional Interest2001, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of being the date of following the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes will not be redeemable at the Company's option prior to November 1, 2009; provided, howeverFive Year Date. Thereafter, the Company may acquire shall have the Notes by means other than a redemptionoption to redeem the Notes, whether pursuant to a tender offer, open market purchase in whole or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a in part of the Notes upon not less than 30 calendar days' nor more than 60 calendar days' notice, at the redemption prices Redemption Prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest interest, if any, Additional Amounts, if any, and Additional Special Interest, if any, on the Notes to be redeemed to, but not including, the applicable redemption dateRedemption Date, if redeemed during the twelve-period from June 13, 2001 through May 31, 2002 at a percentage of 108.000% and thereafter during the twelve month period beginning on November June 1 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage YEAR PERCENTAGE ---- ---------- 2009............................................................ 103.6882002 ................................................. 104.000% 2010............................................................ 102.458% 2011............................................................ 101.229% 2012 2003 and thereafter............................................. thereafter .................................. 100.000%
(db) At any time prior to November 1, 2009, the Company The Notes may also redeem all or a part of the Notes at a redemption price equal to 100% of the principal amount of Notes to be redeemed, plus at the Applicable Premium (as calculated by option of the Company) as of, and in whole but not in part, upon not less than 30 or more than 60 days' notice to the Holders in accordance with Section 13.2 hereof, at a Redemption Price equal to the Accreted Value thereof, plus accrued and unpaid interest interest, if any (including Additional Amounts, if any, and Additional Special Interest, if any), to, but not including, to the redemption date, Redemption Date fixed therefor (subject to the rights right of Holders of record on the relevant record date Record Date to receive interest (including Additional Amounts, if any, and Special Interest, if any), due on the relevant interest payment date.
(e) Any redemption pursuant to this Section 3.07 shall be made pursuant Interest Payment Date that is on or prior to the provisions Redemption Date) and any other amounts due if, as a result of Sections 3.01 through 3.06 hereof. Unless any change in or amendment to the laws or the regulations or rulings promulgated thereunder of Canada, Cyprus, the Russian Federation or any other jurisdiction with which the Company defaults or any Guarantor has any connection (other than a connection arising as a result of a continuance or a merger or consolidation of the Company with or into a newly formed corporation solely for the purpose of moving the Company's domicile out of Canada) or any political subdivision thereof or any authority thereof or having power to tax therein, or any change in the payment application or official interpretation of such laws or regulations, or any change in administrative policy or assessing practice of the redemption priceapplicable taxing authority, interest will cease to accrue which change or amendment becomes effective on or after May 24, 1996, the Notes Company or portions thereof called for redemption on the applicable redemption date.Guarantors
Appears in 1 contract
Sources: Indenture (PLD Telekom Inc)
Optional Redemption. (a) At any time prior to November 1, 2007, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; Except as provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes Debentures will not be redeemable at the Company's Issuers' option prior to November August 1, 2009; provided, however2003. Thereafter, the Company may acquire Debentures will be subject to redemption at any time at the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part option of the Notes Issuers, in whole or in part, upon not less than 30 nor more than 60 days' notice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional Interest, if any, on the Notes thereon to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November August 1 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage PERCENTAGE OF YEAR PRINCIPAL AMOUNT ---- ---------- 2009............................................................ 103.688---------------- 2003 ....................................... 106.688% 2010............................................................ 102.4582004 ....................................... 104.458% 2011............................................................ 101.2292005 ....................................... 102.229% 2012 2006 and thereafter............................................. thereafter ........................ 100.000%
(db) At Notwithstanding the foregoing, at any time prior to November 1[__], 20092006, the Company Issuers may also on any one or more occasions redeem all or a part up to 35% of the Notes aggregate principal amount at maturity of Debentures originally issued under the Indenture at a redemption price equal to 100of 112.375% of the principal amount of Notes to be redeemed, plus the Applicable Premium Accreted Value thereof (as calculated by determined on the Company) as ofredemption date), and accrued and unpaid interest and Additional Interest, if any, to, but not including, to the redemption date, subject to with the rights net cash proceeds of Holders on any Equity Offerings; provided that at least 65% of the relevant record aggregate principal amount at maturity of Debentures originally issued remain outstanding immediately after the occurrence of such redemption (excluding Debentures held by Holdings and its Subsidiaries); and provided further that such redemption shall occur within 120 days of the date to receive interest due on of the relevant interest payment dateclosing of any such Equity Offering.
(ec) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections Section 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Optional Redemption. (a) At any time prior to November 1, 2007Except as set forth in clauses (b) and (c) of this paragraph 5, the Company may on any one or more occasions shall not have the option to redeem up to 35% of the aggregate principal amount of Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 180 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes will not be redeemable at the Company's option this paragraph 5 prior to November 1March 15, 2009; provided, however2010. Thereafter, the Company may acquire shall have the Notes by means other than a redemptionoption to redeem the Notes, whether pursuant to a tender offer, open market purchase in whole or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part of the Notes upon not less than 30 nor more than 60 days' noticein part, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional InterestInterest thereon, if any, on the Notes to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 March 15 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.6882010 .................. 103.313% 2010............................................................ 102.458% 2011............................................................ 101.2292011 .................. 102.208% 2012 .................. 101.104% 2013 and thereafter............................................. thereafter ... 100.000%
(db) At Notwithstanding the provisions of clause (a) of this paragraph 5, at any time on or prior to November 1March 15, 20092008, the Company may also on one or more occasions redeem all or a part up to an aggregate of 35% of the aggregate principal amount of Notes issued under the Indenture at a redemption price equal to 106.625% of the principal amount thereof plus accrued and unpaid interest and Additional Interest thereon, if any, to the redemption date with the net cash proceeds of one or more Equity Offerings of the Company to the extent the net cash proceeds thereof are contributed to the Company as a capital contribution to the common equity of the Company; provided that at least 65% of the aggregate principal amount of the Notes issued under the Indenture remains outstanding immediately after the occurrence of such redemption and that such redemption occurs within 90 days of the date of the closing of such Equity Offering.
(c) Notwithstanding the provisions of clauses (a) and (b) of this paragraph 5, prior to March 15, 2010, the Notes will be redeemable, in whole, at any time, or in part, from time to time, at the option of the Company upon not less than 30 nor more than 60 days' notice at a redemption price equal to the sum of: (1) 100% of the principal amount of Notes to be redeemedthereof, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional Interest, if any, to, but not including, thereon to the redemption date, subject to if any; plus (2) the rights of Holders on the relevant record date to receive interest due on the relevant interest payment dateMake-Whole Amount.
(e) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Sources: Indenture (Wci Communities Inc)
Optional Redemption. (a) At any time prior to November 1July 15, 20072022, the Company Issuer may on any one or more occasions redeem up to 35% of the aggregate principal amount of the Notes issued under this Indenture (including additional notes issued after Issue Date) at a redemption price of 107.375equal to 105.750% of the principal amount thereofof the Notes to be redeemed, plus accrued and unpaid interest and Additional Interest, (if any, ) thereon to, but not includingexcluding, the redemption date, date with an amount equal to the net cash proceeds of received by the Issuer from one or more Equity Offerings; provided that:
provided, however, that (1i) at least 65% of the aggregate principal amount of the Notes initially issued under this Indenture (excluding Notes held by the Company and its Subsidiaries) remains remain outstanding immediately after the occurrence of fol- lowing such redemption; and
and (2ii) the any such redemption occurs shall be made within 180 90 days of the date of the closing of any such Equity Offering.
(b) Except pursuant to Section 3.07(a) On and after July 15, 2022 the Issuer may on one or as otherwise set forth belowmore occasions redeem the Notes, the Notes will not be redeemable in whole or in part, upon notice at the Company's option prior to November 1, 2009; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or after November 1, 2009, the Company may redeem all or a part of the Notes upon not less than 30 nor more than 60 days' notice, at the applicable redemption prices price (expressed as percentages of principal amountamount of the Notes to be redeemed) set forth below below, plus accrued and unpaid interest and Additional Interestinterest, if any, on the Notes to be redeemed to, but not includingexcluding, the applicable redemption date, subject to the right of Holders of record on the relevant Record Date to receive interest due on the relevant Interest Payment Date, if redeemed during the twelve-month period beginning on November 1 July 15 of each of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year Percentage ---- ---------- 2009............................................................ 103.6882022................................................................................................................... 102.875% 2010............................................................ 102.4582023................................................................................................................... 101.438% 2011............................................................ 101.229% 2012 2024 and thereafter............................................. ............................................................................................ 100.000%
% (dc) At any time prior to November 1July 15, 20092022, the Company may also redeem all Notes shall be redeemable, in whole or a part in part, at the option of the Notes Issuer at any time and from time to time at a redemption price equal to the sum of:
(i) 100% of the principal amount of the Notes to be redeemed, plus plus
(ii) the Applicable Premium (as calculated by the Company) as oftogether with, and in each case, accrued and unpaid interest and Additional Interest, if any, on the principal amount of the Notes to be redeemed to, but not includingexcluding, the redemption date, subject to the rights date of Holders on the relevant record date to receive interest due on the relevant interest payment dateredemption.
(e) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Sources: Indenture
Optional Redemption. (a) At any time prior to November 1March 15, 2007, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount at maturity of Notes issued under this the Indenture (including additional notes issued after Issue Dateany Additional Notes) at a redemption price of 107.375109.750% of the principal amount thereofAccreted Value thereof on the redemption date, plus accrued and unpaid interest and Additional Interest, if any, to, but not including, to the redemption date, with the net cash proceeds of one or more Equity Offerings; Offerings by the Company, provided that:
: (1i) at least 65% of the aggregate principal amount at maturity of Notes issued under this the Indenture (excluding Notes held by the Company and its Subsidiariesincluding any Additional Notes) remains outstanding immediately after the occurrence of such redemptionredemption (excluding Notes held by the Company or any of its Subsidiaries); and
and (2ii) the redemption occurs within 180 90 days of the date of the closing of such Equity Offering.
(b) Except pursuant to Section 3.07(a) or as otherwise set forth below, the Notes will not be redeemable at the Company's option prior to November 1, 2009; provided, however, the Company may acquire the Notes by means other than a redemption, whether pursuant to a tender offer, open market purchase or otherwise, so long as such acquisition does not violate the terms of this Indenture.
(c) On or and after November 1March 15, 2009, the Company may redeem all or a part of the Notes upon not less than 30 nor more than 60 days' noticenotice except that a redemption notice may be mailed more than 60 days prior to a redemption if the notice is issued in connection with a defeasance of the notes or a satisfaction and discharge of the indenture, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Additional Interest, if any, on the Notes redeemed, to be redeemed to, but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on November 1 of the years indicated below, subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date: Year YEAR Percentage ---- ---------- 2009............................................................ 103.688.............................................................. 104.875% 2010............................................................ 102.458.............................................................. 103.250% 2011............................................................ 101.229.............................................................. 101.625% 2012 and thereafter............................................. ............................................... 100.000%
(d) At any time prior to November 1, 2009, the Company may also redeem all or a part of the Notes at a redemption price equal to 100% of the principal amount of Notes to be redeemed, plus the Applicable Premium (as calculated by the Company) as of, and accrued and unpaid interest and Additional Interest, if any, to, but not including, the redemption date, subject to the rights of Holders on the relevant record date to receive interest due on the relevant interest payment date.
(e) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof. Unless the Company defaults in the payment of the redemption price, interest will cease to accrue on the Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Sources: Indenture (Cinemark Inc)