Optional Redemption. (a) At any time prior to December 15, 2005, MagnaChip may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) at a redemption price of 100% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%, plus accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, with the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; provided that: (1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and (2) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributions. (b) On or after December 15, 2005, MagnaChip may redeem all or a part of the Floating 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 the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Liquidated Damages, if any, on the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 of the years indicated below, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 % 2006 102 % 2007 101 % 2008 and thereafter 100 % At any time prior to December 15, 2005, MagnaChip may also redeem all or a part of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), 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 Floating Rate Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip defaults in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Sources: Indenture (MagnaChip Semiconductor LTD (United Kingdom))
Optional Redemption. (a) At any time prior to December May 15, 20052015, MagnaChip the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) Indenture, upon not less than 30 nor more than 60 days’ notice, at a redemption price of 100equal to 107.375% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%Notes redeemed, plus accrued and unpaid interest and Liquidated DamagesSpecial Interest, if any, to the date of redemption date(subject to the rights of Holders of Notes on the relevant record date to receive interest on the relevant Interest Payment Date), with in an amount not to exceed the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public from an Equity Offering of US LLC or any of its Subsidiariesby the Company; provided that:
(1i) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this the Indenture (excluding Floating Rate Notes held by MagnaChip the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2ii) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributionsOffering.
(b) On or after December At any time prior to May 15, 20052015, MagnaChip the Company may on any one or more occasions redeem all or a part of the Floating Rate Notes, upon not less than 30 nor more than 60 days’ notice, 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 and Special Interest, if any, to the applicable date of redemption, subject to the rights of Holders on the relevant record date to receive interest due on the relevant Interest Payment Date.
(c) Except pursuant to the preceding two paragraphs, the Notes will not be redeemable at the Company’s option prior notice mailed by first-class mail to each holder’s registered addressMay 15, 2015.
(d) On or after May 15, 2015, the Company 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 Liquidated DamagesSpecial Interest, if any, on the Floating Rate Notes redeemed, to the applicable redemption datedate of redemption, if redeemed during the twelve-month period beginning on December May 15 of the years indicated below, subject to the rights of holders Holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment dateInterest Payment Date: 2005 103 Year Percentage 2015 105.5313 % 2006 102 2016 103.6875 % 2007 101 2017 101.8438 % 2008 2018 and thereafter 100 100.0000 % At any time prior to December 15, 2005, MagnaChip may also redeem all or a part of Unless the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), 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 Floating Rate Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip Company defaults in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Sources: Indenture (Carmike Cinemas Inc)
Optional Redemption. (a) At any time prior to December June 15, 20052018, MagnaChip the Company may on any one or more occasions redeem up to 3540% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) Indenture, upon not less than 30 nor more than 60 days’ notice, at a redemption price of 100equal to 106.00% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%Notes redeemed, plus accrued and unpaid interest and Liquidated Damages, if any, to the date of redemption date(subject to the rights of Holders of Notes on the relevant record date to receive interest on the relevant Interest Payment Date), with in an amount not to exceed the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public from an Equity Offering of US LLC or any of its Subsidiariesby the Company; provided that:
(1i) at least 6560% of the aggregate principal amount of Floating Rate Notes originally issued under this the Indenture (excluding Floating Rate Notes held by MagnaChip the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2ii) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributionsOffering.
(b) On or after December At any time prior to June 15, 20052018, MagnaChip the Company may on any one or more occasions redeem all or a part of the Floating Rate Notes, upon not less than 30 nor more than 60 days’ prior notice mailed by first-class mail to each holder’s registered addressnotice, at a redemption price equal to 100% of the redemption prices (expressed principal amount of the Notes redeemed, plus the Applicable Premium as percentages of principal amount) set forth below plus of, and accrued and unpaid interest and Liquidated Damages, if any, on the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 date of the years indicated belowredemption, subject to the rights of holders Holders on the relevant record date to receive interest due on the relevant Interest Payment Date.
(c) At any time prior to the maturity of Floating Rate the Notes, if at least 90% of the principal amount of the Notes have previously been repurchased and cancelled in connection with a Change of Control Offer, the Company may redeem all of the remaining Notes, upon not less than 30 nor more than 60 days’ notice, at a redemption price equal to 101% of the principal amount of the Notes redeemed, plus accrued and unpaid interest to the applicable 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: 2005 103 % 2006 102 % 2007 101 % 2008 and thereafter 100 % At any time .
(d) Except pursuant to the preceding three paragraphs, the Notes will not be redeemable at the Company’s option prior to December June 15, 20052018.
(e) On or after June 15, MagnaChip 2018, the Company may also on any one or more occasions redeem all or a part of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date)Notes, upon not less than 30 nor more than 60 days’ prior notice mailed by first-class mail to each holder’s registered addressnotice, at a the redemption price equal to 100% prices (expressed as percentages of the principal amount of Floating Rate Notes redeemed amount) set forth below, plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damages, if anyon the Notes redeemed, to the redemption dateapplicable date of redemption, if redeemed during the twelve-month period beginning on June 15 of the years indicated below, subject to the rights of holders Holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Interest Payment Date: Year Percentage 2018 104.500 % 2019 103.000 % 2020 101.500 % 2021 and thereafter 100.000 % Unless MagnaChip the Company defaults in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Sources: Indenture (Carmike Cinemas Inc)
Optional Redemption. (a) At any time prior to December 15October 1, 20052009, MagnaChip may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) at a redemption price of 100% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%, plus accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, with the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; provided that:
(1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributions.
(b) On or after December 15, 2005, MagnaChip Issuer may redeem all or a part of the Floating Rate Notes, upon not less than 30 nor more than 60 days’ ' prior notice mailed by first-class mail to each holder’s 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 (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. The Issuer may acquire any Notes by means other than redemption, whether pursuant to an issuer tender offer, in open market transactions, or otherwise, assuming such acquisition does not otherwise violate the terms of this Indenture.
(b) Notwithstanding anything herein to the contrary, at any time on or prior to October 1, 2008, the Issuer may on any one or more occasions redeem the Notes with the net cash proceeds of one or more Equity Offerings, at 110% of the principal amount thereof, plus accrued and unpaid interest and Additional Interest, if any, thereon to the Redemption Date; provided that at least 65% of the principal amount of the Notes originally issued remains outstanding immediately following such redemption (excluding Notes held by the Issuer or any of its Subsidiaries); and provided, further, that such redemption shall occur within 90 days of the date of the closing of any such Equity Offering.
(c) The Notes will be redeemable, in whole or in part on any one or more occasions, at the option of the Issuer, on or after October 1, 2009, 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 Liquidated DamagesAdditional Interest, if any, on the Floating Rate Notes redeemed, thereon to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 October 1 of the years indicated below, subject : YEAR PERCENTAGE ---- ---------- 2009............................................................... 105.000% 2010............................................................... 102.500% 2011 and thereafter ............................................... 100.000%
(d) Any redemption pursuant to this Section 3.07 shall be made pursuant to the rights provisions of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 % 2006 102 % 2007 101 % 2008 and thereafter 100 % At any time prior to December 15, 2005, MagnaChip may also redeem all or a part of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), 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 Floating Rate Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip defaults in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption dateSections 3.01 through 3.06 hereof.
Appears in 1 contract
Optional Redemption. (a) Except as described below under clauses 5(b) and 5(c) hereof, the Notes will not be redeemable at the Company’s option before April 15, 2014.
(b) At any time prior to December April 15, 20052014, MagnaChip may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) at a redemption price of 100% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%, plus accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, with the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; provided that:
(1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributions.
(b) On or after December 15, 2005, MagnaChip Company may redeem all the Notes at its option, in whole at any time or a in part of the Floating Rate Notesfrom time to time, upon not less than 30 nor more than 60 days’ prior notice mailed by first-class mail to the registered address of each holder’s registered address, at the redemption prices (expressed as percentages Holder of principal amount) set forth below plus accrued and unpaid interest and Liquidated Damages, if any, on the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 of the years indicated below, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 % 2006 102 % 2007 101 % 2008 and thereafter 100 % At any time prior to December 15, 2005, MagnaChip may also redeem all or a part of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), upon not less than 30 nor more than 60 days’ prior notice mailed by first-class mail to each holder’s registered addressNotes, at a redemption price equal to 100% of the principal amount of Floating Rate the Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated DamagesAdditional Interest, if any, to to, but not including, the date of redemption date(the “Redemption Date”), subject to the rights of holders Holders of Floating Rate Notes on the relevant record date Record Date to receive interest due on the relevant Interest Payment Date.
(c) At any time prior to April 15, 2014 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 Capital Stock (other than Disqualified Stock) at a redemption price of 108.75% of their principal amount, plus accrued interest payment and Additional Interest, if any, to, but not including, the redemption date. Unless MagnaChip defaults ; provided that at least 65% of the aggregate principal amount of Notes originally issued (calculated after giving effect to any issuance of Additional Notes) remains outstanding after each such redemption and notice of any such redemption is mailed within 90 days of each such sale of Capital Stock.
(d) On and after April 15, 2014, the Company may redeem the Notes upon not less than 30 nor more than 60 days’ prior notice by first-class mail, postage prepaid, with a copy to the Trustee, to each Holder of Notes at the address of such Holder appearing in the payment security register, at the redemption prices (expressed as percentages of principal amount of the redemption priceNotes to be redeemed) set forth below, plus accrued and unpaid interest will cease thereon and Additional Interest, if any, to, but not including, the applicable Redemption Date, subject to accrue the right of Holders of Notes of record on the Floating Rate Notes or portions thereof called for redemption relevant Record Date to receive interest due on the applicable relevant Interest Payment Date, if redeemed during the twelve-month period beginning on April 15 of each of the years indicated below: 2014 106.563% 2015 104.375% 2016 102.188% 2017 and thereafter 100.000%
(e) Any redemption datepursuant to this paragraph 5 shall be made pursuant to the provisions of Sections through of the Indenture.
Appears in 1 contract
Sources: Indenture (Oppenheimer Holdings Inc)
Optional Redemption. (a) At The Notes will be redeemable at the Company’s option, at any time in whole or from time to time in part, in principal amounts of $2,000 or any integral multiple of $1,000 in excess thereof, upon not less than 15 nor more than 60 days’ notice on any date prior to December 15the Stated Maturity.
(i) Before the 2024 Notes Par Call Date, 2005the 2024 Notes may be redeemed, MagnaChip (ii) before the 2026 Notes Par Call Date, the 2026 Notes may on any one or more occasions redeem up to 35% of be redeemed, and (iii) before the aggregate principal amount of Floating Rate 2029 Notes issued under Par Call Date, the Indenture (including any Floating Rate Additional 2029 Notes issued after the Issue Date) may be redeemed, in each case at a redemption price Redemption Price equal to the greater of (A) 100% of the principal amount thereofof the Notes to be redeemed and (B) the sum of the present values of the remaining scheduled payments of principal and interest on such Notes to be redeemed that would have become due after the Redemption Date if such Notes matured on such Par Call Date but for the redemption (not including any portion of such payments of interest accrued to but not including the Redemption Date) discounted to the Redemption Date on a semi-annual basis (assuming a 360-day year comprising twelve 30-day months) at the Treasury Rate plus (x) 20 basis points in the case of the 2024 Notes, plus (y) 25 basis points in the LIBOR Rate case of the 2026 Notes or (z) 30 basis points in effect the case of the 2029 Notes, plus, in each case, interest accrued on such Notes to but not including the Redemption Date (provided that interest payments due on or prior to the Redemption Date will be paid to the record Holders of such Notes on the date of the redemption notice plus 3.25%, plus accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, with the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; provided that:
(1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributionsrelevant Regular Record Date).
(bi) On or after December 15the 2024 Notes Par Call Date, 2005, MagnaChip the 2024 Notes may redeem all or a part of the Floating 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 the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Liquidated Damages, if any, on the Floating Rate Notes be redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning (ii) on December 15 of the years indicated below, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 % 2006 102 % 2007 101 % 2008 and thereafter 100 % At any time prior to December 15, 2005, MagnaChip may also redeem all or a part of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue 2026 Notes Par Call Date), upon not less than 30 nor more than 60 days’ prior notice mailed by first-class mail to the 2026 Notes may be redeemed, and (iii) on or after the 2029 Notes Par Call Date, the 2029 Notes may be redeemed, in each holder’s registered address, case at a redemption price Redemption Price equal to 100% of the principal amount of Floating Rate the Notes to be redeemed plus interest accrued thereon to but not including the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid Redemption Date (provided that interest and Liquidated Damages, if any, payments due on or prior to the redemption date, subject Redemption Date will be paid to the rights record Holders of holders of Floating Rate such Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip defaults in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption dateRegular Record Date).
Appears in 1 contract
Sources: First Supplemental Indenture (Diamondback Energy, Inc.)
Optional Redemption. (a) [Reserved].
(b) At any time or from time to time on or after June 1, 2012, the Issuers, at their option, may redeem the Notes, in whole or in part, at the redemption prices (expressed as percentages of principal amount) set forth below, together with accrued and unpaid interest thereon, if any, to the redemption date, if redeemed during the 12-month period beginning June 1 of the years indicated: 2012 105.875 % 2013 and thereafter 100 % Unless the Issuers default 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.
(c) In addition to the optional redemption of the Notes in accordance with the provisions of the preceding paragraph, at any time or from time to time prior to December 15June 1, 20052012, MagnaChip the Issuers, at their option, may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate the Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) at a redemption price of 100% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%, plus accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, with the net cash proceeds of one or more Public Qualified Equity Offerings or at a contribution redemption price equal to MagnaChip’s common equity capital made with 111.75% of the net cash proceeds principal amount thereof, plus a premium equal to the interest rate applicable to such Fixed Rate Note, plus accrued and unpaid interest thereon, if any, to the date of a concurrent Public Equity Offering of US LLC or any of its Subsidiariesredemption; provided that:
that (1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this the Indenture (excluding Floating Rate Notes held by MagnaChip and its Subsidiaries) remains remain outstanding immediately after the occurrence of such redemption; and
redemption and (2) the redemption occurs within 90 days of the date of the closing of any such Public Qualified Equity Offering or equity contributionsOffering.
(bd) On or after December 15In addition, 2005the Issuers may, MagnaChip may at their option, redeem all or a part of the Floating Rate Notes, upon (but not less than 30 nor more than 60 days’ prior notice mailed by first-class mail to each holder’s registered address, at the redemption prices (expressed as percentages of principal amountall) set forth below plus accrued and unpaid interest and Liquidated Damages, if any, on the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 of the years indicated belowNotes then outstanding, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 % 2006 102 % 2007 101 % 2008 and thereafter 100 % At any time prior to December 15, 2005, MagnaChip may also redeem all or a part of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), upon not less than 30 nor more than 60 days’ prior notice mailed by first-class mail to in each holder’s registered address, case at a redemption price equal to 100% of the principal amount of Floating Rate Notes redeemed the Notes, plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damagesinterest, if any, to the date of redemption, if the Issuers have become, or the Issuers reasonably determine that they would become, obligated to pay, on the next date on which any amount would be payable with respect to such Notes, any Additional Amounts as a result of change in law (including any change occurring pursuant to regulations promulgated thereunder or treaties of any Relevant Taxing Jurisdiction) or change in the interpretation or administration of law, regulation, ruling or treaty (including any change pursuant to a holding by a court of competent jurisdiction) (each such change, a “Change in Tax Law”), if such Change in Tax Law is announced and becomes effective on or after the Issue Date and the Issuers reasonably determine that such obligation cannot be avoided by the use of reasonable measures available to them (not including a substitution of the Issuer). Notice of any such redemption date, subject must be given within 60 days of the earlier of the announcement and the effectiveness of any such Change in Tax Law. Prior to the rights publication or mailing of holders any notice of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip defaults in the payment redemption of the Notes pursuant to the foregoing, the Issuers will deliver to the Trustee (a) an Officer’s Certificate stating that it is entitled to effect such redemption price, interest and setting forth a statement of facts showing that the conditions precedent to its right so to redeem have been satisfied and (b) an opinion of an independent legal counsel of recognized standing to the effect that the Issuers have been or will cease become obligated to accrue on pay Additional Amounts as a result of the Floating Rate Notes or portions thereof called for redemption on the applicable redemption dateChange in Tax Law.
Appears in 1 contract
Optional Redemption. (a) At any time on or prior to December 151, 20052012 the Issuer may, MagnaChip may at its option on any one or more occasions occasions, redeem up Notes in an aggregate principal amount not to exceed 35% of the aggregate principal amount of Floating Rate Notes issued under the this Indenture (including any Floating Rate Additional Notes issued after the Issue Date) at a redemption price of 100107.875% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%amount, plus accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, with the net cash proceeds Net Cash Proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its SubsidiariesOfferings; provided that:
(1i) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip and its Subsidiaries) remains outstanding immediately after the occurrence of such redemptionredemption (excluding Notes held by the Issuer and its Subsidiaries); and
(2ii) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributionsOffering.
(b) On or after At any time prior to December 151, 20052014, MagnaChip the Issuer may redeem all or a part of the Floating Rate Notes, upon not less than 30 nor more than 60 days’ prior notice mailed by first-class mail to the registered address of each holder’s registered addressholder of Notes or otherwise delivered in accordance with the procedures of DTC, at a redemption price equal to 100% of the redemption prices (expressed principal amount of the Notes redeemed plus the Applicable Premium as percentages of principal amount) set forth below plus of, and accrued and unpaid interest and Liquidated DamagesSpecial Interest, if any, on the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 date of the years indicated belowredemption, subject to the rights of the holders of Floating Rate Notes record on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 % 2006 102 % 2007 101 % 2008 and thereafter 100 % At any time .
(c) Except pursuant to the preceding paragraphs, the Notes will not be redeemable at the Issuer’s option prior to December 151, 2005, MagnaChip may also redeem all or a part 2014.
(d) The Notes will be redeemable at the option of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date)Issuer, upon not less than 30 nor more than 60 days’ prior notice mailed by first-class mail to each holder’s registered addressin whole or in part, at any time on or after December 1, 2014 at the redemption prices (expressed as a redemption price equal to 100% percentage of the principal amount of Floating Rate Notes redeemed amount) set forth below, plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damagesthereon, if any, to the redemption date, date (subject to the rights right of holders of Floating Rate Notes 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 December 1 of the years indicated below: 2014 103.938 % 2015 102.625 % 2016 101.313 % 2017 and thereafter 100.000 % Unless MagnaChip the Issuer defaults in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Sources: Indenture (Koppers Holdings Inc.)
Optional Redemption. (a) Except as set forth below and in clause (b) of this Section 3.7, the Notes will not be redeemable at the option of the Company. At any time prior to December June 15, 20052010, MagnaChip the Company may on redeem all or any one or more occasions redeem up to 35% portion of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued Notes, at once or over time, after the Issue Date) giving notice in accordance with Section 3.3, at a redemption price of equal to the greater of:
(i) 100% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the Notes to be redeemed, and
(ii) the sum of the present values of (i) 100% of the principal amount of the Notes to be redeemed at June 15, 2010, and (ii) the remaining scheduled payments of interest from the redemption notice date through June 15, 2010, but excluding accrued and unpaid interest through the redemption date, discounted to the redemption date at the Treasury Rate plus 3.25%175 basis points, plus plus, in either case, accrued and unpaid interest and Liquidated DamagesSpecial Interest, if any, to the redemption date, with the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; provided that:
date (1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributions.
(b) On or after December 15, 2005, MagnaChip may redeem all or a part of the Floating 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 the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Liquidated Damages, if any, on the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 of the years indicated below, subject to the rights right of holders Holders of Floating Rate Notes record on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 % 2006 102 % 2007 101 % 2008 and thereafter 100 % ). Any notice to Holders of Notes of such a redemption needs to include the appropriate calculation of the redemption price, but does not need to include the redemption price itself. The actual redemption price, calculated as described above, must be set forth in an Officers' Certificate delivered to the Trustee no later than two Business Days prior to the redemption date.
(b) At any time and from time to time prior to December June 15, 20052006, MagnaChip the Company may also redeem all or up to a part maximum of 25% of the Floating Rate Notes (aggregate principal amount of the Notes, including any Floating Rate Additional Notes issued after Notes, with the Issue Date), upon not less than 30 nor proceeds of one or more than 60 days’ prior notice mailed by first-class mail to each holder’s registered addressPublic Equity Offerings, at a redemption price equal to 100111.875% of the principal amount of Floating Rate Notes redeemed thereof, plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated DamagesSpecial Interest, if any, to the redemption date, date (subject to the rights right of holders of Floating Rate Notes Holders on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip defaults in the payment ); provided, however, that after giving effect to any such redemption, at least 75% of the original aggregate principal amount of the Notes (including any Additional Notes) issued on or after the Issue Date remains outstanding. Any such redemption price, interest will cease shall be made within 75 days of such Public Equity Offering upon not less than 30 nor more than 60 days' prior notice.
(c) Any prepayment pursuant to accrue on this Section 3.7 shall be made pursuant to the Floating Rate Notes or portions thereof called for redemption on the applicable redemption dateprovisions of Section 3.1 through Section 3.6.
Appears in 1 contract
Sources: Indenture (Rent Way Inc)
Optional Redemption. (a) On or after November 1, 2018, the Company 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, plus accrued and unpaid interest, if any, on the Notes redeemed, to but excluding the applicable date of redemption, 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 2018 102.938 % 2019 101.958 % 2020 100.979 % 2021 and thereafter 100.000 % 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) At any time prior to December 15November 1, 20052016, MagnaChip the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) Indenture, upon not less than 30 nor more than 60 days’ notice, at a redemption price of 100equal to 105.875% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%Notes redeemed, plus accrued and unpaid interest and Liquidated Damagesinterest, if any, to but excluding the date of redemption (subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date), with the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with by the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its SubsidiariesCompany; provided that:
: (1i) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this the Indenture (excluding Floating Rate Notes held by MagnaChip the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
and (2ii) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributionsOffering.
(bc) On At any time prior to November 1, 2018, the Company may on any one or after December 15, 2005, MagnaChip may more occasions redeem all or a part of the Floating Rate Notes, upon not less than 30 nor more than 60 days’ prior notice mailed by first-class mail to each holder’s registered addressnotice, at a redemption price equal to 100% of the redemption prices (expressed principal amount of the Notes redeemed, plus the Applicable Premium as percentages of principal amount) set forth below plus of, and accrued and unpaid interest and Liquidated Damagesinterest, if any, on to but excluding the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 date of the years indicated belowredemption, subject to the rights of holders of Floating Rate Notes Holders on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 % 2006 102 % 2007 101 % 2008 and thereafter 100 % At any time prior to December 15, 2005, MagnaChip may also redeem all or a part of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), 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 Floating Rate Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip defaults in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Sources: Indenture (Calpine Corp)
Optional Redemption. (a) Except as set forth below, the Company shall not be entitled to redeem the Notes prior to October 15, 2018. At any time prior to December October 15, 20052018, MagnaChip may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) at a redemption price of 100% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%, plus accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, with the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; provided that:
(1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributions.
(b) On or after December 15, 2005, MagnaChip Company may redeem all or a part of the Floating Rate Notes (which includes Additional 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 the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Liquidated Damages, if any, on the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 of the years indicated below, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 % 2006 102 % 2007 101 % 2008 and thereafter 100 % At any time prior to December 15, 2005, MagnaChip may also redeem all or a part of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), 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 Redemption Price equal to 100% of the principal amount of Floating Rate Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damagesinterest, if any, to the date of redemption date(the “Redemption Date”), subject to the rights of holders Holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip defaults in On or after October 15, 2018, the payment Company shall be entitled at its option to redeem all or a portion of the redemption priceNotes at the Redemption Prices set forth below (expressed in percentages of principal amount) set forth below, interest will cease plus accrued and unpaid interest, if any, thereon to accrue the applicable Redemption Date (subject to the right of Holders of record on the Floating Rate Notes or portions thereof called for redemption relevant date to receive interest due on the applicable relevant interest payment date), if redeemed during the twelve-month period beginning on October 15 on the years indicated below: Year Redemption Price 2018 104.500 % 2019 103.000 % 2020 101.500 % 2021 and thereafter 100.000 % In addition, at any time on or prior to October 15, 2018, the Company shall be entitled at its option on one or more occasions to redeem Notes in an aggregate principal amount not to exceed 35% of the aggregate principal amount of the Notes issued (which includes the Additional Notes, if any) at a Redemption Price of 106.000% of the principal amount, plus accrued and unpaid interest to the Redemption Date, with the Net Cash Proceeds from one or more Equity Offerings; provided, however, that (1) at least 65% of such aggregate principal amount of Notes (which includes the Additional Notes, if any) remains outstanding immediately after the occurrence of each such redemption date.(other than Notes held by the Company or its Subsidiaries); and (2) each such redemption occurs within 60 days after the date of the closing of the related Equity Offering
Appears in 1 contract
Optional Redemption. (a) At any time prior and from time to December 15, 2005, MagnaChip may time on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) at a redemption price of 100% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%, plus accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, with the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; provided that:
(1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributions.
(b) On or after December 1521, 20052022, MagnaChip the Company may redeem all the Notes, in whole or a part of the Floating Rate Notesin part, at its option, upon not less than 30 10 nor more than 60 days’ prior notice mailed by first-class mail to each holder’s registered addressthe Holders, at a redemption price equal to the redemption prices (expressed as percentages applicable percentage of principal amount) amount set forth below plus accrued and unpaid interest and Liquidated DamagesAdditional Amounts, if any, on the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 of the years indicated below, date (subject to the rights right of holders Holders of Floating Rate Notes 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 December 21 of the years indicated below: 2005 103 2022 101.000% 2006 102 % 2007 101 % 2008 2023 and thereafter 100 % 100.000%
(b) At any time and from time to time prior to December 1521, 2005, MagnaChip 2022 the Company may also redeem all or a part of Notes with the Floating Rate Notes (including Net Cash Proceeds received by the Company from any Floating Rate Additional Notes issued Equity Offering occurring after the Issue Date), upon not less than 30 10 nor more than 60 days’ prior notice mailed by first-class mail to each holder’s registered address, the Holders at a redemption price equal to 100104.250% of the principal amount of Floating Rate Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated DamagesAdditional Amounts, if any, to the applicable redemption date, date (subject to the rights right of holders Holders of Floating Rate Notes record on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip defaults ), in the payment an aggregate principal amount for all such redemptions not to exceed 40% of the original aggregate principal amount of the Notes (including the principal amount of any Additional Notes); provided that:
(1) in each case the redemption pricetakes place not later than 120 days after the closing of the related Equity Offering, and
(2) not less than 60% of the original aggregate principal amount of the Notes (including the principal amount of any Additional Notes) remains outstanding immediately thereafter.
(c) At any time and from time to time prior to December 21, 2022, the Company may redeem the Notes in whole or in part, at its option, upon not less than 10 nor more than 60 days’ prior notice to the Holders at a redemption price equal to 100% of the principal amount of such Notes plus the relevant Applicable Premium as of, and accrued and unpaid interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on and Additional Amounts, if any, to, 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).
(d) In connection with any tender offer for, or other offer to purchase (including any Change of Control Offer or Asset Disposition Offer), any series of or all of the Notes, if Holders of not less than 90% in aggregate principal amount of the applicable series of outstanding Notes validly tender and do not withdraw such Notes in such tender offer and the Company, or any third party making such a tender offer in lieu of the Company, purchases all of the applicable series of 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 to the Holders of such Notes, such notice given not more than 30 days following such purchase date, to redeem all (but not part) of the applicable Notes of such series that remain outstanding following such purchase at a price equal to the price offered to each of the Holders of the applicable series of Notes in such tender offer (excluding any early tender or incentive fee), plus, to the extent not included in the tender offer payment, accrued and unpaid interest and Additional Amounts, if any, thereon, to, but not including, 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).
(e) Notice of redemption will be provided as set forth in Section 3.03. If the Company effects an optional redemption of Notes, it will, for so long as the Notes are listed on the Exchange and admitted to trading on the Euro MTF Market, inform the Exchange of such optional redemption and confirm the aggregate principal amount of the Notes of that series that will remain outstanding immediately after such redemption.
(f) Any redemption and notice of redemption may, at the Company’s discretion, be subject to the satisfaction of one or more conditions precedent.
(g) If the optional redemption date is on or after an interest record date and on or before the related interest payment date, the accrued and unpaid interest will be paid to the Person in whose name the Note is registered at the close of business on such record date, and no additional interest will be payable to Holders whose Notes will be subject to redemption by the Company.
Appears in 1 contract
Sources: Indenture (Encore Capital Group Inc)
Optional Redemption. (a) At any time prior to December March 15, 20052014, MagnaChip the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) this Indenture, upon not less than 30 nor more than 60 days’ notice, at a redemption price of 100equal to 107.750% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%Notes redeemed, plus accrued and unpaid interest and Liquidated DamagesSpecial Interest, if any, to the date of redemption (subject to the rights of Holders of Notes on the relevant record date to receive interest on the relevant interest payment date), with the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public an Equity Offering of US LLC or any of its Subsidiariesby the Company; provided that:
(1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributionsOffering.
(b) On or after December At any time prior to March 15, 20052015, MagnaChip the Company may on any one or more occasions redeem all or a part of the Floating Rate Notes, upon not less than 30 nor more than 60 days’ prior notice mailed by first-class mail to each holder’s registered addressnotice, at a redemption price equal to 100% of the redemption prices (expressed principal amount of the Notes redeemed, plus the Applicable Premium as percentages of principal amount) set forth below plus of, and accrued and unpaid interest and Liquidated DamagesSpecial Interest, if any, on the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 date of the years indicated belowredemption, subject to the rights of holders Holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 % 2006 102 % 2007 101 % 2008 and thereafter 100 % At any time .
(c) Except pursuant to the preceding paragraphs, the Notes will not be redeemable at the Company’s option prior to December March 15, 20052015.
(d) On or after March 15, MagnaChip 2015, the Company may also on any one or more occasions redeem all or a part of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date)Notes, upon not less than 30 nor more than 60 days’ prior notice mailed by first-class mail to each holder’s registered addressnotice, at a the redemption price equal to 100% prices (expressed as percentages of the principal amount of Floating Rate Notes redeemed amount) set forth below, plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated DamagesSpecial Interest, if any, on the Notes redeemed, to the redemption dateapplicable date of redemption, if redeemed during the twelve-month period beginning on March 15 of the years indicated below, subject to the rights of holders Holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. : 2015 103.875 % 2016 101.938 % 2017 and thereafter 100.000 % Unless MagnaChip the Company defaults in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable 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.
Appears in 1 contract
Optional Redemption. Except as set forth below, the Company shall not be entitled to redeem the Notes at its option prior to November 15, 2008.
(a) At any time prior to December On and after November 15, 20052008, MagnaChip may on any one or more occasions redeem up the Company shall be entitled at its option to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) at a redemption price of 100% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%, plus accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, with the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; provided that:
(1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributions.
(b) On or after December 15, 2005, MagnaChip may redeem all or a part portion of the Floating Rate 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' notice, at the redemption prices (expressed as in percentages of principal amount) set forth below Accreted Value on the redemption date), plus accrued and unpaid interest and Liquidated Damagesthereon, if any, on the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 of the years indicated below, date (subject to the rights right of holders Holders of Floating Rate Notes record on the relevant record date to receive interest due on the relevant interest payment date), if redeemed during the 12-month period commencing on November 15 of the years set forth below: 2005 103 In addition, before November 15, 2006, the Company may at its option on one or more occasions redeem Notes (which includes Additional Notes, if any) in an aggregate principal amount at maturity not to exceed 35% 2006 102 of the aggregate principal amount at maturity of the Notes (which includes Additional Notes, if any) originally issued at a redemption price (expressed as a percentage of Accreted Value thereof at the redemption date) of 112.25%, plus accrued and unpaid interest to the redemption date, with the Net Cash Proceeds from one or more Qualified Equity Offerings; PROVIDED, HOWEVER, that (1) at least 65% 2007 101 % 2008 of such aggregate principal amount at maturity of Notes (which excludes Additional Notes, if any) remains outstanding immediately after the occurrence of each such redemption (other than Notes held, directly or indirectly, by the Company or its Affiliates); (2) each such redemption occurs within 60 days after the date of the related Qualified Equity Offering; and thereafter 100 % (3) if the Qualified Equity Offering is an offering by Parent, a portion of the Net Cash Proceeds thereof equal to the amount required to redeem any such Notes is contributed to the equity capital of the Company or used to acquire from the Company Capital Stock (other than Disqualified Stock) of the Company.
(b) At any time on or prior to December 15, 2005, MagnaChip may also redeem all or a part of the Floating Rate Notes (including any Floating Rate Additional Notes issued date that is three years after the Issue Date), if a Change of Control occurs the Company may at its option redeem all, but not less than all, of the Notes upon not less than 30 nor more than 60 days’ ' prior notice, at a redemption price equal to the sum of 100% of the Accreted Value of the Notes as of the redemption date, a premium equal to the One Year's Coupon, and accrued and unpaid interest, if any, to, the date of redemption. If the Company elects to exercise the redemption right set forth in this paragraph (the "THREE-YEAR CHANGE OF CONTROL REDEMPTION RIGHT"), it must do so by mailing a notice to each Holder with a copy to the Trustee within 30 days following the Change of Control and before mailing notice of a Change of Control Offer, and the Company will not make a Change of Control Offer. If the Company has made a Change of Control Offer, it may not exercise the Three-Year Change of Control Redemption Right.
(c) At any time on or prior to the First Call Date, after the completion of a Change of Control Offer that was accepted by Holders of Notes having an Accreted Value of not less than 75% of the total Accreted Value of Notes then outstanding, the Company may redeem the Notes of any Holder who has not accepted the Change of Control Offer (the "UNTENDERED NOTES") upon not less than 30 nor more than 60 days' prior notice but in no event more than 90 days after the completion of such Change of Control Offer, mailed by first-class mail to each holder’s Holder's registered address, at a redemption price equal to 100% of the principal amount Accreted Value of Floating Rate the Untendered Notes redeemed at the redemption date plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damagesinterest, if any, to, the date of redemption (the "CHANGE OF CONTROL REDEMPTION DATE"), except that installments of interest which are due and payable on dates falling on or prior to the applicable redemption date, subject date will be payable to the rights Persons who were the Holders of holders record at the close of Floating Rate Notes business on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip defaults in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption datedates.
Appears in 1 contract
Sources: Indenture (Tabletop Holdings Inc)
Optional Redemption. (a) Except as set forth in clauses (c) and (d) of this paragraph 5, the Notes will not be redeemable at the option of the Company prior to _____________, 2011.
(b) At any time prior and from time to December 15time on and after _____________, 20052011, MagnaChip the Notes may on any one or more occasions redeem up to 35% be redeemed at the option of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) Company at a redemption price of 100% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%prices set forth below, 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 Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; provided that:
date (1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributions.
(b) On or after December 15, 2005, MagnaChip may redeem all or a part of the Floating 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 the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Liquidated Damages, if any, on the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 of the years indicated below, subject to the rights right of holders of Floating Rate Notes record on the relevant record date to receive interest due on the relevant interest payment date). The following redemption prices are for the Notes redeemed during the 12-month period commencing on _____________ of the years set forth below, and are expressed as percentages of principal amount: 2005 103 % 2006 102 % 2007 101 % 2008 YEAR REDEMPTION PRICE ---- ---------------- 2011 2012 2013 2014 and thereafter 100 % 100.000%
(c) At any time, and from time to time, prior to December 15_____________, 20052011, MagnaChip may also redeem all the Notes are subject to redemption, as a whole or a part in part, at the election of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), upon not less than 30 nor more than 60 days’ prior notice mailed by first-class mail to each holder’s registered addressCompany, at a redemption price equal to the sum of (i) 100% of the principal amount of Floating Rate Notes redeemed thereof plus accrued interest to the Floating Rate Second Priority Notes Applicable Premium as ofredemption date plus (ii) the Make-Whole Amount, if any.
(d) At any time, and from time to time, prior to _____________, 2009, the Company may redeem up to a maximum of 35% of the aggregate principal amount of the Notes issued under the Indenture with the proceeds of one or more Equity Offerings at a redemption price (expressed as a percentage of principal amount) equal to ___% of the principal amount thereof, plus accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, date (subject to the rights of holders Holders of Floating Rate Notes record on the relevant interest record date to receive interest due on the relevant interest payment date. Unless MagnaChip defaults in the payment ); provided, however, that after giving effect to such redemption, at least 65% of the original aggregate principal amount of the Notes (excluding Notes held by the Company and its Subsidiaries) remains outstanding. Any such redemption price, interest will cease to accrue on shall be made within 45 days of the Floating Rate Notes or portions thereof called for redemption on the applicable redemption dateclosing of such Equity Offering.
Appears in 1 contract
Optional Redemption. (a) At any time prior to December May 15, 20052019, MagnaChip the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) Notes, upon not less than 15 nor more than 60 days’ notice, at a redemption price of 100equal to 107.250% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%Notes redeemed, plus accrued and unpaid interest and Liquidated Damagesinterest, if any, to the redemption date, with an amount equal to the net cash proceeds of one or more Public Equity Offerings or a contribution Offerings, subject to MagnaChip’s common equity capital made with the net cash proceeds rights of a concurrent Public Equity Offering holders of US LLC or any of its Subsidiariesthe Notes on the relevant record date to receive interest due on the relevant interest payment date; provided that:
(1i) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this the Supplemental Indenture (excluding Floating Rate Notes held by MagnaChip the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2ii) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributionsoffering.
(b) On or after December At any time prior to May 15, 20052021, MagnaChip the Company may on any one or more occasions redeem all or a part of the Floating Rate Notes, upon not less than 30 15 nor more than 60 days’ prior notice mailed by first-class mail notice, at a redemption price equal to each holder100% of the principal amount of the Notes redeemed, plus the Applicable Premium as of, and accrued and unpaid interest, if any, to the applicable date of redemption, subject to the rights of Holders on the relevant record date to receive interest due on the relevant interest payment date.
(c) Except pursuant to the preceding paragraphs, the Notes will not be redeemable at the Company’s registered addressoption prior to May 15, 2021.
(d) On or after May 15, 2021, the Company may on any one or more occasions redeem all or a part of the Notes, upon not less than 15 nor more than 60 days’ prior notice, at the redemption prices (expressed as percentages of principal amount) set forth below below, plus accrued and unpaid interest and Liquidated Damagesinterest, if any, on the Floating Rate Notes redeemed, to the applicable redemption datedate of redemption, if redeemed during the twelve-month period beginning on December May 15 of the years indicated below, subject to the rights of holders of Floating Rate Notes Holders on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 2021 103.625 % 2006 102 2022 102.417 % 2007 101 2023 101.208 % 2008 A-3 2024 and thereafter 100 100.000 % At any time prior Any redemption pursuant to December 15, 2005, MagnaChip may also redeem all or a part this Section 5 shall be made pursuant to the provisions of Sections 3.01 through 3.06 of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), 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 Floating Rate Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip defaults in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption dateSupplemental Indenture.
Appears in 1 contract
Optional Redemption. If from and after one year of the date the first share of Series B Preferred Stock is sold and issued by the Corporation, the Common Shares shall have traded above seventy-five cents (a$0.75) At per share (as adjusted for stock splits, dividends, consolidations, recapitalizations and similar events) for sixty (60) consecutive days on a national securities exchange or NASDAQ, or the closing bid price quoted by an established quotation service for over-the-counter securities shall be above seventy-five cents ($0.75) for sixty (60) consecutive days, then the Corporation shall have the right, but not the obligation, to redeem all of the outstanding shares of Series B Preferred Stock for cash, at a price per share equal to one hundred and fifty percent (150%) of the liquidation preference for Series B Preferred Stock under Subsection 9(c)(ii)(a), plus any time declared, but unpaid, dividends under Subsection 9(c)(i), by providing each holder of Series B Preferred Stock with written notice of such redemption not less than thirty (30) days prior to December 15, 2005, MagnaChip may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) at a redemption price of 100% of the principal amount thereof, plus the LIBOR Rate in effect on the scheduled date of redemption ("Optional Redemption Notice"). In the redemption notice plus 3.25%, plus accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, with the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; provided that:
(1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip and its Subsidiaries) remains outstanding immediately after the occurrence event of such redemption; and
(2, and prior to the scheduled date of redemption, holders of Series B Preferred Stock shall surrender to the Corporation the certificate(s) representing such shares of Series B Preferred Stock to be redeemed duly endorsed for transfer to this Corporation, and upon receipt of such certificates, the Corporation shall pay the redemption occurs within 90 days price for such shares to the order of the person whose name appears on such certificate(s) as the owner thereof, and each surrendered certificate shall be cancelled. When the redemption price is paid, all rights in respect of redeemed shares of Series B Preferred Stock shall cease and terminate, and such shares shall no longer be deemed to be outstanding, whether or not the certificates representing such shares have been received by the Corporation. Nothing herein contained in this Subsection 9(c)(vii)(b) shall prohibit any holder of Series B Preferred Stock from electing the benefits of the provisions of Subsection 9(c)(iii) or other applicable conversion provisions prior to the scheduled date of the closing of such Public Equity Offering or equity contributionsredemption.
(b) On or after December 15, 2005, MagnaChip may redeem all or a part of the Floating 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 the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Liquidated Damages, if any, on the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 of the years indicated below, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 % 2006 102 % 2007 101 % 2008 and thereafter 100 % At any time prior to December 15, 2005, MagnaChip may also redeem all or a part of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), 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 Floating Rate Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip defaults in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Sources: Series B Preferred Stock and Warrant Purchase Agreement (Soligen Technologies Inc)
Optional Redemption. (a) At any time prior to December June 15, 20052014, MagnaChip may the Issuer may, at its option, on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate calculated after giving effect to the issuance of Additional Notes issued after the Issue Date) Notes), upon not less than 30 nor more than 60 days’ notice, at a redemption price of 100% equal to 106.750]% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%Notes redeemed, plus accrued and unpaid interest and Liquidated Damagesinterest, if any, to the date of redemption date, (subject to the rights of Holders of Notes on the relevant record date to receive interest on the relevant Interest Payment Date) with an amount of cash equal to the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public an Equity Offering of US LLC or any of its Subsidiariesby Solera; provided that:
(1A) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this the Indenture (calculated after giving effect to the issuance of Additional Notes and excluding Floating Rate Notes held by MagnaChip Solera and its Subsidiaries) remains outstanding immediately after the occurrence of each such redemption; and
(2B) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributionsOffering.
(b) On or after December At any time prior to June 15, 20052014, MagnaChip the Notes may redeem all be redeemed, in whole or a part in part, at the option of the Floating Rate NotesIssuer, upon not less than 30 nor more than 60 days’ notice, 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 the applicable date of redemption, subject to the rights of Holders on the relevant record date to receive interest due on the relevant Interest Payment Date.
(c) Except pursuant to the two preceding paragraphs, the Notes will not be redeemable at the Issuer’s option prior notice mailed by first-class mail to each holder’s registered addressJune 15, 2014.
(d) On or after June 15, 2014, the Issuer may on any one or more occasions redeem all or a part of the Notes, at its option, 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 Liquidated Damagesinterest, if any, on the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December June 15 of the years indicated below, subject to the rights of holders of Floating Rate Notes Holders on the relevant record date to receive interest due on the relevant interest payment dateInterest Payment Date: 2005 103 Year Percentage 2014 103.375 % 2006 102 2015 101.688 % 2007 101 % 2008 2016 and thereafter 100 100.000 % At any time prior to December 15, 2005, MagnaChip may also redeem all or a part of Unless the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), 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 Floating Rate Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip Issuer defaults in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Sources: Indenture (Solera Holdings, Inc)
Optional Redemption. (a) The Notes are redeemable at the Company’s option prior to May 15, 2016, as described in this Section 5. At any time prior to December May 15, 20052012, MagnaChip the Company may redeem on any one or more occasions redeem up to 3540% of the aggregate principal amount of Floating Rate the Notes (calculated after giving effect to any issuance of Additional Securities) issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) at a redemption price of 100107.375% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%, thereof plus accrued and unpaid interest and Liquidated DamagesAdditional Interest, if any, to the redemption date, with the net cash proceeds of one or more Public Equity Offerings or a contribution by OI Inc. to MagnaChip’s common equity capital made with the extent the net cash proceeds thereof are contributed to the Company or used to purchase from the Company Capital Stock (other than Disqualified Stock) of a concurrent Public Equity Offering of US LLC or any of its Subsidiariesthe Company; provided that:
: (1) at least 6560% of the aggregate principal amount of Floating Rate the Notes originally (calculated after giving effect to any issuance of Additional Securities) issued under this the Indenture (excluding Floating Rate Notes held by MagnaChip and its Subsidiaries) remains outstanding immediately after the occurrence of such redemptionredemption of Notes (excluding Notes held by OI Inc. and its Subsidiaries); and
and (2) the redemption occurs must occur within 90 60 days of the date of the closing of such Public Equity Offering or equity contributions.
(b) On or after December Offering. At any time prior to May 15, 20052016, MagnaChip the Company may redeem all or a part of the Floating Rate Notes, upon not less than 30 10 nor more than 60 days’ prior notice mailed by first-class mail to each holder’s registered address, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Liquidated Damages, if any, on the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 of the years indicated below, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 % 2006 102 % 2007 101 % 2008 and thereafter 100 % At any time prior to December 15, 2005, MagnaChip may also redeem all or a part of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), upon not less than 30 nor more than 60 days’ prior notice mailed by first-class mail to each holderHolder’s registered address, at a redemption price equal to the greater of: (1) 100% of the principal amount of Floating Rate the Notes to be redeemed; and (2) the present value at the redemption date (in each case, discounted from the applicable scheduled payment date) of (1) 100% of the principal amount of the Notes to be redeemed plus (2) the Floating remaining scheduled payments of interest from the redemption date through maturity (but excluding accrued and unpaid interest to the redemption date), computed using a discount rate equal to the Treasury Rate Second Priority Notes Applicable Premium as of(determined on the second Business Day immediately preceding the date of redemption) plus 50 basis points, and plus, in either case, accrued and unpaid interest and Liquidated DamagesAdditional Interest, if any, to to, the date of redemption date, (subject to the rights right of holders Holders of Floating Rate Notes record on the relevant record date Record Date to receive interest due on the relevant interest payment date. Unless MagnaChip defaults in the payment of the redemption price, interest will cease to accrue Notes on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption daterelevant Interest Payment Date).
Appears in 1 contract
Sources: Indenture (Owens Illinois Group Inc)
Optional Redemption. (a) At any time prior to December April 15, 20052017, MagnaChip the Issuer may on any one redeem all or more occasions redeem up to 35% part of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) at a redemption price equal to the sum of (i) 100% of the principal amount thereof, plus (ii) the LIBOR Rate in effect on Applicable Premium as of the date of the redemption notice plus 3.25%redemption, plus (iii) accrued and unpaid interest and Liquidated Damagesthereon, if anyto, but excluding, 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 falling prior to or on the redemption date, with the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; provided that:
(1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributions.
(b) On or after December April 15, 20052017, MagnaChip the Issuer may redeem all or a part of the Floating 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 the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Liquidated Damagesthereon, if anyto, on the Floating Rate Notes redeemedbut excluding, to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 of the years indicated below, subject to the rights of holders Holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date falling prior to or on the redemption date, if redeemed during the 12-month period beginning on April 15 of the years indicated below: 2005 103 2017 104.219 % 2006 102 2018 102.813 % 2007 101 2019 101.406 % 2008 2020 and thereafter 100 % 100.000 %
(c) At any time prior to December April 15, 20052017, MagnaChip the Issuer may also redeem all or a part up to 35% of the Floating Rate Notes (including any Floating Rate Additional aggregate principal amount of Notes issued under this Indenture (calculated after the Issue Date), upon not less than 30 nor more than 60 days’ prior notice mailed by first-class mail giving effect to each holder’s registered address, any issuance of Additional Notes) at a redemption price equal to 100of 105.625% of the principal amount of Floating Rate Notes redeemed thereof, plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damagesthereon to, if anybut excluding, to the redemption date, subject to the rights of holders Holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date falling prior to or on the redemption date. Unless MagnaChip defaults in , with the payment net cash proceeds of one or more Equity Offerings; provided that (i) at least 65% of the aggregate principal amount of Notes issued under this Indenture (calculated after giving effect to any issuance of Additional Notes) remains outstanding immediately after the occurrence of such redemption price(excluding Notes held by the Issuer or its Affiliates), interest will cease to accrue on and (ii) the Floating Rate Notes or portions thereof called for redemption on must occur within 90 days of the applicable redemption datedate of the closing of such Equity Offering.
Appears in 1 contract
Optional Redemption. (aA) At any time prior to December May 15, 20052015, MagnaChip the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) Indenture, upon not less than 30 nor more than 60 days’ notice, at a redemption price of 100equal to 108.125% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%Notes redeemed, plus accrued and unpaid interest and Liquidated DamagesSpecial Interest, if any, to the date of redemption date(subject to the rights of Holders of Notes on the relevant record date to receive interest on the relevant Interest Payment Date), with in an amount not to exceed the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public from an Equity Offering of US LLC or any of its Subsidiariesby the Company; provided that:
(1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this the Indenture (excluding Floating Rate Notes held by MagnaChip the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributionsOffering.
(bB) On or after December At any time prior to May 15, 20052015, MagnaChip the Company may on any one or more occasions redeem all or a part of the Floating Rate Notes, upon not less than 30 nor more than 60 days’ notice, 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 and Special Interest, if any, to the applicable date of redemption, subject to the rights of Holders on the relevant record date to receive interest due on the relevant Interest Payment Date.
(C) Except pursuant to the preceding paragraphs and Section 4.14(e) in the Indenture, the Notes will not be redeemable at the Company’s option prior notice mailed by first-class mail to each holder’s registered addressMay 15, 2015.
(D) On or after May 15, 2015, the Company 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 Liquidated DamagesSpecial Interest, if any, on the Floating Rate Notes redeemed, to the applicable redemption datedate of redemption, if redeemed during the twelve-month period beginning on December May 15 of the years indicated below, subject to the rights of holders of Floating Rate Notes Holders on the relevant record date to receive interest due on the relevant interest payment dateInterest Payment Date: 2005 103 2015 104.063 % 2006 102 2016 102.031 % 2007 101 % 2008 2017 and thereafter 100 100.000 % At any time prior to December 15, 2005, MagnaChip may also redeem all or a part of Unless the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), 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 Floating Rate Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip Company defaults in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Sources: Indenture (Ion Geophysical Corp)
Optional Redemption. (a) At any time prior to December July 15, 20052015, MagnaChip the Issuer may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) Indenture, upon not less than 30 nor more than 60 days’ notice, at a redemption price of 100equal to 107.750% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%, Notes redeemed plus accrued and unpaid interest and Liquidated DamagesAdditional Amounts, if any, to the date of redemption (subject to the rights of holders of the Notes on the relevant record date to receive interest on the relevant interest payment date), with the net cash proceeds of one or more Public an Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its SubsidiariesOffering; provided that:
(1) at least 65% of the aggregate principal amount of Floating Rate the Notes originally issued under this the Indenture (excluding Floating Rate Notes held by MagnaChip the Parent and its Subsidiaries) remains remain outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributionsOffering.
(b) On or after December At any time prior to April 15, 2005, MagnaChip 2017 the Issuer may on one or more occasions redeem all or a part of the Floating Rate Notes, Notes upon not less than 30 nor more than 60 days’ prior notice mailed by first-class mail at a redemption price equal to each holder’s registered address100% of the principal amount of the Notes redeemed, at plus the redemption prices (expressed Applicable Premium as percentages of principal amount) set forth below plus the date of redemption, and accrued and unpaid interest and Liquidated DamagesAdditional Amounts, if any, on the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 date of the years indicated belowredemption, subject to the rights of holders Holders of Floating Rate the Notes on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 % 2006 102 % 2007 101 % 2008
(c) Except pursuant to subparagraphs (a) and thereafter 100 % At any time (b) of this Paragraph 5 and pursuant to Paragraph 6, the Notes will not be redeemable at the Issuer’s option prior to December April 15, 20052017. On or after April 15, MagnaChip 2017, the Issuer may also on any one or more occasions redeem all or a part of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), upon not less than 30 nor more than 60 days’ prior notice mailed by first-class mail to each holder’s registered addressnotice, at a redemption price equal to 100% of the principal amount of Floating Rate the Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated DamagesAdditional Amounts, if any, on the Notes redeemed, to the redemption date, subject to date of redemption.
(d) Unless the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip Issuer defaults in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption date.
(e) Any redemption and notice may, in the Issuer’s discretion, be subject to the satisfaction of one or more conditions precedent.
Appears in 1 contract
Sources: Indenture (Sappi LTD)
Optional Redemption. (a) At any time prior to December 15, 2005, MagnaChip may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) at a redemption price of 100% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%, plus accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, with the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; provided that:
(1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributions.
(b) On or after December 15April 28, 20052016, MagnaChip the Company may redeem all or a part of the Floating Rate Notes, Notes upon not less than 30 10 nor more than 60 days’ prior notice mailed by first-class mail (in the case of redemptions upon less than 30 days’ notice, if any Global Notes are outstanding, subject to each holder’s registered addressthe ability of the Depositary to process such redemption on the date specified in such notice), at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Liquidated Damages, if any, on the Floating Rate Notes redeemedredeemed to, to but not including, the applicable redemption date, if redeemed during the twelve-twelve month period beginning on December 15 April 28 of the years indicated below, subject to the rights of holders Holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment Interest Payment Date for periods prior to such redemption date: 2005 103 2016 103.271 % 2006 102 2017 101.636 % 2007 101 % 2008 2018 and thereafter 100 100.000 % At any time prior to December 15, 2005, MagnaChip may also redeem all or a part of Unless the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), 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 Floating Rate Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip Company defaults in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption date. At any time prior to April 28, 2016, the Company may also redeem all or a part of the Notes, upon not less than 10 nor more than 60 days’ notice (in the case of redemptions upon less than 30 days’ notice, if any Global Notes are outstanding, subject to the ability of Depositary to process such redemption on the date specified in such notice), 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 to, but not including, 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 for periods prior to such date of redemption.
(b) Notwithstanding the provisions of subparagraph (a) of this Paragraph 5, at any time prior to April 28, 2016, 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 of 106.542% of the principal amount, plus accrued and unpaid interest to, but not including, the redemption date, with the net cash proceeds of one or more sales of Equity Interests (other than Disqualified Stock) of the Company or contributions to the Company’s common equity capital made with the net cash proceeds of one or more sales of Equity Interests (other than Disqualified Stock) of Parent; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under the Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
Appears in 1 contract
Optional Redemption. (a) At any time prior to December March 15, 20052016, MagnaChip the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) Indenture, upon not less than 30 nor more than 60 days’ notice, at a redemption price of 100equal to 105.875% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%Notes redeemed, plus accrued and unpaid interest and Liquidated DamagesSpecial Interest, if any, to the date of redemption date, (subject to the rights of Holders of Notes on the relevant record date to receive interest on the relevant Interest Payment Date) with the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public an Equity Offering of US LLC or any of its Subsidiariesby the Company; provided that:
(1A) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this the Indenture (excluding Floating Rate Notes held by MagnaChip the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2B) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributionsOffering.
(b) On or after December At any time prior to March 15, 20052016, MagnaChip the Company may on any one or more occasions redeem all or a part of the Floating Rate Notes, upon not less than 30 nor more than 60 days’ notice, 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 and Special Interest, if any, to the applicable date of redemption, subject to the rights of Holders on the relevant record date to receive interest due on the relevant Interest Payment Date.
(c) Except pursuant to the preceding paragraphs, the Notes will not be redeemable at the Company’s option prior notice mailed by first-class mail to each holder’s registered addressMarch 15, 2016.
(d) On or after March 15, 2016, the Company 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 Liquidated DamagesSpecial Interest, if any, on the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December March 15 of the years indicated below, subject to the rights of holders of Floating Rate Notes Holders on the relevant record date to receive interest due on the relevant interest payment dateInterest Payment Date: 2005 103 2016 104.406 % 2006 102 2017 102.938 % 2007 101 2018 101.469 % 2008 2019 and thereafter 100 100.000 % At any time prior to December 15, 2005, MagnaChip may also redeem all or a part of Unless the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), 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 Floating Rate Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip Company defaults in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Optional Redemption. (a) At any time prior to December February 15, 20052017, MagnaChip the Issuers may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after Indenture, upon notice as provided in the Issue Date) Indenture, at a redemption price of 100equal to 107.500% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%Notes redeemed, plus accrued and unpaid interest and Liquidated Damagesinterest, if any, to the date of redemption date(subject to the rights of Holders on the relevant record date to receive interest on the relevant Interest Payment Date), with an amount of cash not greater than the net cash proceeds of one or more Public an Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; Offering, provided that:
(1A) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this the Indenture (excluding Floating Rate Notes held by MagnaChip the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2B) the redemption occurs within 90 120 days of after the date of the closing of such Public Equity Offering or equity contributionsOffering.
(b) On or after December At any time prior to February 15, 20052017, MagnaChip the Issuers may on any one or more occasions redeem all or a part of the Floating Rate Notes, upon notice as provided in the Indenture, at a redemption price equal to 100% of the principal amount of the Notes redeemed, plus the Applicable Premium as of the redemption date, plus accrued and unpaid interest, if any, to the date of redemption, subject to the rights of Holders on the relevant record date to receive interest due on the relevant Interest Payment Date.
(c) The Issuers may redeem Notes when permitted by, and pursuant to the conditions in, Section 4.15(e) of the Indenture.
(d) Except pursuant to the preceding paragraphs, the Notes will not less than 30 nor be redeemable at the Issuers’ option prior to February 15, 2017.
(e) On and after February 15, 2017, the Issuers may on any one or more than 60 days’ prior occasions redeem all or a part of the Notes, upon notice mailed by first-class mail to each holder’s registered addressas provided in the Indenture, at the redemption prices (expressed as percentages of principal amount) set forth below below, plus accrued and unpaid interest and Liquidated Damagesinterest, if any, on the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December February 15 of the years indicated below, subject to the rights of holders of Floating Rate Notes Holders on the relevant record date to receive interest due on the relevant interest payment dateInterest Payment Date: 2005 103 Year Percentage 2017 105.625 % 2006 102 2018 103.750 % 2007 101 2019 101.875 % 2008 and thereafter 100 2020 100.000 % At any time prior to December 15, 2005, MagnaChip may also redeem all or a part of Unless the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), 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 Floating Rate Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip defaults Issuers default in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Sources: Indenture (Parsley Energy, Inc.)
Optional Redemption. (a) At On and after March 1, 2008, the Notes will be redeemable, at the Company's option, in whole at any time prior or in part from time to December 15, 2005, MagnaChip may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) at a redemption price of 100% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%, plus accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, with the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; provided that:
(1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributions.
(b) On or after December 15, 2005, MagnaChip may redeem all or a part of the Floating Rate Notestime, upon not less than 30 nor more than 60 days’ ' prior notice mailed by first-class mail to each holder’s registered addressnotice, at the following redemption prices (expressed as in percentages of principal amount) ), if redeemed during the 12-month period commencing March 1 of the years set forth below below, plus accrued and unpaid interest and Liquidated Damages, if any, on the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 of the years indicated below, date (subject to the rights right of holders of Floating Rate Notes record on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 Interest Payment Date): REDEMPTION YEAR PRICE -------------------------------------- ----------- 2008.................................. 104.625% 2006 102 2009.................................. 102.313% 2007 101 % 2008 2010 and thereafter 100 % At thereafter................... 100.000%
(b) Prior to March 1, 2008, the Company may redeem the Notes, at its option, in whole at any time prior or in part from time to December 15, 2005, MagnaChip may also redeem all or a part of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date)time, upon not less than 30 nor more than 60 days’ ' prior notice mailed by first-class mail to each holder’s registered addressnotice, at a redemption price equal to 100% of the principal amount of Floating Rate the Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damagesto, if any, to the applicable redemption date, date (subject to the rights right of the holders of Floating Rate Notes record on the relevant record date Record Date to receive interest due on the relevant interest payment date. Unless MagnaChip defaults in Interest Payment Date).
(c) At any time prior to March 1, 2007, the payment Company may, at its option, redeem up to 35% of the aggregate principal amount of the Notes with the Net Cash Proceeds of one or more Equity Offerings by Parent or the Company so long as there is a Public Market at the time of such redemption, at a redemption priceprice equal to 109.250% of the principal amount thereof, plus accrued and unpaid interest will cease thereon, if any, to accrue on the Floating Rate date of redemption; provided, however, that after any such redemption at least 65% of the aggregate principal amount of the Notes or portions thereof called for issued under this Indenture remains outstanding. In order to effect the foregoing redemption on with the applicable proceeds of any Equity Offering, the Company shall make such redemption datenot more than 60 days after the consummation of any such Equity Offering.
(d) Any prepayment pursuant to this Section 3.07 shall be made pursuant to the provisions of Section 3.01 through 3.06 hereof.
Appears in 1 contract
Optional Redemption. (a) At The Notes may be redeemed, in whole or in part, at any time prior to December 15August 1, 20052023, MagnaChip may on any one or more occasions redeem up to 35% at the option of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) at a redemption price of 100% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%, plus accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, with the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; provided that:
(1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributions.
(b) On or after December 15, 2005, MagnaChip may redeem all or a part of the Floating Rate Notes, Issuer upon not less than 30 nor more than 60 days’ prior notice sent electronically or mailed by first-class mail to each holderHolder’s registered address, at a Redemption Price equal to 100% of the redemption prices (expressed principal amount of the Notes redeemed plus the Applicable Premium as percentages of principal amount) set forth below plus of, and accrued and unpaid interest and Liquidated Damagesinterest, if any, on the Floating Rate Notes redeemedto, to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 of the years indicated below, date (subject to the rights right of holders of Floating Rate Notes record on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 % 2006 102 % 2007 101 % 2008 and thereafter 100 % At ).
(i) The Notes are subject to redemption, at the option of the Issuer, in whole or in part, at any time prior to December 15on or after August 1, 2005, MagnaChip may also redeem all or a part of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date)2023, 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% the following Redemption Prices (expressed as percentages of the principal amount of Floating Rate Notes redeemed to be redeemed) set forth below, plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damagesinterest, if any, to to, but not including, the redemption date, date (subject to the rights right of holders Holders of Floating Rate Notes record on the relevant regular 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 August 1 of the years indicated: 2023 104.250% 2024 102.125% 2025 and thereafter 100.000%
(ii) In addition to the optional redemption of the Notes in accordance with the provisions of the preceding paragraph, prior to August 1, 2023, the Issuer may, with the net proceeds of one or more Qualified Equity Offerings, redeem up to 40% of the aggregate principal amount of the outstanding Notes (including Additional Notes) at a Redemption Price equal to 108.5% of the principal amount thereof, plus accrued and unpaid interest thereon, if any, to the date of redemption; provided that at least 50% of the principal amount of Notes then outstanding (including Additional Notes) remains outstanding immediately after the occurrence of any such redemption (excluding Notes held by Parent or its Subsidiaries and except to the extent otherwise repurchased or redeemed in accordance with the terms of this Indenture) and that any such redemption occurs within 90 days following the closing of any such Qualified Equity Offering.
(iii) At any time and from time to time prior to August 1, 2023, the Issuer at its option may during each twelve month period commencing on the Issue Date redeem Notes in an aggregate principal amount equal to up to 10.0% of the original aggregate principal amount of the Notes (including the principal amount of any Additional Notes), at a Redemption Price (expressed as a percentage of principal amount to be redeemed) of 103.0%, plus accrued and unpaid interest, if any, to, but not including, the redemption date (subject to the right of Holders of record on the relevant regular record date to receive interest due on an interest payment date that is on or prior to the redemption date).
(iv) In addition, at any time prior to August 1, 2022, the Issuer at its option may redeem Notes in an aggregate principal amount equal to $100.0 million on a one-time basis from the net cash proceeds received from the sale of real property, at a Redemption Price (expressed as a percentage of principal amount to be redeemed) of 104.0%, plus accrued and unpaid interest, if any, to, but not including, the redemption date (subject to the right of Holders of record on the relevant regular record date to receive interest due on an interest payment date that is on or prior to the redemption date).
(v) Notice of any redemption may at the Issuer’s discretion, be subject to one or more conditions precedent, including, but not limited to, completion of the related Qualified Equity Offering, the consummation of a Change of Control or consummation of a refinancing of any Debt. Unless MagnaChip defaults In addition, if such redemption or notice is subject to satisfaction of one or more conditions precedent, such notice shall state that, in the Issuer’s discretion, the redemption date may be delayed until such time as any or all such conditions shall be satisfied (or waived by the Issuer in its sole discretion), or such redemption 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 Issuer in its sole discretion) by the redemption date, or by the redemption date so delayed (which may exceed 60 days from the date of the redemption notice in such case). The Issuer may also provide in such notice that payment of the redemption priceprice and performance of the Issuer’s obligations with respect to such redemption may be performed by another Person.
(vi) If the optional redemption date is after an interest record date and on or before the related interest payment date, the accrued and unpaid interest will cease be paid to accrue the Person in whose name the Notes are registered at the close of business on such record date, and no additional interest will be payable to Holders whose Notes will be subject to redemption by the Floating Rate Issuer.
(vii) The Issuer will have the right to redeem the Notes at a Redemption Price equal to 101% of the principal amount thereof, plus accrued and unpaid interest thereon, if any, to the date of redemption following the consummation of a Change of Control if at least 90% of the Notes outstanding prior to such consummation are purchased pursuant to such Change of Control.
(b) The Issuer may, at any time and from time to time, purchase Notes in the open market or portions thereof called for redemption on the otherwise, subject to compliance with this Indenture and compliance with all applicable redemption datesecurities laws.
Appears in 1 contract
Sources: Indenture (Ryerson Holding Corp)
Optional Redemption. (a) At any time and from time to time prior to December January 15, 20052016, MagnaChip the Company may on any one or more occasions at its option redeem up to 35% of the aggregate principal amount of Floating Rate the Notes issued under the Indenture outstanding (including any Floating Rate which includes Additional Notes issued after the Issue Date) Notes, if any), at a redemption price of 100equal to 105.250% of the principal amount thereof, plus the LIBOR Rate in effect thereof on the date of the redemption notice plus 3.25%date, plus together with accrued and unpaid interest and Liquidated Damagesto, if any, but not including such redemption date (subject to the redemption rights of Holders of the Notes on the relevant record date to receive payments of interest on the related interest payment date), with an amount of cash equal to the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public an Equity Offering of US LLC or any of its Subsidiariesthe Company; provided that:
(1i) at least 65% of the in aggregate principal amount of Floating Rate the Notes originally issued under this Indenture (calculated after giving effect to any issuance of any Additional Notes but excluding Floating Rate any Notes held by MagnaChip the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2ii) the such redemption occurs within 90 days of no later than the date of the closing of 180th day following such Public Equity Offering or equity contributionsOffering.
(b) On or after December At any time and from time to time prior to January 15, 20052016, MagnaChip the Company may redeem all or a part any portion of the Floating Rate Notes outstanding (which includes Additional Notes, if any) at a redemption price equal to 100% of the aggregate principal amount of the Notes to be redeemed, together with accrued and unpaid interest to, but not including, such redemption date (subject to the rights of Holders of the Notes on the relevant record date to receive payments of interest on the related interest payment date), plus the Make Whole Amount.
(c) Except pursuant to the preceding paragraphs, the Notes will not be redeemable at the Company’s option prior to January 15, 2016.
(d) On or after January 15, 2016, the Notes will be subject to redemption at the Company’s option, in whole or in part, upon not less than 30 days nor more than 60 days’ prior notice mailed by first-class mail to each holder’s registered addressnotice, at the redemption prices (expressed as percentages of principal amount) set forth below plus below, together with accrued and unpaid interest and Liquidated Damagesthereon to, if anybut not including, on the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 of the years indicated below, date (subject to the rights of holders Holders of Floating Rate the Notes on the relevant record date to receive payments of interest due on the relevant related interest payment date), if redeemed during the 12-month period beginning on January 15 of the years indicated below: 2005 103 2016 103.938 % 2006 102 2017 102.625 % 2007 101 2018 101.313 % 2008 2019 and thereafter 100 100.000 % At any time prior to December 15, 2005, MagnaChip may also redeem all or a part of Unless the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), 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 Floating Rate Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip Company defaults in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Optional Redemption. (a) At any time prior to December 151, 20052013, MagnaChip the Issuer may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Dollar Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) at a redemption price of 100109.125% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%amount, plus accrued and unpaid interest and Liquidated Damagesinterest, if any, to the redemption date, with the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its SubsidiariesOfferings; provided that:
(1A) at least 65% of the aggregate principal amount of Floating Rate the Dollar Notes originally issued under this Indenture (excluding Floating Rate Dollar Notes held by MagnaChip the Parent and its SubsidiariesAffiliates) remains outstanding immediately after the occurrence of such redemption; and
(2B) the redemption occurs within 90 120 days of the date of the closing of such Public Equity Offering Offering. At any time prior to December 1, 2013, upon not less than 30 nor more than 60 days’ notice, the Issuer may at its option redeem the Dollar Notes in whole at any time or equity contributions.
(b) in part from time to time, at a redemption price equal to 100% of the principal amount of the Dollar Notes redeemed plus the Applicable Premium as of, plus accrued and unpaid interest to, the date of redemption, subject to the rights of the Holders of the Dollar Notes on the relevant record date to receive the interest due on the relevant interest payment date. On or after December 151, 20052013, MagnaChip the Issuer may redeem all or a part of the Floating Rate Dollar Notes, upon not less than 30 nor more than 60 days’ prior notice mailed by first-class mail to each holder’s registered addressnotice, at the redemption prices (expressed as percentages of principal amount) set forth out below plus accrued and unpaid interest and Liquidated Damages, if any, on the Floating Rate Dollar Notes redeemed, redeemed to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 1 of the years indicated below, subject to the rights of holders Holders of Floating Rate Dollar Notes on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 2013 104.563 % 2006 102 2014 102.281 % 2007 101 % 2008 2015 and thereafter 100 100.000 % At any time prior to December 15, 2005, MagnaChip may also redeem all or a part of Unless the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), 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 Floating Rate Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip Issuer defaults in the payment of the redemption price, interest will cease to accrue on the Floating Rate Dollar Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Optional Redemption. (a) At any time prior to December November 15, 20052019, MagnaChip the Issuer may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) at a redemption price of 100% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%, plus accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, with the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; provided that:
(1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributions.
(b) On or after December 15, 2005, MagnaChip may redeem all or a part of the Floating Rate 2020 Dollar Notes, upon not less than 30 ten (10) nor more than 60 sixty (60) days’ prior notice mailed by first-class mail to each holder’s registered address, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Liquidated Damages, if any, on the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 of the years indicated below, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 % 2006 102 % 2007 101 % 2008 and thereafter 100 % At any time prior to December 15, 2005, MagnaChip may also redeem all or a part of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), upon not less than 30 nor more than 60 days’ prior notice mailed by first-class mail to each holder’s registered addressnotice, at a redemption price equal to 100% of the principal amount of Floating Rate 2020 Dollar Notes redeemed redeemed, plus the Floating Rate Second Priority Applicable 2020 Dollar Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damagesinterest, if any, to but excluding the redemption date, subject to the rights of holders Holders of Floating Rate the 2020 Dollar Notes on the relevant record date to receive interest due on the relevant interest payment date. On or after November 15, 2019, the Issuer may on any one or more occasions redeem all or a part of the 2020 Dollar Notes, upon not less than ten (10) nor more than sixty (60) days’ prior notice, at a redemption price equal to 100% of the principal amount of 2020 Dollar Notes redeemed, plus accrued and unpaid interest, if any, to but excluding the redemption date, subject to the rights of Holders of the 2020 Dollar Notes on the relevant record date to receive interest due on the relevant interest payment date.
(b) At any time prior to August 15, 2021, the Issuer may on any one or more occasions redeem all or a part of the 2022 Dollar Notes, upon not less than ten (10) nor more than sixty (60) days’ prior notice, at a redemption price equal to 100% of the principal amount of 2022 Dollar Notes redeemed, plus the Applicable 2022 Dollar Notes Premium as of, and accrued and unpaid interest, if any, to but excluding the redemption date, subject to the rights of Holders of the 2022 Dollar Notes on the relevant record date to receive interest due on the relevant interest payment date. On or after August 15, 2021, the Issuer may on any one or more occasions redeem all or a part of the 2022 Dollar Notes, upon not less than ten (10) nor more than sixty (60) days’ prior notice, at a redemption price equal to 100% of the 2022 Dollar Notes redeemed, plus accrued and unpaid interest, if any, to but excluding the redemption date, subject to the rights of Holders of the 2022 Dollar Notes on the relevant record date to receive interest due on the relevant interest payment date.
(c) At any time prior to August 15, 2024, the Issuer may on any one or more occasions redeem all or a part of the 2025 Dollar Notes, upon not less than ten (10) nor more than sixty (60) days’ prior notice, at a redemption price equal to 100% of the principal amount of 2025 Dollar Notes redeemed, plus the Applicable 2025 Dollar Notes Premium as of, and accrued and unpaid interest, if any, to but excluding the redemption date, subject to the rights of Holders of the 2025 Dollar Notes on the relevant record date to receive interest due on the relevant interest payment date. On or after August 15, 2024, the Issuer may on any one or more occasions redeem all or a part of the 2025 Dollar Notes, upon not less than ten (10) nor more than sixty (60) days’ prior notice, at a redemption price equal to 100% of the principal amount of 2025 Dollar Notes redeemed, plus accrued and unpaid interest, if any, to but excluding the redemption date, subject to the rights of Holders of the 2025 Dollar Notes on the relevant record date to receive interest due on the relevant interest payment date.
(d) At any time prior to November 15, 2019, the Issuer may on any one or more occasions redeem all or a part of the 2020 Euro Notes, upon not less than ten (10) nor more than sixty (60) days’ prior notice, at a redemption price equal to 100% of the principal amount of 2020 Euro Notes redeemed, plus the Applicable 2020 Euro Notes Premium as of, and accrued and unpaid interest, if any, to but excluding the redemption date, subject to the rights of Holders of the 2020 Euro Notes on the relevant record date to receive interest due on the relevant interest payment date. On or after November 15, 2019, the Issuer may on any one or more occasions redeem all or a part of the 2020 Euro Notes, upon not less than ten (10) nor more than sixty (60) days’ prior notice, at a redemption price equal to 100% of the principal amount of 2020 Euro Notes redeemed, plus accrued and unpaid interest, if any, to but excluding the redemption date, subject to the rights of Holders of the 2020 Euro Notes on the relevant record date to receive interest due on the relevant interest payment date.
(e) At any time prior to August 15, 2022, the Issuer may on any one or more occasions redeem all or a part of the 2023 Euro Notes, upon not less than ten (10) nor more than sixty (60) days’ prior notice, at a redemption price equal to 100% of the principal amount of 2023 Euro Notes redeemed, plus the Applicable 2023 Euro Notes Premium as of, and accrued and unpaid interest, if any, to but excluding the redemption date, subject to the rights of Holders of the 2023 Euro Notes on the relevant record date to receive interest due on the relevant interest payment date. On or after August 15, 2022, the Issuer may on any one or more occasions redeem all or a part of the 2023 Euro Notes, upon not less than ten (10) nor more than sixty (60) days’ prior notice, at a redemption price equal to 100% of the principal amount of 2023 Euro Notes redeemed, plus accrued and unpaid interest, if any, to but excluding the redemption date, subject to the rights of Holders of the 2023 Euro Notes on the relevant record date to receive interest due on the relevant interest payment date.
(f) [Reserved].
(g) Unless MagnaChip the Issuer defaults in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption date.
(h) Any redemption or notice pursuant to this Section 3.07 may, at the Issuer’s discretion, be subject to one or more conditions precedent.
Appears in 1 contract
Optional Redemption. (a) At any time prior or from time to December time on or after July 15, 20052017, MagnaChip may on any one or more occasions redeem up the Issuer will be entitled at its option to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) at a redemption price of 100% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%, plus accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, with the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; provided that:
(1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributions.
(b) On or after December 15, 2005, MagnaChip may redeem all or a part portion of the Floating Rate Notes (which includes Additional Notes, ) upon not less than 30 nor more than 60 days’ prior notice mailed by first-class mail to each holder’s registered addressnotice, at the redemption prices (expressed as in percentages of principal amount) set forth below amount on the redemption date), plus accrued and unpaid interest and Liquidated DamagesAdditional Interest, if any, on the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 of the years indicated below, date (subject to the rights right of holders Holders of Floating Rate Notes 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 in the years indicated below: 2005 103 2017 104.219 % 2006 102 2018 102.813 % 2007 101 2019 101.406 % 2008 2020 and thereafter 100 % At any time prior 100.000 %
(b) Prior to December July 15, 20052017, MagnaChip may also the Issuer will be entitled at its option on one or more occasions to redeem Notes (which includes Additional Notes, if any) in an aggregate principal amount not to exceed 35% of the aggregate principal amount of the Notes (which includes Additional Notes, if any) issued at a redemption price (expressed as a percentage of principal amount) of 105.625%, plus accrued and unpaid interest and Additional Interest, if any, to the redemption date, with the net cash proceeds from one or more Equity Offerings; provided, however, that
(A) at least 65% of such aggregate principal amount of the Notes (which includes Additional Notes, if any) remains outstanding immediately after the occurrence of each such redemption (other than the Notes held, directly or indirectly, by the Issuer or its Affiliates); and
(B) each such redemption occurs within 90 days after the date of the related Equity Offering.
(c) Prior to July 15, 2017, the Issuer will be entitled at its option to redeem all or a part portion of the Floating Rate Notes (including any Floating Rate which includes Additional Notes issued after the Issue Date), upon not less than 30 nor more than 60 days’ prior notice mailed by first-class mail to each holder’s registered address, Notes) at a redemption price equal to 100% of the principal amount of Floating Rate the Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated DamagesAdditional Interest, if any, to to, the redemption date, date (subject to the rights right of holders of Floating Rate Notes Holders on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip defaults in ).
(d) In the payment event of a redemption of fewer than all of the redemption priceNotes, the Trustee will select Notes on a pro rata basis, by lot or in such other manner as the Trustee shall deem fair and appropriate; provided, however, that no Notes of a principal amount of $2,000 or less shall be redeemed in part. The Notes shall be redeemable in whole or in part upon not less than 30 nor more than 60 days’ prior written notice, mailed by first class mail to a Holder’s last address as it shall appear on the register maintained by the Registrar of the Notes. On and after any Redemption Date, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on unless the applicable redemption date.Issuer shall fail to redeem any such Note. Table of Contents
Appears in 1 contract
Sources: Indenture (Amsurg Corp)
Optional Redemption. (a) At any time prior to December 15, 2005, MagnaChip may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) at a redemption price of 100% of the principal amount thereof, plus the LIBOR Rate in effect Beginning on the date of Initial Redemption Date, the redemption notice plus 3.25%, plus accrued and unpaid interest and Liquidated DamagesCompany shall be entitled to redeem the Notes (which includes Additional Notes, if any, to the redemption date, with the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; provided that:
(1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering option, in whole or equity contributions.
(b) On or after December 15, 2005, MagnaChip may redeem all or a part of the Floating Rate Notesin part, upon not less than 30 nor more than 60 days’ prior notice mailed by first-class mail to each holder’s registered addressnotice, at the following redemption prices (expressed as percentages of the principal amountamount thereof) set forth below plus accrued and unpaid interest and Liquidated Damages, if any, (subject to the right of Holders of record on the Floating Rate Notes redeemed, relevant record date to receive interest due on the applicable redemption related interest payment date, ) if redeemed during the twelve-month period beginning commencing on December June 15 of the years indicated year set forth below: 2021 103.188 % 2022 101.594 % 2023 and thereafter 100.000 % In addition, prior to June 15, 2019, the Company shall be entitled at its option on one or more occasions to redeem Notes (which includes Additional Securities, if any) in an aggregate principal amount not to exceed 35% of the aggregate principal amount of the Notes (which includes Additional Securities, if any) originally issued at a redemption price (expressed as a percentage of principal amount) of 106.375%, plus accrued and unpaid interest, if any, to the redemption date (subject to the rights right of holders Holders of Floating Rate Notes record on the relevant record date to receive interest due on the relevant interest payment date), with an amount not to exceed the net cash proceeds from one or more Equity Offerings (provided that if the Equity Offering is an offering by Holdings, a portion of the Net Cash Proceeds thereof equal to the amount required to redeem any such Notes is contributed to the equity capital of the Company); provided, however, that: 2005 103 (1) at least 65% 2006 102 % 2007 101 % 2008 of such aggregate principal amount of Notes (which includes Additional Notes, if any) remains outstanding immediately after the occurrence of each such redemption (other than Notes held, directly or indirectly by the Company or its Affiliates); and thereafter 100 % At (2) each such redemption occurs within 90 days after the date of the related Equity Offering. Notice of any time redemption upon any Equity Offering may be given prior to December the completion thereof, and any such redemption or notice may, at the Company’s discretion, be subject to the completion of the related Equity Offering. Prior to June 15, 20052021, MagnaChip may also the Company shall be entitled at its option to redeem all or a part portion of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), 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 Floating Rate the Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damagesinterest, if any, to to, the redemption date, date (subject to the rights right of holders of Floating Rate Notes Holders on the relevant record date to receive interest due on the relevant interest payment date). Unless MagnaChip defaults Notice of such redemption shall be sent to The Depository Trust Company (“DTC”), in the payment case of Global Notes, or mailed by first-class mail to each Holder’s registered address in the redemption pricecase of certificated notes (and, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on extent permitted by applicable procedures and regulations, electronically), not less than 30 nor more than 60 days prior to the applicable redemption date.
Appears in 1 contract
Sources: Indenture (TransDigm Group INC)
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 December September 15, 20052017, MagnaChip the Notes may on any one be redeemed, in whole or more occasions redeem up to 35% in part, at the option of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) Company, at a redemption price of equal to 100% of the principal amount thereof, of the Notes redeemed plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%Applicable Premium as of, plus and accrued and unpaid interest and Liquidated Damagesinterest, 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, with the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; provided that:
(1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributions).
(b) On or after December September 15, 20052017, MagnaChip the Company may redeem all or a part of the Floating 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, Notes at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Liquidated Damagesthereon, if any, on the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December September 15 of the years indicated below, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 2017 106.375% 2006 102 2018 104.250% 2007 101 2019 102.125% 2008 2020 and thereafter 100 % At any time 100.000%
(c) In addition, prior to December September 15, 20052017, MagnaChip the Company may also at its option on any one or more occasions redeem all or a part of the Floating Rate Notes (including any Floating Rate 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 after the Issue Date), upon not less than 30 nor more than 60 days’ prior notice mailed by first-class mail to each holder’s registered address, under this Indenture at a redemption price equal to 100of 108.500% of the principal amount of Floating Rate Notes redeemed thereof, plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damagesthereon, if any, to the redemption date, subject with the net cash proceeds of one or more Equity Offerings; provided that:
(i) at least 65% of such aggregate principal amount of the Notes (including Additional Notes, if any) originally issued under this Indenture remains outstanding immediately after the occurrence of such redemption (other than Notes held directly or indirectly by the Parent Company, the Company and its Affiliates); and
(ii) each such redemption must occur within 90 days of the date of the closing of such Equity Offering.
(d) Any redemption pursuant to this Section 3.07 shall be made pursuant to the rights provisions of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip defaults in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption dateSection 3.01 through 3.06 hereof.
Appears in 1 contract
Sources: Indenture (Cenveo, Inc)
Optional Redemption. (a) At any time prior to December March 15, 20052018, MagnaChip the Issuers may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) this Indenture, upon notice as provided in this Indenture, at a redemption price of 100equal to 109.250% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%Notes redeemed, plus accrued and unpaid interest and Liquidated Damagesinterest, if any, to the date of redemption (subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date), with an amount of cash not greater than the net cash proceeds of one or more Public an Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its SubsidiariesOffering; provided that:
(1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 180 days of after the date of the closing of such Public Equity Offering or equity contributionsOffering.
(b) On or after December At any time prior to March 15, 20052018, MagnaChip the Issuers may on any one or more occasions redeem all or a part of the Floating Rate Notes, upon notice as provided in this Indenture, at a redemption price equal to the sum of:
(1) 100% of the principal amount of the Notes redeemed, plus
(2) the Applicable Premium as of the redemption date, plus accrued and unpaid interest, if any, 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.
(c) Except pursuant to Section 3.07(a), (b) or (e), the Notes will not less than 30 nor be redeemable at the Issuers’ option prior to March 15, 2018.
(d) On or after March 15, 2018, the Issuers may on any one or more than 60 days’ prior occasions redeem all or a part of the Notes, upon notice mailed by first-class mail to each holder’s registered addressas provided in this Indenture, at the redemption prices (expressed as percentages of principal amount) set forth below below, plus accrued and unpaid interest and Liquidated Damagesinterest, if any, on the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December March 15 of the years indicated below, subject to the rights of holders of Floating Rate Notes Holders on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 2018 106.9375 % 2006 102 2019 104.6250 % 2007 101 2020 102.3125 % 2008 2021 and thereafter 100 100.0000 % At any time prior to December 15, 2005, MagnaChip may also redeem all or a part of Unless the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), 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 Floating Rate Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip defaults Issuers default in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption date.
(e) The Issuers may redeem all (but not a portion of) the then outstanding Notes when permitted by, and pursuant to the conditions in, Section 4.15(e) hereof.
(f) Any redemption pursuant to this Section 3.07 shall be made pursuant to the applicable provisions of this Article 3.
Appears in 1 contract
Sources: Indenture (Jones Energy, Inc.)
Optional Redemption. (a) Except as set forth below and in clause (b) of this Section 6, the Notes will not be redeemable at the option of the Issuer. At any time prior to December June 15, 20052010, MagnaChip the Company may on redeem all or any one or more occasions redeem up to 35% portion of the aggregate principal amount of Floating Rate Notes issued Notes, at once or over time, after giving the required notice under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) Indenture, at a redemption price of equal to the greater of:
(i) 100% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the Notes to be redeemed, and
(ii) the sum of the present values of (i) 100% of the principal amount of the Notes to be redeemed at June 15, 2010, and (ii) the remaining scheduled payments of interest from the redemption notice date through June 15, 2010, but excluding accrued and unpaid interest through the redemption date, discounted to the redemption date at the Treasury Rate plus 3.25%175 basis points, plus plus, in either case, accrued and unpaid interest and Liquidated DamagesSpecial Interest, if any, to the redemption date, with the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; provided that:
date (1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributions.
(b) On or after December 15, 2005, MagnaChip may redeem all or a part of the Floating 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 the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Liquidated Damages, if any, on the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 of the years indicated below, subject to the rights right of holders Holders of Floating Rate Notes record on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 % 2006 102 % 2007 101 % 2008 and thereafter 100 % ). Any notice to Holders of Notes of such a redemption needs to include the appropriate calculation of the redemption price, but does not need to include the redemption price itself. The actual redemption price, calculated as described above, must be set forth in an Officers' Certificate delivered to the Trustee no later than two Business Days prior to the redemption date.
(b) At any time and from time to time prior to December June 15, 20052006, MagnaChip the Issuer may also redeem all or up to a part maximum of 25% of the Floating Rate aggregate principal amount of the Notes (including any Floating Rate Additional Notes issued after Notes) with the Issue Date), upon not less than 30 nor proceeds of one or more than 60 days’ prior notice mailed by first-class mail to each holder’s registered addressPublic Equity Offerings, at a redemption price equal to 100111.875% of the principal amount of Floating Rate Notes redeemed thereof, plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated DamagesSpecial Interest, if any, to the redemption date, date (subject to the rights right of holders of Floating Rate Notes Holders on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip defaults in the payment Interest Payment Date); provided, however, that after giving effect to any such redemption, at least 75% of the original aggregate principal amount of the Notes (including any Additional Notes) issued on or after the Issue Date remains outstanding. Any such redemption price, interest will cease shall be made within 75 days of such Public Equity Offering upon not less than 30 nor more than 60 days' prior notice.
(c) Any prepayment pursuant to accrue on this Section 6 shall be made pursuant to the Floating Rate Notes or portions thereof called for redemption on the applicable redemption date.provisions of Section 3.1 through Section 3.6
Appears in 1 contract
Sources: Indenture (Rent Way Inc)
Optional Redemption. (a) At any time prior to December 15Except as set forth in this Section 5, 2005Section 6 and Section 10 below, MagnaChip may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) at a redemption price of 100% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%, plus accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, with the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; provided that:
(1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributions.
(b) On or after December 15, 2005, MagnaChip may redeem all or a part of the Floating Rate NotesSenior Secured Notes shall not be redeemable at the option of the Issuers prior to July 15, 2017. Thereafter, the Issuers may redeem the Floating Rate Senior Secured Notes at their option, in whole or in part, at any time or from time to time, upon not less than 30 nor more than 60 days’ prior notice mailed by first-class first‑class mail to each holder’s registered addressaddress (or otherwise delivered in accordance with applicable DTC procedures), at the following redemption prices (expressed as percentages a percentage of principal amount) set forth below ), plus accrued and unpaid interest and Liquidated Damagesinterest, if any, on the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 of the years indicated below, date (subject to the rights right of holders of Floating Rate Notes record on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 ), if redeemed during the 12-month period commencing on July 15 of the years set forth below. Without limiting the Issuers’ obligations under the Senior Secured Notes Indenture, the Issuers may provide in such notice that payment of the redemption price and the performance of the Issuers’ obligations with respect to such redemption may be performed by another Person. 2017 102.000% 2006 102 2018 101.000% 2007 101 % 2008 2019 and thereafter 100 100.000% At In addition, at any time and from time to time prior to December July 15, 20052017, MagnaChip the Issuers may also redeem all or a part of the Floating Rate Senior Secured Notes (including any Floating Rate Additional Notes issued after the Issue Date)at their option, in whole or in part, upon not less than 30 nor more than 60 days’ prior notice mailed by first-class first‑class mail to each holder’s registered addressaddress (or otherwise delivered in accordance with applicable DTC procedures), at a redemption price equal to 100% of the principal amount of the Floating Rate Senior Secured Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium (as calculated by the Issuers or on behalf of the Issuers by such person as the Issuers shall designate) as of, and accrued and unpaid interest and Liquidated Damagesinterest, if any, to to, the applicable redemption date, date (subject to the rights right of holders of Floating Rate Notes record on the relevant record date to receive interest due on the relevant interest payment date). Unless MagnaChip defaults Without limiting the Issuers’ obligations under the Senior Secured Notes Indenture, the Issuers may provide in the such notice that payment of the redemption priceprice and the performance of the Issuers’ obligations with respect to such redemption may be performed by another Person. Notwithstanding the foregoing, interest will cease to accrue on in connection with any tender offer for the Floating Rate Senior Secured Notes, if Holders of not less than 90% in aggregate principal amount of outstanding Floating Rate Senior Secured Notes validly tender and do not withdraw such Floating Rate Senior Secured Notes in such tender offer and the Issuers, or portions thereof called for any third party making such tender offer in lieu of the Issuers, purchases all of the Notes of such series validly tendered and not withdrawn by such Holders, the Issuers 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 date, to redeem (with respect to the Issuers) or purchase (with respect to a third party) all Floating Rate Senior Secured Notes that remain outstanding following such purchase at a price in cash equal to the greater of (i) the price offered to each other Holder in such tender offer plus, to the extent not included in the tender offer payment, accrued and unpaid interest, if any, thereon, to, but excluding, the redemption date and (ii) 100% of the principal amount of such Floating Rate Senior Secured Notes plus accrued interest to, but excluding, the redemption date, in each case, subject to the right of Holders of record on the applicable relevant record date to receive interest due on the relevant Interest Payment Date falling on or prior to the redemption date or purchase date. Any notice of any redemption may, at the Issuers’ discretion, be subject to one or more conditions precedent, including, but not limited to, the completion of an Equity Offering, a Change of Control, a financing or any other transaction or event. In addition, if such redemption or notice is subject to satisfaction of one or more conditions precedent, such notice may state that, in the Issuers’ discretion, the redemption date may be delayed until such time as any or all such conditions shall be satisfied (or waived by the Issuers in their sole discretion), or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been, or, in the Issuers’ sole determination, may not be, satisfied (or waived by the Issuers in their sole discretion) by the redemption date, or by the redemption date so delayed. Without limiting the Issuers’ obligations under the Senior Secured Notes Indenture, the Issuers may provide in such notice that payment of the redemption price and the performance of the Issuers’ obligations with respect to such redemption may be performed by another Person.
Appears in 1 contract
Sources: Senior Secured Notes Indenture (Reynolds Group Holdings LTD)
Optional Redemption. A1-2
(a) At any time prior to December February 15, 20052022, MagnaChip the Company may on any one or more occasions redeem up to 3540% of the aggregate principal amount of Floating Rate 2025 Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) in respect thereof), upon not less than 15 nor more than 60 days’ notice, at a redemption price of 100equal to 105.520% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%Notes redeemed, plus accrued and unpaid interest and Liquidated Damagesinterest, if any, to 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), with an amount equal to all or a portion of the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; Offerings, provided that:
(1i) at least 6560% of the aggregate principal amount of Floating Rate the 2025 Notes originally issued under this the Indenture (excluding Floating Rate including any Additional Notes held by MagnaChip and its Subsidiariesin respect thereof) remains outstanding immediately after the occurrence of such redemptionredemption (excluding 2025 Notes held by the Company and its Subsidiaries); and
(2ii) the redemption occurs within 90 180 days of the date of the closing of such Public Equity Offering or equity contributionsOffering.
(b) On or after December Prior to February 15, 20052022, MagnaChip the Company may on any one or more occasions redeem all or a part of the Floating Rate 2025 Notes, upon not less than 30 15 nor more than 60 days’ notice, at a redemption price equal to:
(i) the principal amount thereof; plus
(ii) the Make Whole Premium for the 2025 Notes at the redemption date; plus
(iii) accrued and unpaid interest, if any, to 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 notice mailed by first-class mail to each holderthe redemption date).
(c) Except pursuant to the preceding paragraphs, the 2025 Notes will not be redeemable at the Company’s registered addressoption prior to February 15, 2022.
(d) On or after February 15, 2022, the Company may on any one or more occasions redeem all or a part of the 2025 Notes, upon not less than 15 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 Liquidated Damagesinterest, if any, on the Floating Rate 2025 Notes to be redeemed, to the applicable date of redemption date, if redeemed during the twelve-month period beginning on December 15 of the years indicated below, (subject to the rights of holders of Floating Rate Notes Holders on the relevant record date to receive interest due on the relevant an interest payment date: 2005 103 % 2006 102 % 2007 101 % 2008 and thereafter 100 % At any time date that is on or prior to December 15, 2005, MagnaChip may also redeem all or a part of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), 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 Floating Rate Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damages, if any, to the redemption date), subject to if redeemed during the rights twelve month period beginning on February 15 of holders of Floating Rate Notes on the relevant record date to receive interest due on years indicated below: Year Percentage 2022 102.625% 2023 101.313% 2024 and thereafter 100.000% Unless the relevant interest payment date. Unless MagnaChip Company defaults in the payment of the redemption price, interest will cease to accrue on the Floating Rate 2025 Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Sources: Indenture (CVR Energy Inc)
Optional Redemption. (a) At Prior to July 1, 2018, the Notes may be redeemed in whole or in part at the Company’s option at any time prior and from time to December 15, 2005, MagnaChip may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) time at a redemption price of Redemption Price equal to 100% of the principal amount thereof, thereof plus the LIBOR Rate in effect on Applicable Premium as of, and accrued but unpaid interest, if any, to, but excluding, the date of the redemption notice plus 3.25%, plus accrued and unpaid interest and Liquidated Damages, if any, to (the redemption date, with the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; provided that:
“Redemption Date”) (1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributions.
(b) On or after December 15, 2005, MagnaChip may redeem all or a part of the Floating 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 the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Liquidated Damages, if any, on the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 of the years indicated below, subject to the rights right of holders the Holders of Floating Rate Notes record on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 % 2006 102 % 2007 101 % 2008 and thereafter 100 % At any time prior to December 15Interest Payment Date). On or after July 1, 20052018, MagnaChip the Company may also redeem all or a part of the Floating Rate Notes at the following Redemption Prices (including any Floating Rate Additional Notes issued after the Issue Date), upon not less than 30 nor more than 60 days’ prior notice mailed by first-class mail to each holder’s registered address, at expressed as a redemption price equal to 100% percentage of the principal amount of Floating Rate the Notes redeemed to be redeemed) plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and but unpaid interest and Liquidated Damageson the Notes, if any, to the redemption date, applicable Redemption Date (subject to the rights right of holders Holders of Floating Rate Notes record on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip defaults Interest Payment Date), if redeemed during the periods beginning on the dates set forth below: July 1, 2018 103.250 % July 1, 2019 101.625 % July 1, 2020 and thereafter 100.000 % Prior to July 1, 2018, the Company shall be entitled at its option on one or more occasions to redeem the Notes in the payment an aggregate principal amount not to exceed 35% of the aggregate principal amount of the Notes originally issued at a Redemption Price (expressed as a percentage of principal amount) of 106.50%, plus accrued but unpaid interest to, but excluding, the Redemption Date, with the Net Cash Proceeds from one or more Qualified Equity Offerings; provided, however, that:
(1) at least 65% of such aggregate principal amount of the Notes remains outstanding immediately after the occurrence of each such redemption price(other than Notes held, interest will cease to accrue on directly or indirectly, by the Floating Rate Notes Company or portions thereof called for its Affiliates); and
(2) each such redemption on occurs within 120 days after the applicable redemption datedate of the closing of the related Qualified Equity Offering.
Appears in 1 contract
Sources: Global Note (Istar Inc.)
Optional Redemption. (a) At any time Except as set forth below in this Paragraph 5, the Company will not have the option to redeem the Notes prior to December 15August 1, 20052015. On or after August 1, MagnaChip may on any 2015, the Company may, in one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) at a redemption price of 100% of the principal amount thereofinstances, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%, plus accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, with the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; provided that:
(1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributions.
(b) On or after December 15, 2005, MagnaChip may redeem all or a part of the Floating Rate Notes, Notes upon not less than 30 nor more than 60 days’ ' notice (except that redemption notices may be provided more than 60 days prior to a redemption date if the notice mailed by first-class mail to each holder’s registered addressis 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 Notes to be redeemed) set forth below plus accrued and unpaid interest and Liquidated Damages, if any, on the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 August 1 of the years indicated below, subject to the rights of holders Holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant Interest Payment Date: 2015 104.875% 2016 102.438% 2017 and thereafter 100%
(b) At any time prior to August 1, 2015, the Company may, on any one or more occasions, redeem up to 35% of the aggregate principal amount of Notes issued under the Indenture (including the principal amount of any Additional Notes issued under the Indenture) at a redemption price equal to 109.750% of the principal amount of the Notes redeemed, plus accrued and unpaid interest to the redemption date, with the net cash proceeds of one or more Equity Offerings of the Company subject to the rights of Holders of Notes on the relevant record date to receive interest on the relevant interest payment date: 2005 103 ; provided that at least 50% 2006 102 % 2007 101 % 2008 of the aggregate principal amount of Notes issued under the Indenture (excluding Notes held by the Company and thereafter 100 % its Subsidiaries, but including any Additional Notes) 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 December 15August 1, 20052015, MagnaChip may the Company may, in one or more instances, also redeem all or a part of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date)Notes, upon not less than 30 nor more than 60 days’ ' prior notice mailed by first-class mail the Company (except that redemption prices may be provided by the Company more than 60 days prior to each holder’s registered addressa redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of the Indenture), at a redemption price equal to 100% of the principal amount of Floating Rate Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as ofof the date of redemption, and accrued and unpaid interest and Liquidated Damagesinterest, if any, to the such redemption date, subject to the rights of holders Holders of Floating Rate the Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip defaults in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption dateInterest Payment Date.
Appears in 1 contract
Optional Redemption. (a) Except as set forth in this Section 3.01(a), the Company shall not be entitled to optionally redeem the Securities prior to December 15, 2018.
(1) At any time prior to December 15, 20052018, MagnaChip may the Company will be entitled at its option to redeem the Securities, in whole or in part, at a redemption price equal to 100% of the principal amount of the Securities to be redeemed plus the Make-Whole Premium as of, and accrued and unpaid 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), in accordance with paragraph 4 of the Securities.
(2) At any time prior to December 15, 2018, the Company will be entitled at its option on any one or more occasions to redeem up to 35% of the aggregate principal amount of Floating Rate Notes Securities issued under the this Indenture (including any Floating Rate Additional Notes issued after the Issue Date) at a redemption price of 100equal to 108.0% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%Securities redeemed, plus accrued and unpaid interest and Liquidated Damagesinterest, if any, to the date of redemption (subject to the right of Holders on the relevant record date to receive interest due on the relevant interest payment date), with an amount of cash not greater than the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with by the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its SubsidiariesCompany; provided that, with respect to each such redemption:
(1A) at least 65% of the aggregate principal amount of Floating Rate Notes originally Securities issued under this the Indenture (excluding Floating Rate Notes any Securities held by MagnaChip the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2B) the such redemption occurs within 90 180 days of the date of the closing of such Public Equity Offering or equity contributionsOffering.
(b) On At any time on or after December 15, 20052018, MagnaChip the Company may redeem all the Securities, in whole or a part of the Floating Rate Notesin part, upon not less than 30 nor more than 60 days’ prior notice mailed by first-class mail to each holder’s registered addressat its option, at the redemption prices (expressed as percentages of principal amount) set forth below in paragraph 5(a) of the Securities, plus accrued and unpaid interest and Liquidated Damagesinterest, if any, on the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 of the years indicated below, date (subject to the rights right of holders of Floating Rate Notes Holders on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 % 2006 102 % 2007 101 % 2008 and thereafter 100 % At any time prior to December 15), 2005, MagnaChip may also redeem all or a part in accordance with paragraph 5 of the Floating Securities.
(c) The Trustee shall have no responsibility or obligation whatsoever to calculate the Adjusted Treasury Rate Notes (including or the Make-Whole Premium in connection with any Floating redemption. The Company will calculate the Adjusted Treasury Rate Additional Notes issued after and the Issue Date)Make-Whole Premium and, 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 Floating Rate Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, subject deliver an Officers’ Certificate to the rights Trustee setting forth the Adjusted Treasury Rate and the Make-Whole Premium and showing the calculation of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip defaults each in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption datereasonable detail.
Appears in 1 contract
Sources: Indenture (Chesapeake Energy Corp)
Optional Redemption. (a) At any time and from time to time, with respect to the 2023 Notes, prior to December 15August 16, 20052022, MagnaChip and, in the case of the 2028 Notes, at any time prior to June 16, 2028, the Company may redeem, in whole or in part, the Notes of the applicable series at a price equal to the greater of (i) 100% of the principal amount of the Notes of such series redeemed and (ii) the sum of the present values of the Remaining Scheduled Payments that would be due if the Notes of such series being redeemed on that redemption date matured on the applicable Par Call Date (exclusive of interest accrued to the date of redemption) discounted to the date of redemption, on a semi-annual basis (assuming a 360-day year consisting of twelve 30-day months), at the Treasury Rate plus 7.5 basis points for the 2023 Notes and at the Treasury Rate plus 15 basis points for the 2028 Notes; provided, that if the Company redeems any one Notes of a series on or more occasions redeem up after the applicable Par Call Date, the redemption price for the Notes of such series will equal 100% of the principal amount of the Notes to 35be redeemed; provided further, that the redemption price will include, in each case, accrued and unpaid interest, if any, to, but excluding, the applicable redemption date on the principal amount of Notes of such series to be redeemed (subject to the right of the Holders of record on the relevant Regular Record Date to receive interest due on an Interest Payment Date that is on or prior to such redemption date). The Company, and not the Trustee, shall be responsible for calculating the redemption price. Promptly after the calculation thereof, the Company shall give the Trustee notice of the amount of the redemption price.
(b) In the event that Holders of not less than 90% of the aggregate principal amount of Floating Rate the outstanding Notes issued under of any series accept an Offer to Purchase following a Change of Control Triggering Event and the Indenture (including any Floating Rate Additional Company purchases all of the Notes issued after of such series held by such Holders, the Issue Date) Company will have the right, upon not less than 15 nor more than 60 days’ prior notice, given not more than 30 days following the purchase pursuant to the Offer to Purchase described above, to redeem all of the Notes of such series that remain outstanding following such purchase at a redemption price of 100% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%, plus accrued and unpaid interest and Liquidated Damages, if any, equal to the redemption date, with the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; provided that:
(1) at least 65101% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributions.
(b) On or after December 15redeemed, 2005, MagnaChip may redeem all or a part of the Floating 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 the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Liquidated Damagesinterest, if any, on thereon to, but excluding, the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 date of the years indicated belowredemption, subject to the rights right of holders the Holders of Floating Rate Notes record on the relevant record date Regular Record Date to receive interest due on the relevant interest payment date: 2005 103 % 2006 102 % 2007 101 % 2008 and thereafter 100 % At any time an Interest Payment Date that is on or prior to December 15, 2005, MagnaChip may also redeem all or a part such date of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), 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 Floating Rate Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip defaults in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption dateredemption.
Appears in 1 contract
Optional Redemption. (a) At any time and from time to time prior to December October 15, 20052024, MagnaChip the Issuers may redeem the Notes in whole or in part, at its option, upon notice as provided in Section 5.3, at a redemption price (expressed as a percentage of the principal amount of the Notes to be redeemed) equal to 100.000% plus the relevant Applicable Premium as of, and accrued and unpaid interest, if any, to but excluding, the date of redemption (the “Redemption Date”), subject to the rights of Holders on the relevant record date to receive interest due on the relevant interest payment date.
(b) At any one or more occasions time and from time to time prior to October 15, 2024, the Issuers may, at their option, and upon notice as provided in Section 5.3, redeem up to 3540.0% of the original aggregate principal amount of Floating Rate Notes issued under the this Indenture (including any Floating Rate Additional Notes issued after on the Issue DateDate (together with Additional Notes) at a redemption price of 100% (expressed as a percentage of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25Notes to be redeemed) equal to 104.375%, plus accrued and unpaid interest and Liquidated Damagesinterest, if any, to the redemption datebut excluding, with the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; provided that:
(1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributions.
(b) On or after December 15, 2005, MagnaChip may redeem all or a part of the Floating 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 the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Liquidated Damages, if any, on the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 of the years indicated belowRedemption Date, subject to the rights right of holders Holders of Floating Rate record of the Notes on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 , with the net cash proceeds received by the Company from any Equity Offering; provided that not less than 50.0% 2006 102 % 2007 101 % 2008 of the original aggregate principal amount of the then-outstanding Notes issued under this Indenture remains outstanding immediately after the occurrence of each such redemption (including Additional Notes but excluding Notes held by the Issuers or any of the Restricted Subsidiaries), unless all such Notes are redeemed substantially concurrently; provided further that each such redemption occurs not later than 180 days after the date of closing of the related Equity Offering. The Trustee shall select the Notes to be purchased in the manner described under Sections 5.1 through 5.6.
(c) Except pursuant to clauses (a) and thereafter 100 % (b) of this Section 5.7, the Notes will not be redeemable at the Issuers’ option prior to October 15, 2024.
(d) At any time prior and from time to December time on or after October 15, 20052024, MagnaChip the Issuers may also redeem all the Notes, in whole or a part of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), upon not less than 30 nor more than 60 days’ prior notice mailed by first-class mail to each holder’s registered addressin part, at a their option, and upon notice as provided in Section 5.3, at the redemption price equal to 100% prices (expressed as percentages of the principal amount of Floating Rate the Notes redeemed to be redeemed) set forth in the table below, plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damagesthereon, if any, to but excluding the redemption dateapplicable Redemption Date, subject to the rights right of holders Holders of Floating Rate record of the Notes on the relevant record date to receive interest due on the relevant interest payment date. , if redeemed during the twelve-month period beginning on October 15 of each of the years indicated in the table below: Year Percentage 2024 102.188% 2025 101.094% 2026 and thereafter 100.000%
(e) Notwithstanding the foregoing, in connection with any tender offer for the Notes, including a Change of Control Offer or Asset Disposition Offer, if Holders of not less than 90.0% in aggregate principal amount of the outstanding Notes validly tender and do not withdraw such Notes in such tender offer and the Issuers, or any third party making such tender offer in lieu of the Issuers, purchase all of the Notes validly tendered and not withdrawn by such Holders, the Issuers or such third party shall have the right upon not less than 10 nor more than 60 days’ prior notice, with a copy to the Trustee, to each Holder of Notes to the address of such Holder appearing in the Notes Register, given not more than 30 days following such purchase date to redeem all Notes that remain outstanding following such purchase at a redemption price equal to the highest price offered to each other Holder in such tender offer plus, to the extent not included in the tender offer payment, accrued and unpaid interest, if any, thereon, to but not including, the date of such redemption.
(f) Unless MagnaChip defaults the Issuers default in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable Redemption Date.
(g) Any redemption datepursuant to this Section 5.7 shall be made pursuant to the provisions of Sections 5.1 through 5.6.
Appears in 1 contract
Sources: Indenture (Pactiv Evergreen Inc.)
Optional Redemption. (a) At any time Except as set forth in subparagraphs (b), (c) and (d) of this Paragraph 5, the Company will not have the option to redeem the Notes prior to December June 15, 2005, MagnaChip may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) at a redemption price of 100% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%, plus accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, with the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; provided that:
(1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributions.
(b) 2018. On or after December June 15, 20052018, MagnaChip may the Company will have the option to redeem all or a part of the Floating Rate Notes, Notes upon not less than 30 nor more than 60 days’ prior notice mailed by first-class mail to each holder’s registered addressnotice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Liquidated Damages, if any, on the Floating Rate Notes redeemed, redeemed to the applicable redemption date, if redeemed during the twelve-month period beginning on December June 15 of the years indicated below, subject to the rights of holders of Floating Rate Notes Holders on the relevant record date to receive interest due on the relevant interest payment dateInterest Payment Date: 2005 103 Year Percentage 2018 104.250 % 2006 102 2019 102.125 % 2007 101 % 2008 2020 and thereafter 100 100.000 % At any time prior to December 15, 2005, MagnaChip may also redeem all or a part of Unless the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), 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 Floating Rate Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip Company defaults in the payment of the redemption price, interest will cease to accrue on the Floating Rate 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 15, 2018, 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 an amount of cash equal to the net cash proceeds of one or more Equity Offerings at a redemption price equal to 108.500% of the aggregate 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 remains outstanding immediately after the occurrence of such redemption and that such redemption occurs within 90 days of the date of the closing of the related Equity Offering.
(c) At any time prior to June 15, 2018, the Company may also redeem all or a part of the Notes, upon not less than 30 nor more than 60 days’ notice, 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, if any, to, but not including the date of redemption, subject to the rights of Holders on the relevant record date to receive interest due on an Interest Payment Date that is on or prior to the redemption date.
(d) In the event that Holders of not less than 90% of the aggregate principal amount of the outstanding Notes accept a Change of Control Offer and the Company (or the third party making the Change of Control Offer pursuant to Section 4.14(d)) purchases all of the Notes held by such Holders, the Company will have the right, upon not less than 30 nor more than 60 days’ prior notice to the Holders and the Trustee, given not more than 30 days following the purchase pursuant to Section 4.14, to redeem all of the Notes that remain outstanding following such purchase at a redemption price equal to the Change of Control Payment plus, to the extent not included in the Change of Control Payment, accrued and unpaid interest on the Notes that remain outstanding, to, but not including, the date of redemption (subject to the right of Holders on the relevant record date to receive interest due on an Interest Payment Date that is on or prior to the redemption date).
Appears in 1 contract
Sources: Indenture (W&t Offshore Inc)
Optional Redemption. (a) At any time prior to December May 15, 20052015, MagnaChip the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) this Indenture, upon not less than 30 nor more than 60 days’ notice, at a redemption price of 100equal to 108.125% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%Notes redeemed, plus accrued and unpaid interest and Liquidated DamagesSpecial Interest, if any, to the date of redemption (subject to the rights of Holders of Notes on the relevant record date to receive interest on the relevant interest payment date), with in an amount not to exceed the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public from an Equity Offering of US LLC or any of its Subsidiariesby the Company; provided that:
(1i) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2ii) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributionsOffering.
(b) On or after December At any time prior to May 15, 20052015, MagnaChip the Company may on any one or more occasions redeem all or a part of the Floating Rate Notes, upon not less than 30 nor more than 60 days’ notice, 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 and Special Interest, if any, to the applicable date of redemption, subject to the rights of Holders on the relevant record date to receive interest due on the relevant interest payment date.
(c) Except pursuant to the preceding paragraphs and Section 4.14(e), the Notes will not be redeemable at the Company’s option prior notice mailed by first-class mail to each holder’s registered addressMay 15, 2015.
(d) On or after May 15, 2015, the Company 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 Liquidated DamagesSpecial Interest, if any, on the Floating Rate Notes redeemed, to the applicable redemption datedate of redemption, if redeemed during the twelve-month period beginning on December May 15 of the years indicated below, subject to the rights of holders of Floating Rate Notes Holders on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 2015 104.063 % 2006 102 2016 102.031 % 2007 101 % 2008 2017 and thereafter 100 100.000 % At any time prior to December 15, 2005, MagnaChip may also redeem all or a part of Unless the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), 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 Floating Rate Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip Company defaults in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable 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.
Appears in 1 contract
Sources: Indenture (Ion Geophysical Corp)
Optional Redemption. (a) At any time prior to December 151, 20052009, MagnaChip the Issuer may redeem all or a 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 Liquidated Damages, if any, to the date of redemption, subject to the rights of the Holders of Notes on the relevant record date to receive interest due on the relevant interest payment date. The Issuer is not prohibited by the terms of the Indenture from acquiring the Notes by means other than redemption, whether pursuant to an issuer tender offer, in open market transactions, or otherwise, assuming such acquisition does not otherwise violate the terms of the Indenture.
(b) At any time on or prior to December 1, 2008, the Issuer may on any one or more occasions redeem up to 35% the Notes with the net cash proceeds of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) one or more Equity Offerings, at a redemption price of 100111.75% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%, 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 or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; provided that:
(1) that at least 65% of the aggregate principal amount of Floating Rate the Notes originally issued under this Indenture remains outstanding immediately following such redemption (excluding Floating Rate Notes held by MagnaChip and the Issuer or any of its Subsidiaries) remains outstanding immediately after the occurrence of ); and provided, further, that such redemption; and
(2) the redemption occurs shall occur within 90 days of the date of the closing of any such Public Equity Offering or equity contributionsOffering.
(bc) On The Notes will be redeemable, in whole or in part on any one or more occasions, at the option of the Issuer, on or after December 151, 2005, MagnaChip may redeem all or a part of the Floating Rate Notes2009, upon not less than 30 nor more than 60 days’ prior notice mailed by first-class mail to each holder’s registered address' notice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Liquidated Damages, if any, on the Floating Rate Notes redeemed, thereon to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 1 of the years indicated below, subject : YEAR PERCENTAGE ---- ---------- 2009............................................................... 105.8750% 2010............................................................... 102.9375% 2011 and thereafter................................................ 100.0000%
(d) Any redemption pursuant to this paragraph 5 shall be made pursuant to the rights provisions of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 % 2006 102 % 2007 101 % 2008 and thereafter 100 % At any time prior to December 15, 2005, MagnaChip may also redeem all or a part Sections 3.01 through 3.06 of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), 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 Floating Rate Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip defaults in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption dateIndenture.
Appears in 1 contract
Sources: Indenture (Cogent Management Inc)
Optional Redemption. (a) At any time prior to December March 15, 20052023, MagnaChip the Company may on any one or more occasions redeem up to 3540% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) Notes, upon not less than 10 nor more than 60 days’ notice, at a redemption price of 100equal to 104.750% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%Notes redeemed, plus accrued and unpaid interest and Liquidated Damagesinterest, if any, to the redemption date, with an amount equal to the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; provided that:
(1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributions.
(b) On or after December 15, 2005, MagnaChip may redeem all or a part of the Floating 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 the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Liquidated Damages, if any, on the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 of the years indicated belowOfferings, subject to the rights of holders Holders of Floating Rate the Notes on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 ; provided that:
(i) at least 50% 2006 102 % 2007 101 % 2008 of the aggregate principal amount of Notes originally issued under this Indenture (excluding Notes held by the Company, its Subsidiaries and thereafter 100 % parent entities) remains outstanding immediately after the occurrence of such redemption; and
(ii) the redemption occurs within 180 days of the date of the closing of such equity offering.
(b) At any time prior to December March 15, 20052023, MagnaChip the Company may also on any one or more occasions redeem all or a part of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date)Notes, upon not less than 30 10 nor more than 60 days’ prior notice mailed by first-class mail to each holder’s registered addressnotice, at a redemption price equal to 100% of the principal amount of Floating Rate the Notes redeemed redeemed, plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damagesinterest, if any, to the redemption dateapplicable date of redemption, subject to the rights of holders of Floating Rate Notes Holders on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip defaults in .
(c) Except pursuant to the payment preceding paragraphs, the Notes will not be redeemable at the Company’s option prior to March 15, 2023.
(d) On or after March 15, 2023, the Company may on any one or more occasions redeem all or a part of the Notes, upon not less than 10 nor more than 60 days’ prior notice, at the redemption priceprices (expressed as percentages of principal amount) set forth below, interest will cease to accrue plus accrued and unpaid interest, if any, on the Floating Rate Notes or portions thereof called for redemption redeemed, to the applicable date of redemption, if redeemed during the twelve-month period beginning on March 15 of the years indicated below, subject to the rights of Holders on the applicable relevant record date to receive interest on the relevant interest payment date: 2023 103.563 % 2024 102.375 % 2025 101.188 % 2026 and thereafter 100.000 %
(e) Any redemption datepursuant to this Section 5 shall be made pursuant to the provisions of Sections 3.01 through 3.06 of the Indenture.
(f) The provisions of Article 3 of the Indenture do not prohibit the Company or its affiliates from acquiring the Notes in market transactions by means other than a redemption, whether pursuant to a tender offer or otherwise.
Appears in 1 contract
Sources: Indenture (Clearway Energy, Inc.)
Optional Redemption. (a) At any time prior to December 15, 2005, MagnaChip 2013 the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) Indenture, upon not less than 30 nor more than 60 days’ notice, at a redemption price of 100equal to 107.0% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%Notes redeemed, plus accrued and unpaid interest and Liquidated DamagesAdditional Interest, if any, to the date of redemption (subject to the rights of Holders of Notes on the relevant record date if the Notes have not been redeemed prior to such date, ) with the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public an Equity Offering of US LLC or any of its Subsidiariesby the Company; provided that:
(1A) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this the Indenture (excluding Floating Rate Notes held by MagnaChip the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2B) the redemption occurs within 90 120 days of the date of the closing of such Public Equity Offering or equity contributionsOffering.
(b) On or after At any time prior to December 15, 20052015, MagnaChip the Company may on any one or more occasions redeem all or a part of the Floating Rate Notes, upon not less than 30 nor more than 60 days’ notice, 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 and Additional Interest, if any, to the applicable date of redemption, subject to the rights of Holders on the relevant record date to receive interest due on the relevant Interest Payment Date.
(c) Except pursuant to the preceding paragraphs, the Notes will not be redeemable at the Company’s option prior notice mailed by first-class mail to each holder’s registered addressDecember 15, 2015.
(d) On or after December 15, 2015, the Company 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 Liquidated DamagesAdditional Interest, if any, on the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 of the years indicated below, below (subject to the rights of holders of Floating Rate Notes Holders on the relevant record date to receive interest due on the relevant interest payment Interest Payment Date if the Notes have not been redeemed prior to such date: 2005 103 ): Year Percentage 2015 103.500 % 2006 102 2016 102.333 % 2007 101 2017 101.167 % 2008 2018 and thereafter 100 100.000 % At any time prior to December 15, 2005, MagnaChip may also redeem all or a part of Unless the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), 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 Floating Rate Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip Company defaults in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Optional Redemption. (a) At any time prior to December May 15, 20052016, MagnaChip the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) at a redemption price of 100% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%, plus accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, with the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; provided that:
(1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributions.
(b) On or after December 15, 2005, MagnaChip may redeem all or a part of the Floating Rate Notes, upon not less than 30 nor more than 60 days’ notice, at a redemption price equal to 100.0% of the principal amount of the Notes redeemed, plus the Applicable Premium, plus accrued and unpaid interest and Additional Interest, if any, on the Notes redeemed, to the applicable date of redemption (subject to the rights of Holders of Notes on the relevant regular Record Date to receive interest due on the relevant Interest Payment Date that is on or prior to the applicable date of redemption).
(b) At any time, or from time to time, on or prior to May 15, 2016, the Company may, at its option, use the net cash proceeds of one or more Equity Offerings to redeem up to 35.0% of the principal amount of all Notes issued at a redemption price equal to 106.625% of the principal amount of the Notes redeemed, plus 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 regular Record Date to receive interest due on the relevant Interest Payment Date that is on or prior to the applicable date of redemption); provided that:
(i) at least 65.0% of the principal amount of all Notes issued under this Indenture remains outstanding immediately after any such redemption; and
(ii) the Company makes such redemption not more than 120 days after the consummation of any such Equity Offering. Notice of any redemption upon any Equity Offering may be given prior to the completion thereof, and any such redemption or notice mailed by first-class mail may, at the Company’s discretion, be subject to each holder’s registered addressone or more conditions precedent.
(c) On or after May 15, 2016, the Company 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 Liquidated DamagesAdditional Interest, if any, on the Floating Rate Notes redeemed, to the applicable redemption datedate of redemption, if redeemed during the twelve-month period beginning on December May 15 of the years indicated below, below (subject to the rights of holders Holders of Floating Rate Notes on the relevant record date regular Record Date to receive interest due on the relevant interest payment date: 2005 103 Interest Payment Date that is on or prior to the applicable date of redemption): 2016 104.969 % 2006 102 2017 103.313 % 2007 101 % 2008 2018 and thereafter 100 % At 100.000 %
(d) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof.
(e) In addition to the Company’s rights to redeem Notes pursuant to Sections 3.07(a), (b) and (c) hereof, the Company may at any time prior and from time to December 15time purchase Notes in open-market transactions, 2005, MagnaChip may also redeem all tender offers or a part of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), 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 Floating Rate Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip defaults in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption dateotherwise.
Appears in 1 contract
Sources: Indenture (Ocwen Financial Corp)
Optional Redemption. (a) At The Issuer may redeem the Securities at its option, in whole at any time or in part from time to time, on any Business Day specified by the Issuer prior to December 15October 14, 20052018 (the “First Call Date”), MagnaChip may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) at a redemption price of 100% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%, plus accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, with the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; provided that:
(1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributions.
(b) On or after December 15, 2005, MagnaChip may redeem all or a part of the Floating Rate Notes, upon not less than 30 days’ nor more than 60 days’ prior written notice mailed by first-class mail delivered to each holder’s registered address, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Liquidated Damages, if any, on the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 of the years indicated below, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 % 2006 102 % 2007 101 % 2008 and thereafter 100 % At any time prior to December 15, 2005, MagnaChip may also redeem all or a part of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), upon not less than 30 nor more than 60 days’ prior notice mailed by first-class mail to each holder’s registered addressHolder, at a redemption price equal to 100% of the principal amount of Floating Rate Notes the Securities being redeemed plus the Floating Rate Second Priority Notes Applicable Premium as ofPremium, and plus accrued and unpaid interest and Liquidated Damagesinterest, if any, to the redemption date, date (subject to the rights right of holders Holders of Floating Rate Notes record on the relevant record date Record Date to receive interest due on the relevant Payment Date). The Issuer may redeem the Securities at its option, in whole at any time or in part from time to time, on any Business Day specified by the Issuer on or after the First Call Date, on not less than 30 days’ nor more than 60 days’ prior written notice delivered to each Holder, at the following redemption prices (expressed as a percentage of outstanding principal amount of the Securities being redeemed), plus accrued and unpaid interest payment to the redemption date (subject to the right of Holders of record on the relevant Record Date to receive interest due on the relevant Payment Date), for the following periods: Period Redemption Price From and including the First Call Date to and including October 13, 2019 112.00 % From and including October 14, 2019 to and including October 13, 2020 106.00 % From and including October 14, 2020 to and including October 13, 2021 103.00 % From and including October 14, 2021 and thereafter 100.00 % Notwithstanding the foregoing, in connection with any tender offer for all of the outstanding Securities at a price of at least 100% of the principal amount of the Securities tendered, plus accrued and unpaid interest thereon to, but excluding, the applicable tender settlement date, if holders of not less than 90% in aggregate principal amount of the outstanding Securities validly tender and do not withdraw such Securities in such tender offer and the Issuer, or any third party making such tender offer in lieu of the Issuer, purchases all of the Securities validly tendered and not withdrawn by such holders, the Issuer or such third party will have the right upon not less than 15 nor more than 60 days’ prior notice to the Holders (with a copy to the Trustee), given not more than 30 days following such purchase date, to redeem all Securities that remain outstanding following such purchase at a price equal to the price offered to each other holder in such tender offer plus, to the extent not included in the tender offer payment, accrued and unpaid interest, if any, thereon, to, but excluding, the redemption date. Unless MagnaChip defaults in Notice of any redemption may, at the payment of Issuer’s discretion, be subject to one or more conditions precedent, including the receipt by the Trustee, on or prior to the redemption pricedate, of money sufficient to pay the principal of, and premium, if any, and interest will cease to accrue on on, the Floating Rate Notes or portions thereof called for redemption on the applicable redemption dateSecurities being redeemed.
Appears in 1 contract
Sources: Indenture (Quotient LTD)
Optional Redemption. (a) At any time prior to December May 15, 20052013, MagnaChip the Issuers may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the this Indenture (including any Floating Rate Additional Notes issued after the Issue Date) at a redemption price of 100108.500% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%amount, plus accrued and unpaid interest and Liquidated DamagesAdditional Interest, if any, to the redemption date, with the net cash proceeds of one or more a Public Equity Offerings Offering of the Company or a contribution to MagnaChipthe Company’s or a Restricted Subsidiary’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC any other direct or any indirect parent of its Subsidiariesthe Company; provided that:
(1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 days of the date of the closing of such Public sale of Equity Offering or equity contributionsInterests.
(b) On The Notes may be redeemed, in whole or after December in part, at any time prior to May 15, 2005, MagnaChip may redeem all or a part 2013 at the option of the Floating Rate NotesIssuers, upon not less than 30 nor more than 60 days’ notice (prior notice mailed by first-class mail to each holderHolder’s registered address) at the redemption price equal to 100% of the principal amount of the Notes redeemed plus the Applicable Premium as of, and accrued and unpaid interest and Additional Interest, if any, to the applicable redemption date (subject to the right of the Holders of record on the relevant record date to receive interest due on the relevant interest payment date).
(c) Except pursuant to the clauses (a) and (b) above, the Notes will not be redeemable at the Issuers’ option prior to May 15, 2013. On or after May 15, 2013, the 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 Liquidated DamagesAdditional Interest, if any, on the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December May 15 of the years indicated below, subject to the rights of holders of Floating Rate Notes Holders on the relevant record date to receive interest due on the relevant an interest payment date that is prior to the applicable redemption date: 2005 103 2013 104.250 % 2006 102 2014 102.125 % 2007 101 % 2008 2015 and thereafter 100 100.000 % At any time prior to December 15, 2005, MagnaChip may also redeem all or a part of Unless the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), 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 Floating Rate Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip defaults Issuers default in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption date.
(d) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Section 3.01 through 3.06 hereof.
Appears in 1 contract
Sources: Indenture (Susser Holdings CORP)
Optional Redemption. (a) Except as described below under clauses 5(b) and 5(c) hereof, the Notes will not be redeemable at the Issuer’s option before December 1, 2012.
(b) At any time prior to December 151, 20052012, MagnaChip may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) at a redemption price of 100% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%, plus accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, with the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; provided that:
(1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributions.
(b) On or after December 15, 2005, MagnaChip Issuer may redeem all or a part of the Floating Rate Notes, upon not less than 30 nor more than 60 days’ prior notice mailed delivered electronically or by first-class mail mail, with a copy to the Trustee, to the registered address of each holder’s registered addressHolder or otherwise delivered in accordance with the procedures of DTC, at a redemption price equal to 100% of the redemption prices (expressed principal amount of Notes redeemed plus the Applicable Premium as percentages of principal amount) set forth below of, plus accrued and unpaid interest and Liquidated Damages, if any, on the Floating Rate Notes redeemed, thereon to the applicable date of redemption date, if redeemed during (the twelve-month period beginning on December 15 of the years indicated below“Redemption Date”), subject to the rights right of holders Holders of Floating Rate Notes record on the relevant record date Record Date to receive interest due on the relevant Interest Payment Date.
(c) Until December 1, 2012, the Issuer may redeem up to 35% of the aggregate principal amount of Notes issued by it at a redemption price equal to 113.50% of the aggregate principal amount thereof, plus accrued and unpaid interest payment date: 2005 103 thereon to 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, with the net cash proceeds received by it from one or more Equity Offerings; provided that at least 65% 2006 102 % 2007 101 % 2008 and thereafter 100 % At of the sum of the aggregate principal amount of Notes originally issued under the Indenture remains outstanding immediately after the occurrence of each such redemption; provided further that each such redemption occurs within 90 days of the date of closing of each such Equity Offering. Notice of any time redemption upon any such Equity Offering may be given prior to December 15the redemption thereof, 2005and any such redemption or notice may, MagnaChip may also redeem all at the Issuer’s discretion, be subject to one or a part more conditions precedent, including, but not limited to, completion of the Floating Rate Notes related Equity Offering.
(including any Floating Rate Additional Notes issued d) On and after December 1, 2012, the Issue Date)Issuer may redeem the Notes, in whole or in part, upon not less than 30 nor more than 60 days’ prior notice mailed delivered electronically or by first-class mail mail, postage prepaid, with a copy to the Trustee, to each holder’s registered addressHolder of Notes at the address of such Holder appearing in the security register, at a the redemption price equal to 100% prices (expressed as percentages of the principal amount of Floating Rate the Notes redeemed to be redeemed) set forth below, plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damages, if any, thereon to the redemption dateapplicable Redemption Date, subject to the rights right of holders Holders of Floating Rate Notes of record on the relevant record date Record Date to receive interest due on the relevant interest payment date. Unless MagnaChip defaults in Interest Payment Date, if redeemed during the payment twelve-month period beginning on December 1 of each of the years indicated below: 2012 110.00 % 2013 106.75 % 2014 104.50 % 2015 102.25 %
(e) Any redemption price, interest will cease pursuant to accrue on this paragraph 5 shall be made pursuant to the Floating Rate Notes or portions thereof called for redemption on provisions of Sections 3.01 through 3.06 of the applicable redemption dateIndenture.
Appears in 1 contract
Optional Redemption. (a) At any time prior to December June 15, 20052015, MagnaChip the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) this Indenture, upon not less than 30 nor more than 60 days’ notice, at a redemption price of 100equal to 108.875% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%Notes redeemed, plus accrued and unpaid interest and Liquidated DamagesSpecial Interest, if any, to the date of redemption (subject to the rights of Holders of Notes on the relevant record date to receive interest on the relevant interest payment date), with the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public an Equity Offering of US LLC or any of its Subsidiariesby the Company; provided that:
(1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributionsOffering.
(b) On or after December At any time prior to June 15, 20052016, MagnaChip the Company may on any one or more occasions redeem all or a part of the Floating Rate Notes, upon not less than 30 nor more than 60 days’ prior notice mailed by first-class mail to each holder’s registered addressnotice, at a redemption price equal to 100% of the redemption prices (expressed principal amount of the Notes redeemed, plus the Applicable Premium as percentages of principal amount) set forth below plus of, and accrued and unpaid interest and Liquidated DamagesSpecial Interest, if any, on the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 date of the years indicated belowredemption, subject to the rights of holders Holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 % 2006 102 % 2007 101 % 2008 and thereafter 100 % At any time .
(c) Except pursuant to the preceding paragraphs, the Notes will not be redeemable at the Company’s option prior to December June 15, 20052016.
(d) On or after June 15, MagnaChip 2016, the Company may also on any one or more occasions redeem all or a part of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date)Notes, upon not less than 30 nor more than 60 days’ prior notice mailed by first-class mail to each holder’s registered addressnotice, at a the redemption price equal to 100% prices (expressed as percentages of the principal amount of Floating Rate Notes redeemed amount) set forth below, plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated DamagesSpecial Interest, if any, on the Notes redeemed, to the redemption dateapplicable date of redemption, if redeemed during the twelve-month period beginning on June 15 of the years indicated below, subject to the rights of holders Holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. : 2016 104.438 % 2017 102.219 % 2018 and thereafter 100.000 % Unless MagnaChip the Company defaults in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable 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.
Appears in 1 contract
Optional Redemption. (a) Except as set forth below, the Issuer will not be entitled to redeem Notes at its option prior to January 15, 2016.
(b) At any time prior to December January 15, 20052016, MagnaChip the Issuer may redeem all or a part of the Notes, upon not less than 30 nor more than 60 days’ prior notice delivered by electronic transmission or mailed by first-class mail to the registered address of each Holder of Notes or otherwise in accordance with the procedures of DTC, 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 and Additional Interest, if any, to the date of redemption (the “Redemption Date”), subject to the right of Holders of Notes on any the relevant Record Date to receive interest due on the relevant Interest Payment Date.
(c) On and after January 15, 2016, the Issuer may redeem the Notes, in whole or in part, upon not less than 30 nor more than 60 days’ prior notice delivered by electronic transmission or mailed by first-class mail to the registered address of each Holder of Notes or otherwise in accordance with the procedures of DTC, at the redemption prices (expressed as percentages of the principal amount of the Notes to be redeemed) set forth below, plus accrued and unpaid interest thereon and Additional Interest, if any, to the applicable Redemption Date, subject to the right of Holders of Notes 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 January 15 of each of the years indicated below: 2016 108.438 % 2017 105.625 % 2018 102.813 % 2019 and thereafter 100.000 %
(d) In addition, until January 15, 2016, the Issuer may, at its option, on one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) at a redemption price of 100equal to 111.250% of the aggregate principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%, plus accrued and unpaid interest thereon and Liquidated DamagesAdditional Interest, if any, to the redemption dateapplicable Redemption Date, subject to the right of Holders of Notes of record on the relevant Record Date to receive interest due on the relevant Interest Payment Date, with the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its SubsidiariesOfferings; provided that:
(1i) that at least 6550% of the sum of the original aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate and the original principal amount of any Additional Notes held by MagnaChip and its Subsidiaries) that are Notes issued under this Indenture after the initial Issue Date remains outstanding immediately after the occurrence of each such redemption; and
redemption and (2ii) the that each such redemption occurs within 90 days of the date of the closing of each such Public Equity Offering.
(e) Notice of any redemption or any redemption may, at the Issuer’s option and discretion, be subject to one or more conditions precedent, including, but not limited to, completion of an Equity Offering or equity contributionsother corporate transaction.
(bf) On or after December 15, 2005, MagnaChip may redeem If the Issuer redeems less than all or a part of the Floating Rate outstanding Notes, upon not less than 30 nor more than 60 days’ prior notice mailed by first-class mail the Trustee shall select the Notes to each holder’s registered address, at be redeemed in the manner described under Section 3.02 of the Indenture.
(g) Any redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Liquidated Damages, if any, on the Floating Rate Notes redeemed, pursuant to this paragraph 5 shall be made pursuant to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 provisions of Sections 3.01 through 3.06 of the years indicated below, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 % 2006 102 % 2007 101 % 2008 and thereafter 100 % At any time prior to December 15, 2005, MagnaChip may also redeem all or a part of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), 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 Floating Rate Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip defaults in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption dateIndenture.
Appears in 1 contract
Sources: Indenture (First Data Corp)
Optional Redemption. (a) At any On and after October 1, 2017, the Company may redeem all or, from time prior to December 15time, 2005a part of the Notes at the following Redemption Prices (expressed as a percentage of principal amount of the Notes) plus accrued and unpaid interest on the Notes, MagnaChip may if any, to 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 October 1 of the years indicated below: 2017 102.750 % 2018 101.833 % 2019 100.917 % 2020 and thereafter 100.000 %
(b) Prior to October 1, 2015, the Company may, at its option, on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate the Notes (including any Additional Notes) issued under the Indenture (including any Floating Rate Additional Notes issued after in an amount not greater than the Issue Date) Net Cash Proceeds of one or more Equity Offerings at a redemption price Redemption Price of 100105.500% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%, plus accrued and unpaid interest and Liquidated Damagesinterest, if any, to the redemption date, with Redemption Date (subject to the net cash proceeds right of one or more Public Equity Offerings or a contribution holders of record on the relevant record date to MagnaChip’s common equity capital made with receive interest due on the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiariesrelevant Interest Payment Date); provided that:
(1) at least 65% of the aggregate original principal amount of Floating Rate the Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip and its Subsidiaries) on the Issue Date remains outstanding immediately after the occurrence of each such redemption; and
(2) the redemption occurs within 90 180 days of the date of after the closing of such Public the related Equity Offering or equity contributionsOffering.
(bc) On In addition, the Notes may be redeemed, in whole or after December 15in part, 2005at any time prior to October 1, MagnaChip may redeem all or a part 2017 at the option of the Floating Rate Notes, upon not less than 30 nor more than 60 days’ prior notice mailed by first-class mail to each holder’s registered addressCompany, at a Redemption Price equal to 100% of the redemption prices (expressed principal amount of the Notes redeemed plus the Applicable Premium as percentages of principal amount) set forth below plus of, and accrued and unpaid interest and Liquidated Damagesto, if any, on the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 of the years indicated below, Redemption Date (subject to the rights right of holders of Floating Rate Notes record on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 % 2006 102 % 2007 101 % 2008 and thereafter 100 % At any time prior to December 15, 2005, MagnaChip may also redeem all or a part of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Interest Payment Date).
(d) The Notes may be redeemed, upon not less than 30 nor more than 60 days’ prior notice mailed by first-class mail as a whole, following certain Change of Control Offers or Alternate Offers pursuant to each holder’s registered addressSection 1110, at a redemption price equal to 100% of the principal amount of Floating Rate Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, Redemption Price and accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip defaults conditions set forth in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption datesuch Section.
Appears in 1 contract
Sources: Seventh Supplemental Indenture (Concho Resources Inc)
Optional Redemption. (a) At The Notes may be redeemed, in whole or in part, at any time prior to December November 15, 20052024, MagnaChip may on any one or more occasions redeem up to 35% at the option of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) at a redemption price of 100% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%, plus accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, with the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; provided that:
(1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributions.
(b) On or after December 15, 2005, MagnaChip may redeem all or a part of the Floating Rate Notes, Issuer upon not less than 30 15 nor more than 60 days’ prior notice sent electronically or mailed by first-class mail to each holderHolder’s registered address, at a Redemption Price equal to 100% of the redemption prices (expressed principal amount of the Notes redeemed plus the Applicable Premium as percentages of principal amount) set forth below plus of, and accrued and unpaid interest and Liquidated Damagesinterest, if any, on the Floating Rate Notes redeemedto, to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 of the years indicated below, date (subject to the rights right of holders of Floating Rate Notes record on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 % 2006 102 % 2007 101 % 2008 and thereafter 100 % At ).
(b) The Notes are subject to redemption, at the option of the Issuer, in whole or in part, at any time prior to December on or after November 15, 2005, MagnaChip may also redeem all or a part of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date)2024, upon not less than 30 15 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% the following Redemption Prices (expressed as percentages of the principal amount of Floating Rate Notes redeemed to be redeemed) set forth below, plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damagesinterest, if any, to to, but not including, the redemption date, date (subject to the rights right of holders Holders of Floating Rate Notes record on the relevant regular 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 November 15 of the years indicated: 2024 103.000 % 2025 101.500 % 2026 and thereafter 100.000 %
(c) In addition to the optional redemption of the Notes in accordance with the provisions of the preceding paragraph, prior to November 15, 2024, the Issuer may, with the net proceeds of one or more Qualified Equity Offerings, redeem up to 40% of the aggregate principal amount of the outstanding Notes (including Additional Notes) at a Redemption Price equal to 106.000% of the principal amount thereof, plus accrued and unpaid interest thereon, if any, to the date of redemption; provided that at least 50% of the principal amount of Notes then outstanding (including Additional Notes) remains outstanding immediately after the occurrence of any such redemption (excluding Notes held by the Issuer or its Subsidiaries and except to the extent otherwise repurchased or redeemed in accordance with the terms of the Indenture) and that any such redemption occurs within 180 days following the closing of any such Qualified Equity Offering.
(d) At any time and from time to time prior to November 15, 2024, the Issuer at its option may during each of the three consecutive twelve month periods commencing on the Issue Date redeem Notes in an aggregate principal amount equal to up to 10.0% of the original aggregate principal amount of the Notes (including the principal amount of any Additional Notes), at a Redemption Price (expressed as a percentage of principal amount to be redeemed) of 103.0%, plus accrued and unpaid interest, if any, to, but not including, the redemption date (subject to the right of Holders of record on the relevant regular record date to receive interest due on an interest payment date. Unless MagnaChip defaults in the payment of date that is on or prior to the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption date).
Appears in 1 contract
Sources: Indenture (BlueLinx Holdings Inc.)
Optional Redemption. (a) At any time prior to December February 15, 20052021, MagnaChip may the Issuer may, on any one or more occasions occasions, redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after Indenture, upon notice as provided in the Issue Date) Indenture, at a redemption price of 100equal to 105.625% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%Notes redeemed, plus accrued and unpaid interest and Liquidated Damagesinterest, if any, to but not including, the redemption date, with the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; provided that:
date (1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributions.
(b) On or after December 15, 2005, MagnaChip may redeem all or a part of the Floating 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 the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Liquidated Damages, if any, on the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 of the years indicated below, subject to the rights of holders Holders of Floating Rate Notes record on the relevant record date to receive interest due on the relevant interest payment date), with an amount of cash not greater than the net cash proceeds of an Equity Offering; provided that: 2005 103 (1) at least 65% 2006 102 % 2007 101 % 2008 of the aggregate principal amount of Notes originally issued under the Indenture (excluding Notes held by the Issuer and thereafter 100 % 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. At any time prior to December February 15, 20052021, MagnaChip may also redeem all the Notes shall be redeemable in whole at any time or a in part of from time to time, at the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), upon not less than 30 nor more than 60 days’ prior notice mailed by first-class mail to each holderIssuer’s registered addressoption, at a redemption price equal to 100% of the principal amount of Floating Rate the Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damagesinterest, if any, to but not including, the redemption date, date (subject to the rights right of holders Holders of Floating Rate Notes record on the relevant record date to receive interest due on the relevant interest payment date). Unless MagnaChip defaults On or after February 15, 2021, the Notes shall be redeemable in whole at any time or in part from time to time, at the Issuer’s option, at the redemption prices (expressed in percentages of principal amount on the redemption date), plus accrued and unpaid interest, if any, to but not including 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), if redeemed during the 12-month period commencing on February 15 of the redemption priceyears set forth below: 2021 104.219 % 2022 102.813 % 2023 101.406 % 2024 and thereafter 100.000 % Except as set forth above, interest will cease the Notes shall not be redeemable at the election of the Issuer prior to accrue on maturity. The Notes shall not be entitled to the Floating Rate Notes or portions thereof called for redemption on the applicable redemption datebenefit of any sinking fund.
Appears in 1 contract
Optional Redemption. (a) At Prior to March 31, 2017, the Company may, at any time prior and from time to December 15time, 2005redeem, MagnaChip may on any one or more occasions redeem in the aggregate up to 35% of the aggregate principal amount of Floating Rate the Notes originally issued under the this Indenture (including any Floating Rate Additional Notes issued after the Issue Date) at a redemption price of 100% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%, plus accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, with the net cash proceeds of one or more Public Equity Offerings or by the Company at a contribution redemption price (expressed as a percentage of principal amount thereof) of 107.750%, plus accrued and unpaid interest, if any, to, but excluding, the Redemption Date (subject to MagnaChip’s common equity capital made with the net cash proceeds right of a concurrent Public Equity Offering Holders of US LLC or any of its Subsidiariesrecord on the relevant record date to receive interest due on the relevant interest payment date); provided provided, however, that:
(1i) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2ii) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributionscontribution.
(b) On or after December 15Prior to March 31, 20052017, MagnaChip may the Company may, at any time and from time to time, also redeem all or a part of the Floating Rate Notes, upon not less than 30 days nor more than 60 days’ prior notice mailed by or on behalf of the Company (or to the extent permitted or required by applicable DTC procedures or regulations with respect to Global Notes sent electronically) by first-class mail to each holderHolder’s registered addressaddress or otherwise delivered in accordance with the procedures of DTC, at a redemption price equal to the sum of (i) 100.000% of the principal amount of Notes redeemed and (ii) the Applicable Premium as of, and accrued and unpaid interest to, but excluding, 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.
(c) Except pursuant to (a) or (b), the Notes shall not be redeemable at the Company’s option prior to March 31, 2017.
(d) On or after March 31, 2017, the Company may on one or more occasions redeem all or a part of the Notes upon not less than 30 days 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 Liquidated Damages, if any, on the Floating Rate Notes redeemed, to to, but excluding, the applicable redemption dateRedemption Date, if redeemed during the twelve-month period beginning on December 15 March 31 of the years indicated below, subject to the rights of holders Holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 2017 103.875% 2006 102 2018 101.938% 2007 101 % 2008 2019 and thereafter 100 % At any time prior to December 15, 2005, MagnaChip may also redeem all or a part of 100.000%
(e) Unless the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), 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 Floating Rate Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip Company defaults in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable Redemption Date.
(f) Any redemption datepursuant to this Section 5.07 shall be made pursuant to the provisions of Sections 5.01 through 5.06.
Appears in 1 contract
Optional Redemption. (a) At any time prior to December 15, 2005, MagnaChip may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) at a redemption price of 100% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%, plus accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, with the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; provided that:
(1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributions.
(b) On or after December 15June 1, 20052027, MagnaChip may the Issuers shall have the option to redeem all or a part of the Floating Rate Notes, upon not less than 30 nor more than 60 days’ prior notice mailed by first-class mail to each holder’s registered addressin whole or in part, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Liquidated DamagesSpecial Interest, if any, on the Floating Rate Notes redeemed, thereon to the applicable redemption date, if redeemed during the twelve-twelve month period beginning on December 15 June 1 of the years indicated below, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 2027 102.250 % 2006 102 2028 101.125 % 2007 101 2029 100.563 % 2008 2030 and thereafter 100 % 100.000 %
(b) At any time prior to December 15June 1, 20052024, MagnaChip the Issuers may also on any one or more occasions redeem all or a part up to 40% of the Floating Rate aggregate principal amount of the Notes (including the principal amount of any Floating Rate Additional Notes), at a redemption price of 104.500% of the principal amount thereof, plus accrued and unpaid interest and Special Interest, if any, to the redemption date, with the net cash proceeds of one or more Equity Offerings; provided that:
(1) at least 50% of the original aggregate principal amount of Notes issued under the Supplemental Indenture remains outstanding immediately after the Issue Date)occurrence of such redemption, upon not less than 30 nor more than 60 days’ unless all such Notes are redeemed substantially concurrently; and
(2) the redemption must occur within 180 days of the date of the closing of such Equity Offering.
(c) At any time and from time to time prior notice mailed by first-class mail to each holder’s registered addressJune 1, 2027, the Issuers may redeem outstanding Notes, in whole or in part, at a redemption price equal to 100% of the principal amount of Floating Rate Notes redeemed thereof plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated DamagesSpecial Interest, if any, on such Notes to the redemption date plus the Make-Whole Premium.
(d) Notwithstanding the foregoing, in connection with any tender offer for the Notes, including a Change of Control Offer or Asset Sale 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 tender offer and the Issuers, or any third party making a such tender offer in lieu of the Issuers, purchases all of the Notes validly tendered and not withdrawn by such Holders, the Issuers or such third party will have the right upon not less than 10 nor more than 60 days’ prior notice, given not more than 30 days following such purchase date, subject to redeem all Notes that remain outstanding following such purchase at a redemption price equal to the rights of holders of Floating Rate Notes on price offered to each other Holder in such tender offer plus, to the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip defaults extent not included in the payment tender offer payment, accrued and unpaid interest, if any, thereon, to, but not including, the date of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption datesuch redemption.
Appears in 1 contract
Sources: Indenture (Cco Holdings LLC)
Optional Redemption. (a) At any time prior to December 15June 1, 20052016, MagnaChip may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) at a redemption price of 100% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%, plus accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, with the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; provided that:
(1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributions.
(b) On or after December 15, 2005, MagnaChip Company may redeem all or a part of the Floating Rate Notes, Notes upon not less than 30 nor more than 60 days’ prior notice mailed by first-class mail at a redemption price equal to each holder’s registered addressthe sum of (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 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.
(b) At any time on or after June 1, 2016, 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 Liquidated DamagesAdditional Interest, if any, on the Floating Rate Notes redeemedthereon, to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 of the years indicated below, subject to the rights of holders Holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date, if redeemed during the twelve-month period beginning on June 1 of the years indicated below: 2005 103 2016 105.438% 2006 102 2017 102.719% 2007 101 2018 101.359% 2008 2019 and thereafter 100 % 100.000%
(c) At any time prior to December 15June 1, 20052015, MagnaChip the Company may also redeem all or a part up to 35% of the Floating Rate aggregate principal amount of Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date), upon not less than 30 nor more than 60 days’ prior notice mailed by first-class mail to each holder’s registered address, Notes) at a redemption price equal to 100of 110.875% of the principal amount of Floating Rate Notes redeemed thereof, plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated DamagesAdditional Interest, if any, thereon to the redemption date, subject to the rights of holders Holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip defaults in , with the payment net cash proceeds of one or more Equity Offerings; provided that: (1) at least 65% of the aggregate principal amount of Notes issued under the Indenture (including any Additional Notes) remains outstanding immediately after the occurrence of such redemption price, interest will cease to accrue on (excluding Notes held by Holdings or its Subsidiaries); and (2) the Floating Rate Notes or portions thereof called for redemption on must occur within 90 days of the applicable redemption datedate of the closing of such Equity Offering.
Appears in 1 contract
Sources: Supplemental Indenture (Consolidated Communications Holdings, Inc.)
Optional Redemption. (a) At any time prior to December October 15, 20052021, MagnaChip the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) Notes, upon not less than 15 nor more than 60 days’ notice, at a redemption price of 100equal to 105.750% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%Notes redeemed, plus accrued and unpaid interest and Liquidated Damagesinterest, if any, to the redemption date, with an amount equal to the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; provided that:
(1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributions.
(b) On or after December 15, 2005, MagnaChip may redeem all or a part of the Floating 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 the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Liquidated Damages, if any, on the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 of the years indicated belowOfferings, subject to the rights of holders Holders of Floating Rate the Notes on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 ; provided that:
(i) at least 65% 2006 102 % 2007 101 % 2008 of the aggregate principal amount of Notes originally issued under this Indenture (excluding Notes held by the Company, its Subsidiaries and thereafter 100 % parent entities) remains outstanding immediately after the occurrence of such redemption; and
(ii) the redemption occurs within 180 days of the date of the closing of such equity offering.
(b) At any time prior to December October 15, 20052021, MagnaChip the Company may also on any one or more occasions redeem all or a part of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date)Notes, upon not less than 30 15 nor more than 60 days’ prior notice mailed by first-class mail to each holder’s registered addressnotice, at a redemption price equal to 100% of the principal amount of Floating Rate the Notes redeemed redeemed, plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damagesinterest, if any, to the redemption dateapplicable date of redemption, subject to the rights of holders of Floating Rate Notes Holders on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip defaults in .
(c) Except pursuant to the payment preceding paragraphs, the Notes will not be redeemable at the Company’s option prior to October 15, 2021.
(d) On or after October 15, 2021, the Company may on any one or more occasions redeem all or a part of the Notes, upon not less than 15 nor more than 60 days’ prior notice, at the redemption priceprices (expressed as percentages of principal amount) set forth below, interest will cease to accrue plus accrued and unpaid interest, if any, on the Floating Rate Notes or portions thereof called for redemption redeemed, to the applicable date of redemption, if redeemed during the twelve-month period beginning on October 15 of the years indicated below, subject to the rights of Holders on the applicable relevant record date to receive interest on the relevant interest payment date: 2021 102.875 % 2022 101.437 % 2023 and thereafter 100.000 %
(e) Any redemption datepursuant to this Section 5 shall be made pursuant to the provisions of Sections 3.01 through 3.06 of the Indenture.
(f) The provisions of Article 3 of the Indenture do not prohibit the Company or its affiliates from acquiring the Notes in market transactions by means other than a redemption, whether pursuant to a tender offer or otherwise.
Appears in 1 contract
Sources: Indenture (Clearway Energy, Inc.)
Optional Redemption. (a) At any time prior to December 15April 1, 20052013, MagnaChip the Issuers may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) Indenture, upon not less than 30 nor more than 60 days’ notice, at a redemption price of 100equal to 111.50% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%Notes redeemed, plus accrued and unpaid interest and Liquidated DamagesSpecial Interest, if any, to the date of redemption date, with the net cash proceeds of one or more Public an Equity Offerings Offering by the Company or a capital contribution to MagnaChipthe Company’s common equity capital made with the net cash proceeds of a concurrent Public an Equity Offering of US LLC or any of its Subsidiariesby Holdings; provided that:
(1A) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this the Indenture (excluding Floating Rate Notes held by MagnaChip Holdings and its Restricted Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2B) the redemption occurs within 90 180 days of the date of the closing of such Public Equity Offering or equity contributionsOffering.
(b) On At any time prior to April 1, 2014, the Issuers may on any one or after December 15, 2005, MagnaChip may more occasions redeem all or a part of the Floating Rate Notes, upon not less than 30 nor more than 60 days’ notice, 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 and Special Interest, if any, to the applicable date of redemption, subject to the rights of Holders on the relevant record date to receive interest due on the relevant Interest Payment Date.
(c) Except pursuant to the preceding paragraphs, the Notes will not be redeemable at the Issuers’ option prior notice mailed by first-class mail to each holder’s registered addressApril 1, 2014.
(d) On or after April 1, 2014, the Issuers 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 Liquidated DamagesSpecial Interest, if any, on the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 April 1 of the years indicated below, subject to the rights of holders of Floating Rate Notes Holders on the relevant record date to receive interest due on the relevant interest payment dateInterest Payment Date: 2005 103 2014 105.750 % 2006 102 2015 102.875 % 2007 101 % 2008 2016 and thereafter 100 100.000 % At any time prior to December 15, 2005, MagnaChip may also redeem all or a part of Unless the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), 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 Floating Rate Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip defaults Issuers default in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Sources: Indenture (Catalog Resources, Inc.)
Optional Redemption. (a) At any time prior to December 15November 1, 20052016, MagnaChip the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) this Indenture, upon not less than 30 nor more than 60 days’ notice, at a redemption price of 100equal to 106.000% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%Notes redeemed, plus accrued and unpaid interest and Liquidated Damagesinterest, if any, to but excluding the date of redemption (subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date), with the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with by the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its SubsidiariesCompany; provided that:
(1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributionsOffering.
(b) On At any time prior to November 1, 2016, the Company may on any one or after December 15, 2005, MagnaChip may more occasions redeem all or a part of the Floating Rate Notes, upon not less than 30 nor more than 60 days’ notice, 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 excluding the date of redemption, subject to the rights of Holders on the relevant record date to receive interest due on the relevant interest payment date.
(c) [Reserved]
(d) Except pursuant to the preceding paragraphs (a) and (b) of this Section 3.07, the Notes will not be redeemable at the Company’s option prior notice mailed by first-class mail to each holder’s registered addressNovember 1, 2016.
(e) On or after November 1, 2016, the Company 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 Liquidated Damagesinterest, if any, on the Floating Rate Notes redeemed, to but excluding the applicable redemption datedate of redemption, if redeemed during the twelve-month period beginning on December 15 November 1 of the years indicated below, subject to the rights of holders of Floating Rate Notes Holders on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 Year Percentage 2016 104.500 % 2006 102 2017 103.000 % 2007 101 2018 101.500 % 2008 2019 and thereafter 100 100.000 % At any time prior to December 15, 2005, MagnaChip may also redeem all or a part of Unless the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), 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 Floating Rate Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip Company defaults in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption date.
(f) Any redemption 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 (Calpine Corp)
Optional Redemption. (a) At any time prior to December March 15, 20052016, MagnaChip the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) Indenture, upon not less than 30 nor more than 60 days’ notice, at a redemption price of 100equal to 106.125% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%Notes redeemed, plus accrued and unpaid interest and Liquidated DamagesAdditional Interest, if any, to the date of redemption (subject to the rights of Holders of Notes on a relevant record date to receive interest on an Interest Payment Date occurring on or prior to the redemption date, ) with the net cash proceeds of one an Equity Offering by the Company or more Public Equity Offerings or a contribution to MagnaChipthe Company’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering by any direct or indirect parent company of US LLC or any of its Subsidiariesthe Company; provided that:
(1A) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this the Indenture (excluding Floating Rate Notes held by MagnaChip the Company, any direct or indirect parent of the Company and its SubsidiariesAffiliates) remains remain outstanding immediately after the occurrence of such redemption; and
(2B) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributionsOffering.
(b) On or after December At any time prior to March 15, 20052016, MagnaChip the Company may on any one or more occasions redeem all or a part of the Floating Rate Notes, upon not less than 30 nor more than 60 days’ notice, 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 and Additional Interest, if any, to the redemption date, subject to the rights of Holders on a relevant record date to receive interest due on an Interest Payment Date occurring on or prior notice mailed by first-class mail to each holderthe redemption date.
(c) Except pursuant to the preceding paragraphs (a) and (b), the Notes will not be redeemable at the Company’s registered addressoption prior to March 15, 2016.
(d) On or after March 15, 2016, the Company 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 Liquidated DamagesAdditional Interest, if any, on the Floating Rate Notes redeemed, to the applicable redemption datedate of redemption, if redeemed during the twelve12-month period beginning on December March 15 of the years indicated below, subject to the rights of holders of Floating Rate Notes Holders on the a relevant record date to receive interest due on the relevant interest payment date: 2005 103 % 2006 102 % 2007 101 % 2008 and thereafter 100 % At any time an Interest Payment Date occurring on or prior to December 15, 2005, MagnaChip may also redeem all or a part of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), 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 Floating Rate Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damages, if any, to the redemption date: Year Percentage 2016 104.594 % 2017 103.063 % 2018 101.531 % 2019 and thereafter 100.000 % In connection with any redemption of the Notes (including with the net cash proceeds of an Equity Offering), any such redemption may, at the Company’s discretion, be subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment dateone or more conditions precedent. Unless MagnaChip the Company defaults in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Optional Redemption. (a) At any time prior to December 151 June 2015, 2005, MagnaChip the Issuer may on any one or more occasions redeem up to 3540% of the aggregate principal amount of Floating Fixed Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) this Indenture, upon not less than 30 nor more than 60 days’ notice, at a redemption price of 100equal to 106% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%Fixed Rate Notes redeemed, plus accrued and unpaid interest and Liquidated DamagesAdditional Amounts, if any, to the date of redemption (subject to the rights of holders of Fixed Rate Notes on the relevant record date to receive interest on the relevant interest payment date), with the net cash proceeds of one or more Public Equity Offerings the proceeds of which are contributed to the Company (other than in the form of an Excluded Contribution or Parent Debt Contribution) in the form of a subscription for, or a capital contribution to MagnaChip’s common equity capital made with in respect of, Capital Stock (other than Disqualified Stock) of the net cash proceeds Company or as Subordinated Shareholder Debt of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; the Company, provided that:
(1) at least 6560% of the aggregate principal amount of Floating the Fixed Rate Notes originally issued under this Indenture (excluding Floating Fixed Rate Notes held by MagnaChip the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 180 days of the date of the closing of such Public Equity Offering or equity contributionsOffering.
(b) On At any time prior to 1 June 2015, the Issuer may on any one or after December 15, 2005, MagnaChip may more occasions redeem all or a part of the Floating Fixed Rate Notes, Notes upon not less than 30 nor more than 60 days’ notice, at a redemption price equal to 100% of the principal amount of the Fixed Rate Notes redeemed, plus the Applicable Premium as of, and accrued and unpaid interest and Additional Amounts, if any, to the date of redemption, 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 date.
(c) Except pursuant to Sections 3.07(a) and 3.07(b) and except pursuant to Section 3.10, the Fixed Rate Notes will not be redeemable at the Issuer’s option prior notice mailed by first-class mail to each holder’s registered address1 June 2015.
(d) On or after 1 June 2015, the Issuer may on any one or more occasions redeem all or a part of Fixed Rate 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 Liquidated DamagesAdditional Amounts, if any, on the Fixed Rate Notes redeemed, to the applicable date of redemption, if redeemed on or after the dates 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 date: June 2015 ..................................................................................................... 103.000% June 2016 ..................................................................................................... 101.500% June 2017 ..................................................................................................... 100.000%
(e) Unless the Issuer defaults in the payment of the redemption price, interest will cease to accrue on the Fixed Rate Notes or portions thereof called for redemption on the applicable redemption date.
(f) Any redemption pursuant to Sections 3.07(a) through 3.07(e) hereof shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof. Any redemption and notice may, in the Issuer’s discretion, be subject to the satisfaction of one or more conditions precedent.
(g) At any time prior to 1 June 2014, the Issuer may on any one or more occasions redeem all or a part of the Floating Rate Notes upon not less than 30 nor more than 60 days’ notice, at a redemption price equal to 100% of the principal amount of the Floating Rate Notes redeemed, plus the Applicable Premium as of, and accrued and unpaid interest and Additional Amounts, if any, to the date of redemption, subject to the rights of holders of the Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date.
(h) At any time prior to 1 June 2014, the Issuer may on any one or more occasions redeem up to 40% of the aggregate principal amount of Floating Rate Notes issued under this Indenture, upon not less than 30 nor more than 60 days’ notice, at a redemption price equal to 100% plus the Applicable Rate in effect on the date on which the notice of redemption is given, of the principal amount of the Floating Rate Notes, plus accrued and unpaid interest and Additional Amounts, if any, to the date of redemption (subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest on the relevant interest payment date), with the net cash proceeds of one or more Equity Offerings the proceeds of which are contributed to the Company (other than in the form of an Excluded Contribution or Parent Debt Contribution) in the form of a subscription for, or a capital contribution in respect of, Capital Stock (other than Disqualified Stock) of the Company or as Subordinated Shareholder Debt of the Company, provided that:
(1) at least 60% of the aggregate principal amount of the Floating Rate Notes originally issued under this Indenture (excluding Floating Rate 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.
(i) Except pursuant to Sections 3.07(g) and 3.07(h) and except pursuant to Section 3.10, the Floating Rate Notes will not be redeemable at the Issuer’s option prior to 1 June 2014.
(j) On or after 1 June 2014 the Issuer may on any one or more occasions redeem all or a part of the Floating Rate 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 Amounts, if any, on the Floating Rate Notes redeemed, to the applicable redemption datedate of redemption, if redeemed during the twelve-twelve- month period beginning on December 15 in June of the years indicated below, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 Date Redemption Price June 2014 101.000% 2006 102 % 2007 101 % 2008 and thereafter 100 % At any time prior to December 15, 2005, MagnaChip may also redeem all or a part of June 2015 100.000%
(k) Unless the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), 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 Floating Rate Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip Issuer defaults in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption date.
(l) Any redemption pursuant to Sections 3.07(f) through 3.07(k) hereof shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof. Any redemption and notice may, in the Issuer’s discretion, be subject to the satisfaction of one or more conditions precedent.
Appears in 1 contract
Sources: Senior Secured Notes Indenture
Optional Redemption. (a) At any time prior to December May 15, 20052015, MagnaChip the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) this Indenture, upon not less than 30 nor more than 60 days’ notice, at a redemption price of 100equal to 107.375% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%Notes redeemed, plus accrued and unpaid interest and Liquidated DamagesSpecial Interest, if any, to the date of redemption (subject to the rights of Holders of Notes on the relevant record date to receive interest on the relevant interest payment date), with in an amount not to exceed the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public from an Equity Offering of US LLC or any of its Subsidiariesby the Company; provided that:
(1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributionsOffering.
(b) On or after December At any time prior to May 15, 20052015, MagnaChip the Company may on any one or more occasions redeem all or a part of the Floating Rate Notes, upon not less than 30 nor more than 60 days’ notice, 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 and Special Interest, if any, to the applicable date of redemption, subject to the rights of Holders on the relevant record date to receive interest due on the relevant interest payment date.
(c) Except pursuant to Sections 3.07(a) and (b), the Notes will not be redeemable at the Company’s option prior notice mailed by first-class mail to each holder’s registered addressMay 15, 2015.
(d) On or after May 15, 2015, the Company 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 Liquidated DamagesSpecial Interest, if any, on the Floating Rate Notes redeemed, to the applicable redemption datedate of redemption, if redeemed during the twelve-month period beginning on December May 15 of the years indicated below, subject to the rights of holders Holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 Year Percentage 2015 105.5313 % 2006 102 2016 103.6875 % 2007 101 2017 101.8438 % 2008 2018 and thereafter 100 100.0000 % At any time prior to December 15, 2005, MagnaChip may also redeem all or a part of Unless the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), 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 Floating Rate Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip Company defaults in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable 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.
Appears in 1 contract
Sources: Indenture (Carmike Cinemas Inc)
Optional Redemption. (a) At any time prior to December May 15, 20052015, MagnaChip the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes Securities issued under the Indenture (including any Floating Rate Additional Notes issued after Securities) under the Issue Date) Indenture, upon notice as provided in the Indenture, at a redemption price of 100equal to 109.750% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%Securities redeemed, plus accrued and unpaid interest and Liquidated DamagesAdditional Interest, if any, to the date of redemption (subject to the rights of holders of Securities on the relevant record date to receive interest on the relevant interest payment date), with the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public an Equity Offering of US LLC or any of its Subsidiariesby the Company; provided that:
(1) at least 65% of the aggregate principal amount of Floating Rate Notes Securities originally issued under this the Indenture (excluding Floating Rate Notes Securities held by MagnaChip the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 180 days of the date of the closing of such Public Equity Offering or equity contributions.
(b) On or after December Offering. At any time prior to May 15, 20052016, MagnaChip the Company may on any one or more occasions redeem all or a part of the Floating Rate NotesSecurities, upon not less than 30 nor more than 60 days’ prior notice mailed by first-class mail to each holder’s registered address, at as provided in the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Liquidated Damages, if any, on the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 of the years indicated below, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 % 2006 102 % 2007 101 % 2008 and thereafter 100 % At any time prior to December 15, 2005, MagnaChip may also redeem all or a part of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), upon not less than 30 nor more than 60 days’ prior notice mailed by first-class mail to each holder’s registered addressIndenture, at a redemption price equal to 100% of the principal amount of Floating Rate Notes redeemed the Securities redeemed, plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damagesinterest, if any, to the redemption datedate of redemption, subject to the rights of holders of Floating Rate Notes Securities on the relevant record date to receive interest due on the relevant interest payment date. Except pursuant to this Section 5 and Section 4.09(h) of the Indenture, the Securities will not be redeemable at the Company’s option prior to May 15, 2016. On or after May 15, 2016, the Company may on any one or more occasions redeem all or a part of the Securities, upon notice as provided in the Indenture, at the redemption prices (expressed as percentages of principal amount) set forth below, plus accrued and unpaid interest, if any, on the Securities redeemed, to the applicable date of redemption, if redeemed during the twelve-month period beginning on May 15 of the years indicated below, subject to the rights of holders of Securities on the relevant record date to receive interest on the relevant interest payment date: 2016 104.875 % 2017 102.438 % 2018 and thereafter 100.000 % Unless MagnaChip the Company defaults in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes Securities or portions thereof called for redemption on the applicable redemption date. If the optional redemption date is on or after an interest record date and on or before the related interest payment date, the accrued and unpaid interest on the Securities, if any, will be paid to the Person in whose name the Security is registered at the close of business on such record date, and no additional interest will be payable to holders whose Securities will be subject to redemption by the Company. The Company shall cause notice of such redemption to be mailed by first-class mail to the registered address of each holder of Securities to be redeemed not less than 30 nor more than 60 days prior to the redemption date, except that redemption notices issued in connection with a defeasance of the Securities or a satisfaction or discharge of the Indenture may be mailed more than 60 days prior to the redemption date.
Appears in 1 contract
Optional Redemption. (a) At any time prior to December 15April 1, 20052014, MagnaChip the Issuers may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) Indenture, upon not less than 30 nor more than 60 days’ notice, at a redemption price of 100equal to 111.500% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%Notes redeemed, plus accrued and unpaid interest and Liquidated Damagesinterest, if any, to the date of redemption date, (subject to the rights of Holders of Notes on the relevant record date to receive interest on the relevant Interest Payment Date) with the net cash proceeds of from one or more Public Qualified Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its SubsidiariesOfferings; provided that:
(1A) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this the Indenture (excluding Floating Rate Notes held directly or indirectly by MagnaChip and the Company or any of its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2B) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributionsOffering.
(b) On At any time prior to April 1, 2014, the Issuers may on any one or after December 15, 2005, MagnaChip may more occasions redeem all or a part of the Floating 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 the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Liquidated Damages, if any, on the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 of the years indicated below, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 % 2006 102 % 2007 101 % 2008 and thereafter 100 % At any time prior to December 15, 2005, MagnaChip may also redeem all or a part of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), upon not less than 30 nor more than 60 days’ prior notice mailed by first-class mail to each holder’s registered addressnotice, at a redemption price equal to 100% of the principal amount of Floating Rate the Notes redeemed redeemed, plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damagesinterest, if any, to the redemption dateapplicable date of redemption, subject to the rights of holders of Floating Rate Notes Holders on the relevant record date to receive interest due on the relevant Interest Payment Date.
(c) Except pursuant to the preceding paragraphs, the Notes will not be redeemable at the Company’s option prior to April 1, 2014.
(d) On or after April 1, 2014, the Issuers 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 on the applicable redemption date) set forth below, plus accrued and unpaid interest, if any, on the Notes redeemed, to the applicable redemption date, subject to the rights of Holders on the relevant record date to receive interest payment date. on the relevant Interest Payment Date: Year Percentage On or after April 1, 2014 105.750 % On or after April 1, 2015 100.000 % Unless MagnaChip defaults the Issuers default in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Sources: Indenture (PRETIUM CANADA Co)
Optional Redemption. (a) At any time prior to December 15June 1, 20052019, MagnaChip the Issuers may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after Indenture, upon notice as provided in the Issue Date) Indenture, at a redemption price of 100equal to 106.250% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%Notes redeemed, plus accrued and unpaid interest and Liquidated Damagesinterest, if any, to the date of redemption date(subject to the rights of Holders on the relevant record date to receive interest on the relevant Interest Payment Date), with an amount of cash not greater than the net cash proceeds of one or more Public an Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; Offering, provided that:
(1A) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this the Indenture (excluding Floating Rate Notes held by MagnaChip the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2B) the redemption occurs within 90 120 days of after the date of the closing of such Public Equity Offering or equity contributionsOffering.
(b) On At any time prior to June 1, 2019, the Issuers may on any one or after December 15, 2005, MagnaChip may more occasions redeem all or a part of the Floating Rate Notes, upon notice as provided in the Indenture, at a redemption price equal to 100% of the principal amount of the Notes redeemed, plus the Applicable Premium as of the redemption date, plus accrued and unpaid interest, if any, to the date of redemption, subject to the rights of Holders on the relevant record date to receive interest due on the relevant Interest Payment Date.
(c) The Issuers may redeem Notes when permitted by, and pursuant to the conditions in, Section 4.15(e) of the Indenture.
(d) Except pursuant to the preceding paragraphs, the Notes will not less than 30 nor be redeemable at the Issuers’ option prior to June 1, 2019.
(e) On and after June 1, 2019, the Issuers may on any one or more than 60 days’ prior occasions redeem all or a part of the Notes, upon notice mailed by first-class mail to each holder’s registered addressas provided in the Indenture, at the redemption prices (expressed as percentages of principal amount) set forth below below, plus accrued and unpaid interest and Liquidated Damagesinterest, if any, on the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 June 1 of the years indicated below, subject to the rights of holders of Floating Rate Notes Holders on the relevant record date to receive interest due on the relevant interest payment dateInterest Payment Date: 2005 103 Year Percentage 2019 104.688 % 2006 102 2020 103.125 % 2007 101 2021 101.563 % 2008 2022 and thereafter 100 100.000 % At any time prior to December 15, 2005, MagnaChip may also redeem all or a part of Unless the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), 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 Floating Rate Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip defaults Issuers default in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Sources: Indenture (Parsley Energy, Inc.)
Optional Redemption. (a) At any time prior to December February 15, 20052017, MagnaChip the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) Indenture, upon not less than 30 nor more than 60 days’ notice, at a redemption price of 100equal to 108.875% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%Notes redeemed, plus accrued and unpaid interest and Liquidated DamagesAdditional Interest, if any, to the date of redemption (subject to the rights of Holders of Notes on a relevant record date to receive interest on an Interest Payment Date occurring on or prior to the redemption date, ) with the net cash proceeds of one an Equity Offering by the Company or more Public Equity Offerings or a contribution to MagnaChipthe Company’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering by any direct or indirect parent company of US LLC or any of its Subsidiariesthe Company; provided that:
(1A) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this the Indenture (excluding Floating Rate Notes held by MagnaChip the Company, any direct or indirect parent of the Company and its SubsidiariesAffiliates) remains remain outstanding immediately after the occurrence of such redemption; and
(2B) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributionsOffering.
(b) On or after December At any time prior to February 15, 20052017, MagnaChip the Company may on any one or more occasions redeem all or a part of the Floating Rate Notes, upon not less than 30 nor more than 60 days’ notice, 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 and Additional Interest, if any, to the redemption date, subject to the rights of Holders on a relevant record date to receive interest due on an Interest Payment Date occurring on or prior notice mailed by first-class mail to each holderthe redemption date.
(c) Except pursuant to the preceding paragraphs (a) and (b), the Notes will not be redeemable at the Company’s registered addressoption prior to February 15, 2017.
(d) On or after February 15, 2017, the Company 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 Liquidated DamagesAdditional Interest, if any, on the Floating Rate Notes redeemed, to the applicable redemption datedate of redemption, if redeemed during the twelve12-month period beginning on December February 15 of the years indicated below, subject to the rights of holders of Floating Rate Notes Holders on the a relevant record date to receive interest due on the relevant interest payment date: 2005 103 % 2006 102 % 2007 101 % 2008 and thereafter 100 % At any time an Interest Payment Date occurring on or prior to December 15, 2005, MagnaChip may also redeem all or a part of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), 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 Floating Rate Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damages, if any, to the redemption date: Year Percentage 2017 106.656 % 2018 104.438 % 2019 102.219 % 2020 and thereafter 100.000 % In connection with any redemption of the Notes (including with the net cash proceeds of an Equity Offering), any such redemption may, at the Company’s discretion, be subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment dateone or more conditions precedent. Unless MagnaChip the Company defaults in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Sources: Indenture (BioScrip, Inc.)
Optional Redemption. (a) At any time prior to December 15, 2005, MagnaChip The Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the this Indenture (including any Floating Rate Additional Notes issued after the Issue Dateamount of PIK Notes, if any, applied as provided under Section 4.21 hereof) at a redemption price of 100105.625% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%, plus accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, with the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its SubsidiariesOfferings; provided that:
(1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip the Company and its SubsidiariesSubsidiaries but including the amount of PIK Notes, if any, applied as provided under Section 4.21 hereof) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributionsOffering.
(b) On At any time on or after December prior to March 15, 20052011, MagnaChip the Company may redeem all or a part of the Floating Rate Notes, in whole but not in part, upon not less than 30 nor more than 60 days’ ' prior notice mailed by first-class mail to each holder’s registered addressnotice, at a redemption price of 122.50% of the redemption prices (expressed as percentages of principal amount) set forth below amount thereof, plus accrued and unpaid interest and Liquidated Damages, if any, on the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 of the years indicated below, subject to the rights of holders Holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 ; provided, however, that if prior to the date of such redemption, the Payment in Kind has been made pursuant to Section 4.21 hereof, then the redemption price will be 111.25% 2006 102 % 2007 101 % 2008 of the principal amount, plus accrued and thereafter 100 % unpaid interest 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.
(c) At any time prior to December after March 15, 20052011, MagnaChip the Company may also redeem all or a part of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date)Notes, in whole but not in part, upon not less than 30 nor more than 60 days’ ' prior notice mailed by first-class mail to each holder’s registered addressnotice, at a redemption price equal to 100% of the principal amount of Floating Rate Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damages, if any, to the redemption dateMake-Whole Price, subject to the rights of holders Holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip defaults The notice of redemption with respect to the redemption described in this Section 3.07(c) need not set forth the payment Make-Whole Price but only the manner of calculation thereof. The Company will notify the Trustee of the Make-Whole Price with respect to any redemption price, interest will cease promptly after the calculation and the Trustee shall not be responsible for such calculation.
(d) Any redemption pursuant to accrue on this Section 3.07 shall be made pursuant to the Floating Rate Notes or portions thereof called for redemption on the applicable redemption dateprovisions of Sections 3.01 through 3.06 hereof.
Appears in 1 contract
Optional Redemption. (a) At any time prior to December January 15, 20052017, MagnaChip the Issuer may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including calculated after giving effect to the issuance of any Floating Rate Additional Notes issued after the Issue DateNotes) at a redemption price of 100107.375% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%Notes redeemed, plus accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, subject to the rights of Holders on the relevant regular record date to receive interest due on the relevant Interest Payment Date that is on or prior to the applicable redemption date, with the net cash proceeds of one or more Public Qualified Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its SubsidiariesOfferings; provided that:
(1i) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this the Indenture (calculated after giving effect to the original issuance of any Additional Notes) (excluding Floating Rate Notes held by MagnaChip the Issuer and its Subsidiaries) remains outstanding immediately after the occurrence of each such redemption; and
(2ii) the redemption occurs within 90 120 days of the date of the closing of such Public Qualified Equity Offering or equity contributionsOffering.
(b) On or after December January 15, 20052017, MagnaChip the Issuer may redeem on any one or more occasions all or a part of the Floating 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, Notes at the redemption prices (expressed as percentages of principal amount) set forth below below, plus accrued and unpaid interest and Liquidated Damages, if any, on the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during on or after the twelve-month period beginning on December 15 of the years dates indicated below, subject to the rights of holders Holders on the relevant regular record date to receive interest due on the relevant interest payment date that is on or prior to the applicable redemption date: For the Period Percentage On or after January 15, 2017 103.688 % On or after January 15, 2018 101.844 % January 15, 2019 and thereafter 100.000 %
(c) At any time prior to January 15, 2017, the Issuer may on any one or more occasions redeem all or a part of Floating Rate the Notes at a redemption price equal to 100.000% of the principal amount of the Notes redeemed plus the Applicable Premium as of, and accrued and unpaid interest on the Notes redeemed to, the applicable redemption date, subject to the rights of Holders on the relevant regular record date to receive interest due on the relevant interest payment date that is on or prior to the applicable redemption date.
(d) During any twelve-month period prior to January 15, 2017, the Issuer may redeem up to 10% of the original principal amount of the Notes during each twelve-month period, upon not less than 30 nor more than 60 days’ notice, at a redemption price equal to 103.000% of the principal amount of the Notes redeemed, plus accrued and unpaid interest to the applicable redemption date, subject to the right of Holders of the Notes on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 % 2006 102 % 2007 101 % 2008 and thereafter 100 % At any time date that is on or prior to December 15, 2005, MagnaChip may also redeem all or a part of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), 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 applicable redemption price equal to 100% of the principal amount of Floating Rate Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip the Issuer defaults in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption date. Any redemption pursuant to this Section 5 shall be made pursuant to the provisions of Sections 3.01 through 3.06 of the Indenture.
Appears in 1 contract
Sources: Indenture (Lmi Aerospace Inc)
Optional Redemption. (a) At any time prior to December March 15, 20052020, MagnaChip the Issuers may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) this Indenture, upon notice as provided in this Indenture, at a redemption price of 100equal to 109.250% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%Notes redeemed, plus accrued and unpaid interest and Liquidated Damagesinterest, if any, to the date of redemption (subject to the rights of Holders on the relevant record date to receive interest on the relevant interest payment date), with an amount of cash not greater than the net cash proceeds of one or more Public an Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its SubsidiariesOffering; provided that:
(1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 180 days of after the date of the closing of such Public Equity Offering or equity contributionsOffering.
(b) On or after December At any time prior to March 15, 20052020, MagnaChip may the Issuers may, on any one or more occasions, redeem all or a part of the Floating Rate Notes, upon notice as provided in this Indenture, at a redemption price equal to the sum of:
(1) 100% of the principal amount of the Notes redeemed, plus
(2) the Applicable Premium as of the redemption date, plus accrued and unpaid interest, if any, 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.
(c) Except pursuant to Section 3.07(a), (b) or (e), the Notes will not less than 30 nor be redeemable at the Issuers’ option prior to March 15, 2020.
(d) On or after March 15, 2020, the Issuers may on any one or more than 60 days’ prior occasions redeem all or a part of the Notes, upon notice mailed by first-class mail to each holder’s registered addressas provided in this Indenture, at the redemption prices (expressed as percentages of principal amount) set forth below below, plus accrued and unpaid interest and Liquidated Damagesinterest, if any, on the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December March 15 of the years indicated below, subject to the rights of holders of Floating Rate Notes Holders on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 2020 106.938 % 2006 102 2021 104.625 % 2007 101 2022 102.313 % 2008 2023 and thereafter 100 100.000 % At any time prior to December 15, 2005, MagnaChip may also redeem all or a part of Unless the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), 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 Floating Rate Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip defaults Issuers default in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption date.
(e) The Issuers may redeem all (but not a portion of) the then outstanding Notes when permitted by, and pursuant to the conditions in, Section 4.15(e) hereof.
(f) Any redemption pursuant to this Section 3.07 shall be made pursuant to the applicable provisions of this Article 3.
Appears in 1 contract
Sources: Indenture (Jones Energy, Inc.)
Optional Redemption. (a) At any time prior to December 15, 2005, MagnaChip may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) at a redemption price of 100% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%, plus accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, with the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; provided that:
(1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributions.
(b) On or after December 15April 28, 20052015, MagnaChip the Company may redeem all or a part of the Floating Rate Notes, Notes upon not less than 30 10 nor more than 60 days’ prior notice mailed by first-class mail (in the case of redemptions upon less than 30 days’ notice, if any Global Notes are outstanding, subject to each holder’s registered addressthe ability of the Depositary to process such redemption on the date specified in such notice), at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Liquidated Damages, if any, on the Floating Rate Notes redeemedredeemed to, to but not including, the applicable redemption date, if redeemed during the twelve-twelve month period beginning on December 15 April 28 of the years indicated below, subject to the rights of holders Holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment Interest Payment Date for periods prior to such redemption date: 2005 103 2015 103.232 % 2006 102 2016 101.616 % 2007 101 % 2008 2017 and thereafter 100 100.000 % At any time prior to December 15, 2005, MagnaChip may also redeem all or a part of Unless the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), 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 Floating Rate Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip Company defaults in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption date. At any time prior to April 28, 2015, the Company may also redeem all or a part of the Notes, upon not less than 10 nor more than 60 days’ notice (in the case of redemptions upon less than 30 days’ notice, if any Global Notes are outstanding, subject to the ability of Depositary to process such redemption on the date specified in such notice), 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 to, but not including, 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 for periods prior to such date of redemption.
(b) Notwithstanding the provisions of subparagraph (a) of this Paragraph 5, at any time prior to April 28, 2016, 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 of 106.464% of the principal amount, plus accrued and unpaid interest to, but not including, the redemption date, with the net cash proceeds of one or more sales of Equity Interests (other than Disqualified Stock) of the Company or contributions to the Company’s common equity capital made with the net cash proceeds of one or more sales of Equity Interests (other than Disqualified Stock) of Parent; provided that:
(1) at least 65% of the aggregate principal amount of Notes issued under the Indenture (excluding Notes held by the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
Appears in 1 contract
Optional Redemption. Except as described below, the 2019 Notes will not be redeemable at the Company’s option prior to August 15, 2019.
(a) At any time prior to December August 15, 20052014, MagnaChip the 2019 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 2019 Notes to be redeemed plus the Applicable Premium as of, and accrued and unpaid interest, if any, and Additional Interest, if any, to, the redemption date.
(b) During the period after the date of original issuance of the 2019 Notes until August 15, 2012, the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate the 2019 Notes originally issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) at a redemption price of 100108.250% of the principal amount thereof, plus of the LIBOR Rate in effect 2019 Notes to be redeemed on the redemption date of the redemption notice plus 3.25%, plus accrued and unpaid interest interest, if any, and Liquidated DamagesAdditional Interest, if any, to the redemption date, date with the net cash proceeds of one or more Public Equity Offerings (1) by the Company or a contribution (2) by the Guarantor, to MagnaChip’s common equity capital made with the extent the net cash proceeds thereof are contributed to the common equity capital of a concurrent Public Equity Offering the Company or used to purchase Capital Stock (other than Disqualified Stock) of US LLC or any of its Subsidiariesthe Company from it; provided that:
(1i) at least 65% of the aggregate principal amount of Floating Rate the 2019 Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption, excluding any 2019 Notes held by the Company or any of its Subsidiaries; and
(2ii) the redemption occurs within 90 ninety (90) days of the date of the closing of such Public the Equity Offering. Notice of any redemption upon any Equity Offering may be given prior to the redemption thereof, and any such redemption or equity contributions.
(bnotice may, at the Company’s discretion, be subject to one or more conditions precedent, including, but not limited to, completion of the related Equity Offering. Except pursuant to the preceding paragraphs under Section 3.07(b) of the Indenture, the 2019 Notes will not be redeemable at the Company’s option prior to August 15, 2014. On or after December August 15, 20052014, MagnaChip the Company may redeem all or a part of the Floating Rate Notes, 2019 Notes upon not less than 30 thirty (30) nor more than 60 sixty (60) days’ prior notice mailed by first-class mail to each holder’s registered addressnotice, at the redemption prices (expressed as percentages of principal amount) amount set forth below plus accrued and unpaid interest interest, if any, and Liquidated DamagesAdditional Interest, if any, on the Floating Rate 2019 Notes redeemed, redeemed to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 of the years indicated below, subject to the rights right of holders Holders of Floating Rate Notes 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 August 15 of the years indicated below: 2005 103 2014 104.125 % 2006 102 2015 102.750 % 2007 101 2016 101.375 % 2008 2017 and thereafter 100 % At 100.000 %
(c) The Indenture provides that, with respect to any time prior to December 15such redemption, 2005, MagnaChip may also redeem all or a part the Company will notify the Trustee of the Floating Rate Applicable Premium with respect to the 2019 Notes (including any Floating Rate Additional Notes issued promptly after the Issue Date), upon calculation and the Trustee will 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 Floating Rate be responsible for such calculation. The 2019 Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, are not subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip defaults in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption datemandatory redemption.
Appears in 1 contract
Sources: Indenture (Sba Communications Corp)
Optional Redemption. (a) At any time on or prior to December February 15, 20052020 the Issuer may, MagnaChip may at its option on any one or more occasions occasions, redeem up Notes in an aggregate principal amount not to exceed 35% of the aggregate principal amount of Floating Rate Notes issued under the this Indenture (including any Floating Rate Additional Notes issued after the Issue Date) at a redemption price of 100106.00% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%amount, plus accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, with the net cash proceeds Net Cash Proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its SubsidiariesOfferings; provided that:
(1i) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip and its Subsidiaries) remains outstanding immediately after the occurrence of such redemptionredemption (excluding Notes held by the Issuer and its Subsidiaries); and
(2ii) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributionsOffering.
(b) On or after December At any time prior to February 15, 20052020, MagnaChip the Issuer may redeem all or a part of the Floating Rate Notes, upon not less than 30 nor more than 60 days’ prior notice mailed by first-class mail to the registered address of each holder’s registered addressHolder or otherwise delivered in accordance with the procedures of DTC, at a redemption price equal to 100% of the redemption prices (expressed principal amount of the Notes redeemed plus the Applicable Premium as percentages of principal amount) set forth below plus of, and accrued and unpaid interest and Liquidated Damagesto, if any, on the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 date of the years indicated belowredemption, subject to the rights of the holders of Floating Rate Notes record on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 % 2006 102 % 2007 101 % 2008 and thereafter 100 % At .
(c) Except pursuant to the preceding paragraphs, the Notes will not be redeemable at the Issuer’s option prior to February 15, 2020.
(d) The Notes will be redeemable at the option of the Issuer, in whole or in part, at any time prior to December on or after February 15, 20052020 at the redemption prices (expressed as a percentage of principal amount) set forth below, MagnaChip may also redeem all or a part of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), 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 Floating Rate Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damagesthereon, if any, to the redemption date, date (subject to the rights right of holders of Floating Rate Notes 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 February 15 of the years indicated below: Year Redemption Price 2020 104.500 % 2021 103.000 % 2022 101.500 % 2023 and thereafter 100.000 % Unless MagnaChip the Issuer defaults in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Sources: Indenture (Koppers Holdings Inc.)
Optional Redemption. (a) At any time prior to December June 15, 20052018, MagnaChip the Issuer may on any one or more occasions redeem up to 3540% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) Notes, upon not less than 15 nor more than 60 days’ prior notice, at a redemption price of 100equal to 106.125% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%Notes redeemed, plus accrued and unpaid interest and Liquidated Damagesinterest, if any, to the redemption datedate of redemption, with an amount of cash equal to the net cash proceeds of from one or more Public Equity Offerings or a contribution consummated after the Issue Date, subject to MagnaChip’s common equity capital made with the net cash proceeds rights of a concurrent Public Equity Offering of US LLC or any of its SubsidiariesHolders on the relevant record date to receive interest due on the relevant Interest Payment Date; provided that:
(1i) at least 6550% of the aggregate principal amount of Floating Rate the Notes originally issued under this the Indenture (excluding Floating Rate Notes held by MagnaChip the Issuer, its Subsidiaries and its Subsidiariesparent entities) remains outstanding immediately after the occurrence of such redemptionredemption (unless all such Notes are concurrently repurchased or redeemed pursuant to another provision described under Section 3.07 of the Indenture or otherwise repurchased); and
(2ii) the redemption occurs within 90 180 days of the date of the closing of such Public Equity Offering or equity contributionsOfferings.
(b) On or after December At any time prior to June 15, 20052020, MagnaChip the Issuer may on any one or more occasions redeem all or a part of the Floating Rate Notes, upon not less than 30 15 nor more than 60 days’ prior notice mailed by first-class mail notice, at a redemption price equal to each holder100% of the principal amount of Notes redeemed plus the Applicable Premium as of, and accrued and unpaid interest, if any, 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.
(c) Except pursuant to the preceding paragraphs, the Notes will not be redeemable at the Issuer’s registered addressoption prior to June 15, 2020.
(d) On or after June 15, 2020, the Issuer may on any one or more occasions redeem all or a part of the Notes, upon not less than 15 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 Liquidated Damagesinterest, if any, on the Floating Rate Notes redeemed, to the applicable redemption datedate of redemption, if redeemed during the twelve12-month period beginning on December June 15 of the years indicated below, subject to the rights of holders of Floating Rate Notes Holders on the relevant record date to receive interest due on the relevant interest payment dateInterest Payment Date: 2005 103 2020 103.063 % 2006 102 2021 102.042 % 2007 101 2022 101.021 % 2008 2023 and thereafter 100 % At any time prior to December 15, 2005, MagnaChip may also redeem all or a part of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), 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 Floating Rate Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip defaults in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption date.100.000 %
Appears in 1 contract
Sources: Indenture (TerraForm Power, Inc.)
Optional Redemption. (a) At any time prior to December April 15, 20052028, MagnaChip may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) at a redemption price of 100% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%, plus accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, with the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; provided that:
(1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributions.
(b) On or after December 15, 2005, MagnaChip Issuer may redeem all or a part of the Floating Rate Notes, upon not less than 30 10 nor more than 60 days’ prior notice mailed by first-class mail to each holder’s registered address, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Liquidated Damages, if any, on the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 of the years indicated below, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 % 2006 102 % 2007 101 % 2008 and thereafter 100 % At any time prior to December 15, 2005, MagnaChip may also redeem all or a part of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), upon not less than 30 nor more than 60 days’ prior notice mailed by first-class mail to each holder’s registered addressnotice, at a redemption price equal to 100% of the principal amount of Floating Rate the Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damagesinterest, if any, to but not including the date of redemption date(the “Redemption Date”), subject to the rights of holders Holders of Floating Rate Notes on the relevant record date Record Date to receive interest due on the relevant interest payment date. Unless MagnaChip defaults in Interest Payment Date.
(b) Prior to April 15, 2028, the payment Issuer may, at its option, redeem up to 40% of the sum of the aggregate principal amount of all Notes issued under this Indenture at a redemption priceprice equal to 104.375% of the aggregate principal amount thereof, interest will cease plus accrued and unpaid interest, if any, to accrue but not including the applicable Redemption Date, subject to the right of Holders of Notes on the Floating Rate Notes or portions thereof called for redemption relevant Record Date to receive interest due on the relevant Interest Payment Date, with the net cash proceeds of one or more Equity Offerings of the Company or any direct or indirect parent of the Company to the extent such net proceeds are contributed to the Company; provided that at least 50% of the sum of the aggregate principal amount of Notes originally issued under this Indenture and any Additional Notes issued under this Indenture after the Issue Date remain outstanding immediately after the occurrence of each such redemption and each such redemption occurs within 90 days of the date of closing of each such Equity Offering.
(c) Except pursuant to clause (a) or (b) of this Section 3.06, the Notes will not be redeemable at the Issuer’s option prior to April 15, 2028.
(d) On or after April 15, 2028, the Issuer may redeem the Notes, in whole or in part, upon not less than 10 nor more than 60 days’ prior notice, at the redemption prices (expressed as percentages of principal amount of the Notes to be redeemed) set forth below, plus accrued and unpaid interest, if any, thereon to but not including the applicable Redemption Date, subject to the right of Holders of Notes 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 April 15 of each of the years indicated below: Year Percentage 2028 102.18750% 2029 101.09375% 2030 and thereafter 100.00000%
(e) Any redemption datepursuant to this Section 3.06 shall be made pursuant to the provisions of Sections 3.01 through 3.05 hereof.
Appears in 1 contract
Sources: Indenture (Aramark)
Optional Redemption. (a) At any time prior to December February 15, 20052024, MagnaChip the Company may on any one or more occasions redeem up to 3540% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) Notes, upon not less than 10 nor more than 60 days’ notice, at a redemption price of 100equal to 103.625% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%Notes redeemed, plus accrued and unpaid interest and Liquidated Damagesinterest, if any, to the redemption date, with an amount equal to the net cash proceeds of one or more Public Equity Offerings or a contribution equity offerings, subject to MagnaChip’s common equity capital made with the net cash proceeds rights of a concurrent Public Equity Offering Holders of US LLC or any of its Subsidiariesthe Notes on the relevant record date to receive interest due on the relevant interest payment date; provided that:
(1i) at least 6550% of the aggregate principal amount of Floating Rate Notes originally issued under this the Supplemental Indenture (excluding Floating Rate Notes held by MagnaChip the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2ii) the redemption occurs within 90 180 days of the date of the closing of such Public Equity Offering or equity contributionsoffering.
(b) On or after December At any time prior to February 15, 20052026, MagnaChip the Company may on any one or more occasions redeem all or a part of the Floating Rate Notes, upon not less than 30 10 nor more than 60 days’ prior notice mailed by first-class mail to each holder’s registered addressnotice, at a redemption price equal to 100% of the redemption prices (expressed principal amount of the Notes redeemed, plus the Applicable Premium as percentages of principal amount) set forth below plus calculated by the Company, as of, and accrued and unpaid interest and Liquidated Damagesinterest, if any, on the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 date of the years indicated belowredemption, subject to the rights of holders Holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 % 2006 102 % 2007 101 % 2008 and thereafter 100 % At any time .
(c) Except pursuant to the preceding paragraphs, the Notes will not be redeemable at the Company’s option prior to December February 15, 20052026.
(d) On or after February 15, MagnaChip 2026, the Company may also on any one or more occasions redeem all or a part of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date)Notes, upon not less than 30 10 nor more than 60 days’ prior notice mailed by first-class mail to each holder’s registered addressnotice, at a the redemption price equal to 100% prices (expressed as percentages of the principal amount of Floating Rate Notes redeemed amount) set forth below, plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damagesinterest, if any, on the Notes redeemed, to the redemption dateapplicable date of redemption, if redeemed during the twelve-month period beginning on February 15 of the years indicated below, subject to the rights of holders Holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip defaults in : 2026 101.813 % 2027 101.208 % 2028 100.604 % 2029 and thereafter 100.000 % Any redemption pursuant to this Section 5 shall be made pursuant to the payment provisions of Sections 3.01 through 3.07 of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption dateSupplemental Indenture.
Appears in 1 contract
Optional Redemption. (a) At any time prior to December 15June 1, 20052016, MagnaChip the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the this Indenture (including any Floating Rate Additional Notes issued after the Issue Date) Notes, if any), upon not less than 30 nor more than 60 days’ notice at a redemption price of 100equal to 104.625% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%amount, plus accrued and unpaid interest and Liquidated Damagesinterest, if any, to the redemption date, with (subject to the rights of Holders of Notes on the relevant record date to receive interest on the relevant interest payment date) in an amount not to exceed the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with of the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its SubsidiariesCompany; provided that:
(1) at least 6550% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributionsOffering.
(b) On At any time prior to June 1, 2016, the Company may on any one or after December 15, 2005, MagnaChip may more occasions redeem all or a part of the Floating Rate notes, upon not less than 30 nor more than 60 days’ notice, 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 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.
(c) Except pursuant to the preceding paragraphs of this Section 3.07, the Notes will not be redeemable at the Company’s option prior to June 1, 2016.
(d) On or after June 1, 2016, the Company 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’ prior notice mailed by first-class mail to each holder’s registered addressnotice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Liquidated Damages, if any, on the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 June 1 of the years indicated below, subject to the rights of holders Holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 2016 103.469 % 2006 102 2017 102.313 % 2007 101 2018 101.156 % 2008 2019 and thereafter 100 100.000 % At any time prior to December 15, 2005, MagnaChip may also redeem all or a part of Unless the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), 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 Floating Rate Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip Company defaults in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable 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.
Appears in 1 contract
Optional Redemption. Except as set forth in the next two paragraphs below, the Securities may not be redeemed at the option of the Company prior to July 15, 2003. On and after that date, the Company may redeem the Securities in whole at any time or in part from time to time at the following redemption prices (a) At expressed in percentages of Accreted Value), plus accrued interest to the redemption date (subject to the right of Holders of record on the relevant record date to receive interest due on the related interest payment date): if redeemed during the 12-month period commencing on July 15 of the years set forth below: PERIOD PERCENTAGE 2003 106% 2004 100 In addition, at any time prior to December July 15, 20052001, MagnaChip the Company may on any one or more occasions redeem up to 35% of the aggregate original principal amount at maturity of Floating Rate Notes issued under Securities with the Indenture (including proceeds of a Public Equity Offering following which there is a Public Market, at any Floating Rate Additional Notes issued after the Issue Date) time or from time to time, at a redemption price (expressed as a percentage of 100Accreted Value) of 112% plus accrued interest to redemption date (subject to the right of Holders of record on the relevant record date to receive interest due on the related interest payment date); PROVIDED, HOWEVER, that at least $65.0 million principal amount thereofat maturity of Securities remains outstanding and is held, plus directly or indirectly, by Persons other than the LIBOR Rate in effect on the date of the redemption notice plus 3.25%, plus accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, with the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; provided that:
(1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip Company and its Subsidiaries) remains outstanding immediately Affiliates, after the occurrence of each such redemption; and
(2) the redemption and that any such redemption occurs within 90 60 days of the date of following the closing of any such Public Equity Offering or equity contributions.
(b) On or after December 15Offering. The Securities may be redeemed, 2005at the option of Millenium, MagnaChip may redeem all or at any time as a part of the Floating Rate Noteswhole but not in part, upon on not less than 30 nor more than 60 days’ prior ' written notice mailed by first-class mail to each holder’s registered addressHolder, at 100% of the redemption prices (expressed as percentages of principal amount) set forth below Accreted Value thereof, plus accrued and unpaid interest and Liquidated Damages, if any, on the Floating Rate Notes redeemed, to the applicable date of redemption date, if redeemed during the twelve-month period beginning on December 15 of the years indicated below, (subject to the rights right of holders Holders of Floating Rate Notes record on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 % 2006 102 % 2007 101 % 2008 ), in the event the Company or the Subsidiary Guarantors, as the case may be, has become or would become obligated for reasons outside of its control, and thereafter 100 % At after taking reasonable measures to avoid such obligation, to pay, on the next date on which any time prior amount would be payable with respect to December 15the Securities, 2005, MagnaChip may also redeem all any Additional Amounts on the Securities or Subsidiary Guarantees pursuant to the terms and conditions thereof as a part result of a change in or an amendment to the Floating Rate Notes laws (including any Floating Rate Additional Notes issued regulations or rulings promulgated thereunder) of the Cayman Islands, Liberia or Cyprus (or any relevant jurisdiction, political subdivision or taxing authority thereof or therein), or any change in or amendment to any official position regarding the application or interpretation of such laws, regulations or rulings (including a holding by a court of competent jurisdiction), which change or amendment is announced or becomes effective on or after the Issue Date)date of this Offering Circular; PROVIDED, upon not less than 30 nor more HOWEVER, that (a) no such notice of redemption shall be given earlier than 60 days’ days prior notice mailed by first-class mail to each holder’s registered addressthe earliest date on which the Company or the Subsidiary Guarantors, at as the case may be, would be obligated to pay such Additional Amounts if a redemption price equal to 100% payment in respect of the principal amount of Floating Rate Notes redeemed plus Securities or the Floating Rate Second Priority Notes Applicable Premium as ofSubsidiary Guaranty were then due, and accrued and unpaid interest and Liquidated Damages(b) at the time any such redemption notice is given, if anysuch obligation to pay Additional Amounts must remain in effect. Prior to any redemption of the Securities, the Company shall deliver to the Trustee or any paying agent an Officer's Certificate stating that Millenium is entitled to effect such redemption date, subject and setting forth a statement of facts showing that the conditions precedent to the rights of holders of Floating Rate Notes on the relevant record date right to receive interest due on the relevant interest payment date. Unless MagnaChip defaults in the payment of the effect such redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption datehave occurred.
Appears in 1 contract
Optional Redemption. (a) At any time Except as set forth in subparagraph (b) and (c) of this Paragraph 5, the Company shall not have the option to redeem the Notes prior to December 15, 2005, MagnaChip may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) at a redemption price of 100% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%, plus accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, with the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; provided that:
(1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip and its Subsidiaries) remains outstanding immediately after the occurrence final maturity of such redemption; and
(2) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributionsNotes.
(b) On or after December 15, 2005, MagnaChip may redeem all or a part The Notes shall be subject to redemption at the option of the Floating Rate NotesCompany, in whole or in part, at any time, upon not less than 30 nor more than 60 days’ prior ' notice mailed by first-class mail to each holder’s registered addressHolder of Notes to be redeemed at such Holder's address appearing in the applicable Note Register, in amounts of $1,000 or an integral multiple of $1,000, at a Redemption Price equal to the redemption prices greater of (expressed as percentages i) 100% of their principal amount or (ii) the sum of the present values of the remaining scheduled payments of principal amountand interest thereon discounted to maturity on a semi-annual basis (assuming a 360-day year consisting of twelve 30-day months) set forth below at the Treasury Yield plus 50 basis points, plus in each case accrued and but unpaid interest and Liquidated Damages, if any, on (including Special Interest) to but excluding the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 of the years indicated below, Redemption Date (subject to the rights right of holders Holders of Floating Rate Notes record on the relevant record date Regular Record Date to receive interest due on an Interest Payment Date that is on or prior to the relevant interest payment date: 2005 103 % 2006 102 % 2007 101 % 2008 and thereafter 100 % Redemption Date).
(c) At any time, or from time to time, prior to December 151, 20052004, MagnaChip may also redeem all or a part up to 33-1/3% in aggregate principal amount of the Floating Rate Notes originally issued under the Indenture shall be redeemable, at the option of the Company, from the net proceeds of one or more Public Offerings of Capital Stock (including any Floating Rate Additional Notes issued after the Issue Date), upon not less other than 30 nor more than 60 days’ prior notice mailed by first-class mail to each holder’s registered addressRedeemable Interests) of Allied, at a redemption price Redemption Price equal to 100108.500% of the principal amount of Floating Rate Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as ofthereof, and together with accrued and but unpaid interest and Liquidated Damages, if any, (including Special Interest) to the redemption date, Redemption Date (subject to the rights right of holders Holders of Floating Rate Notes record on the relevant record date Regular Record Date to receive interest due on an Interest Payment Date that is on or prior to the relevant interest payment date. Unless MagnaChip defaults in Redemption Date); provided that the payment notice of redemption with respect to any such redemption is mailed within 30 days following the closing of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption date.corresponding Public Offering. EXHIBIT A
Appears in 1 contract
Sources: Eighth Supplemental Indenture (Allied Waste Industries Inc)
Optional Redemption. (a) At The Notes may be redeemed, in whole or in part, at any time prior to December July 15, 20052013, MagnaChip may on any one or more occasions redeem up to 35% at the option of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) at a redemption price of 100% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%, plus accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, with the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; provided that:
(1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributions.
(b) On or after December 15, 2005, MagnaChip may redeem all or a part of the Floating Rate Notes, Company upon not less than 30 nor more than 60 days’ prior notice mailed by first-class mail to each holderHolder’s registered address, at a Redemption Price equal to 100% of the redemption prices (expressed principal amount of the Notes redeemed plus the Applicable Premium as percentages of principal amount) set forth below plus of, and accrued and unpaid interest and Liquidated Damagesinterest, if any, on the Floating Rate Notes redeemedto, to but not including, the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 of the years indicated below, date (subject to the rights right of holders of Floating Rate Notes record on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 % 2006 102 % 2007 101 % 2008 and thereafter 100 % At ).
(b) The Notes are subject to redemption, at the option of the Company, in whole or in part, at any time prior to December on or after July 15, 2005, MagnaChip may also redeem all or a part of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), 2013 upon not less than 30 nor more than 60 days’ prior notice mailed by first-class mail to each holderHolder’s registered address, address at a redemption price equal to 100% the following Redemption Prices (expressed as percentages of the principal amount of Floating Rate Notes redeemed to be redeemed) set forth below, plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damagesinterest, if any, to to, but not including, the redemption date, date (subject to the rights right of holders Holders of Floating Rate Notes record on the relevant regular record date to receive interest due on the relevant an interest payment date. Unless MagnaChip defaults in ), if redeemed during the payment 12-month period beginning July 15 of the years indicated: Year Percentage 2013 106.250 % 2014 103.125 % 2015 and thereafter 100 %
(c) At any time, or from time to time, prior to July 15, 2012, the Company may, with the net proceeds of one or more Qualified Equity Offerings, redeem up to 35% of the aggregate principal amount of the outstanding Notes (including Additional Notes) at a Redemption Price equal to112.50% of the principal amount of thereof, together with accrued and unpaid interest thereon, if any, to the date of redemption; provided that at least 65% of the principal amount of the Notes then outstanding (including Additional Notes) remains outstanding immediately after the occurrence of any such redemption price, interest will cease to accrue on (excluding Notes held by American Commercial Lines or its Subsidiaries) and that any such notice of redemption occurs within 90 days following the Floating Rate Notes or portions thereof called for redemption on the applicable redemption dateclosing of any such Qualified Equity Offering.
Appears in 1 contract
Sources: Indenture (Jeffboat LLC)
Optional Redemption. (a) At any time prior to December January 15, 20052026, MagnaChip the Company may on any one or more occasions redeem up to 3540% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) in respect thereof), upon not less than 15 nor more than 60 days’ notice, at a redemption price of 100equal to 108.500% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%Notes redeemed, plus accrued and unpaid interest and Liquidated Damagesinterest, if any, to 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), with an amount equal to all or a portion of the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; Offerings, provided that:
(1i) at least 6560% of the aggregate principal amount of Floating Rate the Notes originally issued under this the Indenture (excluding Floating Rate including any Additional Notes held by MagnaChip and its Subsidiariesin respect thereof) remains outstanding immediately after the occurrence of such redemptionredemption (excluding Notes held by the Company and its Subsidiaries); and
(2ii) the redemption occurs within 90 180 days of the date of the closing of such Public Equity Offering or equity contributionsOffering.
(b) On or after December Prior to January 15, 20052026, MagnaChip the Company may on any one or more occasions redeem all or a part of the Floating Rate Notes, upon not less than 30 15 nor more than 60 days’ notice, at a redemption price equal to:
(i) the principal amount thereof; plus
(ii) the Make Whole Premium for the Notes at the redemption date; plus
(iii) accrued and unpaid interest, if any, to 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 notice mailed by first-class mail to each holderthe redemption date).
(c) Except pursuant to the preceding paragraphs, the Notes will not be redeemable at the Company’s registered addressoption prior to January 15, 2026.
(d) On or after January 15, 2026, the Company may on any one or more occasions redeem all or a part of the Notes, upon not less than 15 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 Liquidated Damagesinterest, if any, on the Floating Rate Notes to be redeemed, to the applicable date of redemption date, if redeemed during the twelve-month period beginning on December 15 of the years indicated below, (subject to the rights of holders of Floating Rate Notes Holders on the relevant record date to receive interest due on the relevant an interest payment date: 2005 103 % 2006 102 % 2007 101 % 2008 and thereafter 100 % At any time date that is on or prior to December 15, 2005, MagnaChip may also redeem all or a part of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), 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 Floating Rate Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damages, if any, to the redemption date), subject to if redeemed during the rights twelve month period beginning on January 15 of holders of Floating Rate Notes on the relevant record date to receive interest due on years indicated below: Year Percentage 2026 104.250% 2027 102.125% 2028 and thereafter 100.000% Unless the relevant interest payment date. Unless MagnaChip Company defaults in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Sources: Indenture (CVR Energy Inc)
Optional Redemption. (a) Except as described below under clauses 5(b) and 5(c) hereof, the Notes will not be redeemable at the Issuer’s option before December 1, 2014.
(b) At any time prior to December 151, 20052014, MagnaChip may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) at a redemption price of 100% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%, plus accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, with the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; provided that:
(1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributions.
(b) On or after December 15, 2005, MagnaChip Issuer may redeem all or a part of the Floating Rate Notes, upon not less than 30 nor more than 60 days’ prior notice mailed delivered electronically or by first-class mail mail, with a copy to the Trustee, to the registered address of each holder’s registered addressHolder or otherwise delivered in accordance with the procedures of DTC, at a redemption price equal to 100% of the redemption prices (expressed principal amount of Notes redeemed plus the Applicable Premium as percentages of principal amount) set forth below of, plus accrued and unpaid interest and Liquidated Damages, if any, on the Floating Rate Notes redeemed, thereon to the applicable date of redemption date, if redeemed during (the twelve-month period beginning on December 15 of the years indicated below“Redemption Date”), subject to the rights right of holders Holders of Floating Rate Notes record on the relevant record date Record Date to receive interest due on the relevant Interest Payment Date.
(c) Until December 1, 2014, the Issuer may redeem up to 35% of the aggregate principal amount of Notes issued by it at a redemption price equal to 111. 0% of the aggregate principal amount thereof, plus accrued and unpaid interest payment date: 2005 103 thereon to 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, with the net cash proceeds received by it from one or more Equity Offerings; provided that at least 65% 2006 102 % 2007 101 % 2008 and thereafter 100 % At of the sum of the aggregate principal amount of Notes originally issued under the Indenture remains outstanding immediately after the occurrence of each such redemption; provided further that each such redemption occurs within 90 days of the date of closing of each such Equity Offering. Notice of any time redemption upon any such Equity Offering may be given prior to December 15the redemption thereof, 2005and any such redemption or notice may, MagnaChip may also redeem all at the Issuer’s discretion, be subject to one or a part more conditions precedent, including, but not limited to, completion of the Floating Rate Notes related Equity Offering.
(including any Floating Rate Additional Notes issued d) On and after December 1, 2014, the Issue Date)Issuer may redeem the Notes, in whole or in part, upon not less than 30 nor more than 60 days’ prior notice mailed delivered electronically or by first-class mail mail, postage prepaid, with a copy to the Trustee, to each holder’s registered addressHolder of Notes at the address of such Holder appearing in the security register, at a the redemption price equal to 100% prices (expressed as percentages of the principal amount of Floating Rate the Notes redeemed to be redeemed) set forth below, plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damages, if any, thereon to the redemption dateapplicable Redemption Date, subject to the rights right of holders Holders of Floating Rate Notes of record on the relevant record date Record Date to receive interest due on the relevant interest payment date. Unless MagnaChip defaults in Interest Payment Date, if redeemed during the payment twelve-month period beginning on December 1 of each of the years indicated below: 2014 105.50 % 2015 102.75 %
(e) Any redemption price, interest will cease pursuant to accrue on this paragraph 5 shall be made pursuant to the Floating Rate Notes or portions thereof called for redemption on provisions of Sections 3.01 through 3.06 of the applicable redemption dateIndenture.
Appears in 1 contract
Sources: Second Supplemental Indenture (SeaWorld Entertainment, Inc.)
Optional Redemption. (a) At any time prior to December February 15, 20052021, MagnaChip the Issuer may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after Indenture, upon notice as provided in the Issue Date) Indenture, at a redemption price of 100equal to 107.000% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%Notes redeemed, plus accrued and unpaid interest and Liquidated Damagesinterest, if any, to the date of redemption date(subject to the rights of Holders of Notes on the relevant record date to receive interest on the relevant Interest Payment Date), with an amount of cash not greater than the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; Offerings, provided that:
(1A) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under the Indenture on the date of this Indenture (excluding Floating Rate Notes held by MagnaChip the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2B) the redemption occurs within 90 180 days of the date of the closing of such Public Equity Offering or equity contributionsOffering.
(b) On or after December At any time prior to February 15, 20052021, MagnaChip the Issuer may on any one or more occasions redeem all or a part of the Floating Rate Notes, upon notice as provided in the Indenture, at a redemption price equal to 100% of the principal amount of the Notes redeemed, plus the Applicable Premium, and accrued and unpaid interest, if any, to the date of redemption, subject to the rights of Holders on the relevant record date to receive interest due on the relevant Interest Payment Date.
(c) The Issuer may redeem all (but not less a portion of) the Notes when permitted by, and pursuant to the conditions in, Section 4.15(e) of the Indenture.
(d) Except pursuant to the preceding paragraphs, the Notes will not be redeemable at the Issuer’s option prior to February 15, 2021. The Issuer will not be, however, prohibited from acquiring the Notes by means other than 30 nor a redemption, whether pursuant to a tender offer, open market purchase or otherwise.
(e) On or after February 15, 2021, the Issuer may on any one or more than 60 days’ prior occasions redeem all or a part of the Notes, upon notice mailed by first-class mail to each holder’s registered addressas provided in the Indenture, at the redemption prices (expressed as percentages of principal amount) set forth below below, plus accrued and unpaid interest and Liquidated Damagesinterest, if any, on the Floating Rate Notes redeemed, to the applicable redemption datedate of redemption, if redeemed during the twelve-month period beginning on December February 15 of the years indicated below, subject to the rights of holders of Floating Rate Notes Holders on the relevant record date to receive interest due on the relevant interest payment dateInterest Payment Date: 2005 103 Year Percentage 2021 105.250 % 2006 102 2022 103.500 % 2007 101 2023 101.750 % 2008 2024 and thereafter 100 100.000 % At any time prior to December 15, 2005, MagnaChip may also redeem all or a part of Unless the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), 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 Floating Rate Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip Issuer defaults in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Sources: Indenture (Berry Petroleum Corp)
Optional Redemption. (a) At any time prior Except as set forth below in this Paragraph 5, the Company will not have the option to December 15, 2005, MagnaChip may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) at a redemption price of 100% of the principal amount thereofprior to May 15, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%, plus accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, with the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; provided that:
(1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributions.
(b) 2009. On or after December May 15, 20052009, MagnaChip the Company may redeem all or a part of the Floating Rate Notes, in whole or in part, upon not less than 30 nor more than 60 days’ ' notice (except that redemption notices may be mailed more than 60 days prior to a redemption date if the notice mailed by first-class mail to each holder’s registered addressis issued in connection with a defeasance of the Floating Rate 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 Liquidated DamagesAdditional Interest, if any, on the Floating Rate Notes redeemed, redeemed to the applicable redemption date, if redeemed during the twelve-month period beginning on December May 15 of the years indicated below, subject to the rights right of holders Holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment dateInterest Payment Date: 2005 103 Year Percentage ---- ---------- 2009.................. 102.000% 2006 102 2010.................. 101.000% 2007 101 % 2008 2011 and thereafter 100 % thereafter... 100.000%
(b) At any time prior to December May 15, 20052009, MagnaChip may the Company may, on any one or more occasions, redeem up to 35% of the sum of the aggregate principal amount of all Floating Rate Notes issued under the Indenture (including the principal amount of any Additional Floating Rate Notes issued under the Indenture and without duplication with respect to Exchange Floating Rate Notes issued under the Indenture) at a redemption price equal to 100% of the aggregate principal amount of the Floating Rate Notes redeemed, plus a premium equal to the interest rate per annum on the Floating Rate Notes in effect on the date on which notice of redemption is given, plus accrued and unpaid interest, and Additional Interest, if any, thereon 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 Floating Rate Notes issued under the Indenture (excluding Floating Rate Notes held by the Company and its Subsidiaries, but including any Additional Floating Rate Notes and without duplication with respect to Exchange Floating Rate Notes issued under the Indenture) remain outstanding immediately after the occurrence of each such redemption; and each such redemption occurs within 90 days of the closing of each such Equity Offering.
(c) At any time prior to May 15, 2009, the Company may, in one or more instances, also redeem all or a part of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date)Notes, upon not less than 30 nor more than 60 days’ ' prior notice mailed by first-class mail to each holder’s Holder's registered address, at a redemption price equal to 100% of the principal amount of Floating Rate Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as ofof the date of redemption, and accrued and unpaid interest and Liquidated DamagesAdditional Interest, if any, to such redemption date (the redemption date"Make-Whole Redemption Date"), subject to the rights of holders Holders of the Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip defaults in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption dateInterest Payment Date.
Appears in 1 contract
Optional Redemption. (a) At any time prior to December June 15, 20052016, MagnaChip may the Issuer may, at its option, on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate calculated after giving effect to the issuance of Additional Notes issued after the Issue Date) Notes), upon not less than 30 nor more than 60 days’ notice, at a redemption price of 100equal to 106.000% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%Notes redeemed, plus accrued and unpaid interest and Liquidated Damagesinterest, if any, to the date of redemption date, (subject to the rights of Holders of Notes on the relevant record date to receive interest on the relevant Interest Payment Date) with an amount of cash equal to the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public an Equity Offering of US LLC or any of its Subsidiariesby Solera; provided that:
(1A) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this the Indenture (calculated after giving effect to the issuance of Additional Notes and excluding Floating Rate Notes held by MagnaChip Solera and its Subsidiaries) remains outstanding immediately after the occurrence of each such redemption; and
(2B) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributionsOffering.
(b) On or after December At any time prior to June 15, 20052017, MagnaChip the Notes may redeem all be redeemed, in whole or a part in part, at the option of the Floating Rate NotesIssuer, upon not less than 30 nor more than 60 days’ notice, 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 the applicable date of redemption, subject to the rights of Holders on the relevant record date to receive interest due on the relevant Interest Payment Date.
(c) Except pursuant to the two preceding paragraphs, the Notes will not be redeemable at the Issuer’s option prior notice mailed by first-class mail to each holder’s registered addressJune 15, 2017.
(d) On or after June 15, 2017, the Issuer may on any one or more occasions redeem all or a part of the Notes, at its option, 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 Liquidated Damagesinterest, if any, on the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December June 15 of the years indicated below, subject to the rights of holders of Floating Rate Notes Holders on the relevant record date to receive interest due on the relevant interest payment dateInterest Payment Date: 2005 103 Year Percentage 2017 103.000 % 2006 102 2018 101.500 % 2007 101 % 2008 2019 and thereafter 100 100.000 % At any time prior to December 15, 2005, MagnaChip may also redeem all or a part of Unless the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), 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 Floating Rate Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip Issuer defaults in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Sources: Indenture (Solera Holdings, Inc)
Optional Redemption. (a) At Prior to December 1, 2022, the Company may, at its option, redeem some or all of the Notes at any time prior and from time to time at a redemption price (“Make Whole Redemption Price”) equal to the greater of the following amounts:
(1) 100% of the principal amount of the Notes to be redeemed; and
(2) the sum of the present values of the remaining scheduled payments of principal and interest on the Notes to be redeemed on that redemption date (not including any portion of payments of interest accrued to the redemption date), discounted to the applicable redemption date on a semi-annual basis at a rate equal to the sum of the Treasury Rate plus 0.50%, plus, in each of the above clauses (a)(1) and (a)(2), accrued and unpaid interest and additional interest on the principal amount being redeemed to, but excluding, the applicable redemption date. The Make Whole Redemption Price for the Notes shall be calculated by the Independent Investment Banker assuming a 360-day year consisting of twelve 30-day months.
(b) Prior to December 151, 20052022, MagnaChip may on the Company may, at its option, redeem some or all of the Notes at any one or more occasions redeem up time and from time to time in an aggregate principal amount not to exceed 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue DateNotes) at a redemption price (expressed as a percentage of 100% principal amount of the principal amount thereof, plus the LIBOR Rate in effect on the date Notes to be redeemed) of the redemption notice plus 3.25106.750%, plus plus, in each case, accrued and unpaid interest and Liquidated Damagesadditional interest on the principal amount being redeemed to, if anybut excluding, to the applicable redemption date, with in an amount equal to or less than the net cash proceeds of received by it from one or more Public Equity Stock Offerings or a contribution to MagnaChipthe Company’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC one or any of its Subsidiariesmore Stock Offerings; provided that:
(1) that at least 65% of the such aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip and its Subsidiariesincluding any Additional Notes) remains outstanding immediately after the occurrence of each such redemption; and
(2) the redemption and each such redemption occurs within 90 days of after the date of consummation of the closing of such Public Equity Offering or equity contributionsrelated Stock Offering.
(bc) On or and after December 151, 20052022, MagnaChip may the Company may, at its option, redeem some or all or a part of the Floating Rate Notes, upon not less than 30 nor more than 60 days’ prior notice mailed by first-class mail at any time and from time to each holder’s registered address, time at the redemption prices (expressed as percentages of principal amountamount of the Notes to be redeemed) set forth below plus below, plus, in each case, accrued and unpaid and additional interest and Liquidated Damages, if any, on the Floating Rate Notes redeemedprincipal amount being redeemed to, to but excluding, the applicable redemption date, date if redeemed during the twelve12-month period beginning on December 15 in each of the years indicated below: 2022 103.375 % 2023 102.250 % 2024 101.125 % 2025 and thereafter 100.000 %
(d) In connection with any Change of Control Offer, Asset Sale Offer or other tender offer to, in each case, purchase all of the Notes, if Holders of not less than 90.0% of the aggregate principal amount of the then outstanding Notes validly tender and do not validly withdraw such Notes in such Change of Control Offer, Asset Sale Offer or other tender offer and the Company purchases, or any third party making such Change of Control Offer, Asset Sale Offer or other tender offer in lieu of the Company purchases, all of the Notes validly tendered and not validly withdrawn by such Holders, the Company or such third party shall have the right, upon notice given not more than 60 days following such purchase date, to redeem all (but not less than all) Notes that remain outstanding following such purchase at a price equal to the price offered to each other Holder in such Change of Control Offer, Asset Sale Offer or other tender offer, plus, to the extent not included in the Change of Control Offer, Asset Sale Offer or other tender offer payment, accrued and unpaid interest, if any, thereon, to, but excluding, the redemption date (subject to the rights right of holders the Holders of Floating Rate Notes record on the relevant record date to receive interest due on the relevant an interest payment date: 2005 103 % 2006 102 % 2007 101 % 2008 and thereafter 100 % At any time date that is on or prior to December 15, 2005, MagnaChip may also redeem all or a part of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), 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 Floating Rate Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, subject ).
(e) Any redemption pursuant to this Section 3.07 shall be made in a manner consistent with the provisions of Sections 3.01 through 3.06 hereof to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment dateextent applicable. Unless MagnaChip the Company defaults in the payment of the applicable redemption price, on and after the applicable redemption date, interest will shall cease to accrue on the Floating Rate Notes or portions thereof of the Notes called for redemption. If the optional redemption date is after an interest record date and on or before the applicable related interest payment date, the accrued and unpaid interest, if any, shall be paid to the Person in whose name the Note is registered at the close of business, on such record date, and no additional interest shall be payable to Holders whose Notes are subject to redemption dateby the Company.
Appears in 1 contract
Optional Redemption. (a) At The Notes may be redeemed, in whole or in part, at any time prior to December 15August 1, 20052023, MagnaChip may on any one or more occasions redeem up to 35% at the option of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) at a redemption price of 100% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%, plus accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, with the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; provided that:
(1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributions.
(b) On or after December 15, 2005, MagnaChip may redeem all or a part of the Floating Rate Notes, Issuer upon not less than 30 nor more than 60 days’ prior notice sent electronically or mailed by first-class mail to each holderHolder’s registered address, at a Redemption Price equal to 100% of the redemption prices (expressed principal amount of the Notes redeemed plus the Applicable Premium as percentages of principal amount) set forth below plus of, and accrued and unpaid interest and Liquidated Damagesinterest, if any, on the Floating Rate Notes redeemedto, to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 of the years indicated below, date (subject to the rights right of holders of Floating Rate Notes record on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 % 2006 102 % 2007 101 % 2008 and thereafter 100 % At ).
(b) The Notes are subject to redemption, at the option of the Issuer, in whole or in part, at any time prior to December 15on or after August 1, 2005, MagnaChip may also redeem all or a part of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date)2023, 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% the following Redemption Prices (expressed as percentages of the principal amount of Floating Rate Notes redeemed to be redeemed) set forth below, plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damagesinterest, if any, to to, but not including, the redemption date, date (subject to the rights right of holders Holders of Floating Rate Notes record on the relevant regular 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 August 1 of the years indicated: 2023 104.250% 2024 102.125% 2025 and thereafter 100.000%
(c) In addition to the optional redemption of the Notes in accordance with the provisions of the preceding paragraph, prior to August 1, 2023, the Issuer may, with the net proceeds of one or more Qualified Equity Offerings, redeem up to 40% of the aggregate principal amount of the outstanding Notes (including Additional Notes) at a Redemption Price equal to 108.500% of the principal amount thereof, plus accrued and unpaid interest thereon, if any, to the date of redemption; provided that at least 50% of the principal amount of Notes then outstanding (including Additional Notes) remains outstanding immediately after the occurrence of any such redemption (excluding Notes held by Parent or its Subsidiaries and except to the extent otherwise repurchased or redeemed in accordance with the terms of the Indenture) and that any such redemption occurs within 90 days following the closing of any such Qualified Equity Offering.
(d) At any time and from time to time prior to August 1, 2023, the Issuer at its option may during each twelve month period commencing on the Issue Date redeem Notes in an aggregate principal amount equal to up to 10.0% of the original aggregate principal amount of the Notes (including the principal amount of any Additional Notes), at a Redemption Price (expressed as a percentage of principal amount to be redeemed) of 103.0%, plus accrued and unpaid interest, if any, to, but not including, the redemption date (subject to the right of Holders of record on the relevant regular record date to receive interest due on an interest payment date. Unless MagnaChip defaults in the payment of date that is on or prior to the redemption pricedate).
(e) In addition, interest will cease at any time prior to accrue August 1, 2022, the Issuer at its option may redeem Notes in an aggregate principal amount equal to $100.0 million on a one-time basis from the net cash proceeds received from the sale of real property, at a Redemption Price (expressed as a percentage of principal amount to be redeemed) of 104.0%, plus accrued and unpaid interest, if any, to, but not including, the redemption date (subject to the right of Holders of record on the Floating Rate Notes relevant regular record date to receive interest due on an interest payment date that is on or portions thereof called for redemption on prior to the applicable redemption date).
Appears in 1 contract
Sources: Indenture (Ryerson Holding Corp)
Optional Redemption. (a) At any time prior to December 15June 1, 20052020, MagnaChip the Company may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) Indenture, upon not less than 30 nor more than 60 days’ notice, at a redemption price of 100equal to 105.375% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%Notes redeemed, plus accrued and unpaid interest and Liquidated Damagesto, if anybut not including, the date of redemption (subject to the redemption daterights of Holders of Notes on the relevant record date to receive interest on the relevant Interest Payment Date), with in an amount not to exceed the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public from an Equity Offering of US LLC or any of its Subsidiariesby the Company; provided that:
(1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this the Indenture (excluding Floating Rate Notes held by MagnaChip the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributionsOffering.
(b) On At any time prior to June 1, 2020, the Company may on any one or after December 15, 2005, MagnaChip may more occasions redeem all or a part of the Floating Rate Notes, upon not less than 30 nor more than 60 days’ notice, 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 to, but not including, the date of redemption, subject to the rights of Holders on the relevant record date to receive interest due on the relevant Interest Payment Date.
(c) In the event that Holders of not less than 90% in aggregate principal amount of the then outstanding Notes accept a Change of Control Offer and the Company (or any third party making such Change of Control Offer in lieu of the Company as described in Section 4.15 of the Indenture) purchases all of the Notes held by such Holders, the Company will have the right, upon not less than 30 nor more than 60 days’ prior notice mailed by first-class mail notice, given not more than 30 days following the repurchase pursuant to each holderthe Change of Control Offer described in Section 4.15 of the Indenture, to redeem all of the Notes that remain outstanding following such purchase at a redemption price equal to the Change of Control Payment plus accrued and unpaid interest on the Notes that remain outstanding, to, but not including, the date of repurchase, subject to the rights of Holders of Notes on the relevant record date to receive interest due on the relevant Interest Payment Date.
(d) Except pursuant to the preceding paragraphs, the Notes will not be redeemable at the Company’s registered addressoption prior to June 1, 2020.
(e) On or after June 1, 2020, the Company 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 Liquidated Damages, if any, on the Floating Rate Notes redeemed, to to, but not including, the applicable redemption datedate of redemption, if redeemed during the twelve-month period beginning on December 15 June 1 of the years indicated below, subject to the rights of holders of Floating Rate Notes Holders on the relevant record date to receive interest due on the relevant interest payment dateInterest Payment Date: 2005 103 2020 102.688% 2006 102 2021 101.344% 2007 101 % 2008 2022 and thereafter 100 100.000% At any time prior to December 15, 2005, MagnaChip may also redeem all or a part of Unless the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), 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 Floating Rate Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip Company defaults in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Sources: Indenture (Firstcash, Inc)
Optional Redemption. (a) At any time prior to December 15Except as described below, 2005the Securities are not redeemable until April 1, MagnaChip may on any one or more occasions redeem up to 35% of 2015. On and after April 1, 2015, the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) at a redemption price of 100% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%, plus accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, with the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; provided that:
(1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributions.
(b) On or after December 15, 2005, MagnaChip Company may redeem all or or, from time to time, a part of the Floating Rate Notes, Securities upon not less than 30 nor more than 60 days’ prior notice mailed by first-class mail to each holder’s registered addresswritten notice, at the following redemption prices (expressed as percentages a percentage of principal amount) set forth below plus accrued and unpaid interest and Liquidated Damageson the Securities, if any, on the Floating Rate Notes redeemed, to the applicable redemption date (any such date, if redeemed during the twelve-month period beginning on December 15 of the years indicated below, a “Redemption Date”) (subject to the rights right of holders Holders of Floating Rate Notes 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 April 1 of the years indicated below: 2005 103 2015 103.875 % 2006 102 2016 101.938 % 2007 101 % 2008 2017 and thereafter 100 100.000 % At Prior to April 1, 2014, the Company may on any time prior one or more occasions redeem up to December 15, 2005, MagnaChip may also redeem all or a part 35% of the Floating Rate Notes (including any Floating Rate Additional Notes issued after original principal amount of the Issue Date), upon not less than 30 nor Securities with the Net Cash Proceeds of one or more than 60 days’ prior notice mailed by first-class mail to each holder’s registered address, Equity Offerings at a redemption price equal to 100of 107.750% of the principal amount of Floating Rate Notes redeemed thereof, plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damagesinterest, if any, to the redemption date, Redemption Date (subject to the rights right of holders Holders of Floating Rate Notes record on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip defaults in the payment ); provided that
(1) at least 65% of the original principal amount of the Securities remains outstanding after each such redemption; and
(2) the redemption priceoccurs within 90 days after the closing of such Equity Offering. In addition, before April 1, 2015, the Company may redeem all or, from time to time, a part of the Securities upon not less than 30 nor more than 60 days’ written notice, at a redemption price equal to 100% of the principal amount thereof plus the Applicable Premium plus accrued and unpaid interest, if any, 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). If the optional Redemption Date is on or after an interest record date and on or before the related interest payment date, the accrued and unpaid interest, if any, will be paid to the Person in whose name the Security is registered at the close of business, on such record date, and no additional interest will cease be payable to accrue on Holders whose Securities will be subject to redemption by the Floating Rate Notes or portions thereof called for redemption on the applicable redemption dateCompany.
Appears in 1 contract
Optional Redemption. (a) At any time prior to December August 15, 20052024, MagnaChip the Company may on any one or more occasions redeem up to 3540% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) Notes, upon not less than 10 nor more than 60 days’ notice, at a redemption price of 100equal to 103.875% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%Notes redeemed, plus accrued and unpaid interest and Liquidated Damagesinterest, if any, to the redemption date, with an amount equal to the net cash proceeds of one or more Public Equity Offerings or a contribution equity offerings, subject to MagnaChip’s common equity capital made with the net cash proceeds rights of a concurrent Public Equity Offering Holders of US LLC or any of its Subsidiariesthe Notes on the relevant record date to receive interest due on the relevant interest payment date; provided that:
(1i) at least 6550% of the aggregate principal amount of Floating Rate Notes originally issued under this the Second Supplemental Indenture (excluding Floating Rate Notes held by MagnaChip the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2ii) the redemption occurs within 90 180 days of the date of the closing of such Public Equity Offering or equity contributionsoffering.
(b) On or after December At any time prior to February 15, 20052027, MagnaChip the Company may on any one or more occasions redeem all or a part of the Floating Rate Notes, upon not less than 30 10 nor more than 60 days’ prior notice mailed by first-class mail to each holder’s registered addressnotice, at a redemption price equal to 100% of the redemption prices (expressed principal amount of the Notes redeemed, plus the Applicable Premium as percentages of principal amount) set forth below plus calculated by the Company, as of, and accrued and unpaid interest and Liquidated Damagesinterest, if any, on the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 date of the years indicated belowredemption, subject to the rights of holders Holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 % 2006 102 % 2007 101 % 2008 and thereafter 100 % At any time .
(c) Except pursuant to the preceding paragraphs, the Notes will not be redeemable at the Company’s option prior to December February 15, 20052027.
(d) On or after February 15, MagnaChip 2027, the Company may also on any one or more occasions redeem all or a part of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date)Notes, upon not less than 30 10 nor more than 60 days’ prior notice mailed by first-class mail to each holder’s registered addressnotice, at a the redemption price equal to 100% prices (expressed as percentages of the principal amount of Floating Rate Notes redeemed amount) set forth below, plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damagesinterest, if any, on the Notes redeemed, to the redemption dateapplicable date of redemption, if redeemed during the twelve-month period beginning on February 15 of the years indicated below, subject to the rights of holders Holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip defaults in : 2027 101.938% 102.188% 2028 101.292% 101.458% 2029 100.646% 100.729% 2030 and thereafter 100.000% 100.000% Any redemption pursuant to this Section 5 shall be made pursuant to the payment provisions of Sections 3.01 through 3.07 of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption dateSecond Supplemental Indenture.
Appears in 1 contract
Optional Redemption. (a) At Except as set forth below, on and after __________ __, 2002, and subject to the next succeeding sentence, the Company shall have the right, at any time prior and from time to December 15time, 2005to redeem the Debentures, MagnaChip may 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 Floating Rate Notes issued under following years at the Indenture indicated Redemption Price (including any Floating Rate Additional Notes issued after the Issue Date) at expressed as a redemption price of 100% percentage of the principal amount thereofof the Debentures being redeemed), plus the LIBOR Rate in effect together with any accrued but unpaid interest on the date 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 redemption notice plus 3.25%, plus Debentures in part unless all accrued and unpaid interest and Liquidated Damages, if any, 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 Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; provided that:
(1) at least 65% notice of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip Redemption Date. If a Tax Event shall occur and its Subsidiaries) remains outstanding immediately after be continuing, the occurrence of such redemption; and
(2) Company shall have the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributions.
(b) On or after December 15, 2005, MagnaChip may redeem all or a part of the Floating Rate Notesright, upon not less than 30 nor more than 60 days’ prior notice mailed by first-class mail ' notice, to each holder’s registered addressredeem 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 Liquidated Damagesinterest, if any, on the Floating Rate Notes redeemedincluding Additional Interest, to the applicable redemption datedate fixed for such redemption. The Company also may redeem the Debentures (a "Provisional Redemption"), if redeemed during the twelve-month period beginning on December 15 of the years indicated belowin whole or in part, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 % 2006 102 % 2007 101 % 2008 and thereafter 100 % At upon notice given as set forth in Section 11.3 at any time on or after ___________, 2001 and prior to December 15____________, 2005, MagnaChip may also redeem all or a part of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), upon not less than 30 nor more than 60 days’ prior notice mailed by first-class mail to each holder’s registered address2002, at a redemption price Redemption Price equal to 100_____% of the principal amount of Floating Rate Notes redeemed the Debentures being redeemed, plus the Floating Rate Second Priority Notes Applicable Premium as of, and any accrued and unpaid interest and Liquidated Damagesinterest, if any, 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 more than five Trading Days prior to the redemption date, subject to the rights date of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip defaults in the payment mailing of the redemption price, interest will cease to accrue on the Floating Rate 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 The Notes may be redeemed, in whole or in part, at any time prior to December May 15, 20052019, MagnaChip may on any one or more occasions redeem up to 35% at the option of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) at a redemption price of 100% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%, plus accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, with the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; provided that:
(1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributions.
(b) On or after December 15, 2005, MagnaChip may redeem all or a part of the Floating Rate Notes, Issuer upon not less than 30 nor more than 60 days’ prior notice sent electronically or mailed by first-class mail to each holderHolder’s registered address, at a Redemption Price equal to 100% of the redemption prices (expressed principal amount of the Notes redeemed plus the Applicable Premium as percentages of principal amount) set forth below plus of, and accrued and unpaid interest and Liquidated Damagesinterest, if any, on the Floating Rate Notes redeemedto, to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 of the years indicated below, date (subject to the rights right of holders of Floating Rate Notes record on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 % 2006 102 % 2007 101 % 2008 and thereafter 100 % At ).
(i) The Notes are subject to redemption, at the option of the Issuer, in whole or in part, at any time prior to December on or after May 15, 2005, MagnaChip may also redeem all or a part of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date)2019, 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% the following Redemption Prices (expressed as percentages of the principal amount of Floating Rate Notes redeemed to be redeemed) set forth below, plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damagesinterest, if any, to to, but not including, the redemption date, date (subject to the rights right of holders Holders of Floating Rate Notes record on the relevant regular record date to receive interest due on the relevant an interest payment date that is on or prior to the redemption date), if redeemed during the 12-month period beginning May 15 of the years indicated: Year Redemption Price 2019 105.500 % 2020 102.750 % 2021 and thereafter 100.000 %
(ii) In addition to the optional redemption of the Notes in accordance with the provisions of the preceding paragraph, prior to May 15, 2019, the Issuer may, with the net proceeds of one or more Qualified Equity Offerings, redeem up to 35% of the aggregate principal amount of the outstanding Notes (including Additional Notes) at a Redemption Price equal to 111.000% of the principal amount thereof, together with accrued and unpaid interest thereon, if any, to the date of redemption; provided that at least 50% of the principal amount of Notes then outstanding (including Additional Notes) remains outstanding immediately after the occurrence of any such redemption (excluding Notes held by Parent or its Subsidiaries) and that any such redemption occurs within 90 days following the closing of any such Qualified Equity Offering. Unless MagnaChip defaults Notice of any redemption upon any Qualified Equity Offering may be given prior to the completion thereof, and any such redemption or notice may, at the Issuer’s discretion, be subject to one or more conditions precedent, including, but not limited to, completion of the related Qualified Equity Offering.
(iii) The Issuer will have the right to redeem the Notes at a Redemption Price equal to 101% of the principal amount thereof, plus accrued and unpaid interest thereon, if any, to the date of redemption following the consummation of a Change of Control if at least 90% of the Notes outstanding prior to such consummation are purchased pursuant to such Change of Control.
(b) The Issuer may, at any time and from time to time, purchase Notes in the payment of the redemption priceopen market or otherwise, interest will cease subject to accrue on the Floating Rate Notes or portions thereof called for redemption on the compliance with this Indenture and compliance with all applicable redemption datesecurities laws.
Appears in 1 contract
Sources: Indenture (Ryerson Holding Corp)
Optional Redemption. (a) At any time prior to December June 15, 20052027, MagnaChip the Issuers may on any one or more occasions redeem up to 3540% of the aggregate principal amount of Floating Rate Notes issued under the this Indenture (including calculated after giving effect to the issuance of any Floating Rate Additional Notes issued after the Issue DateNotes) upon not less than 10 nor more than 60 days’ prior notice, at a redemption price of 100107.500% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%, plus accrued and unpaid interest and Liquidated Damages, if any, to (but not including) the redemption date (subject to the redemption 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 from one or more Public Equity Offerings (1) by Holdings or a contribution (2) by any direct or indirect parent of Holdings to MagnaChip’s common equity capital made with the extent the net cash proceeds thereof are or have been contributed to the common equity capital of a concurrent Public Holdings or are or will be used to purchase Equity Offering Interests (other than Disqualified Stock) of US LLC or any of its SubsidiariesHoldings; provided that:
: (1) at least 6550% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (calculated after giving effect to the issuance of any Additional Notes) (excluding Floating Rate Notes held by MagnaChip Holdings, any direct or indirect parent of Holdings and its any of Holdings’ Subsidiaries) remains outstanding immediately after the occurrence of such redemption, unless all outstanding Notes are concurrently being redeemed; and
and (2) the redemption occurs within 90 180 days of the date of the closing of such Public Equity Offering or equity contributionsOffering.
(b) At any time prior to June 15, 2027, the Issuers may, on one or more occasions, also redeem all or a part of the Notes, upon not less than 10 nor more than 60 days’ prior notice, 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 to (but not including) the date of redemption (subject to the rights of Holders on the relevant record date to receive interest due on the relevant interest payment date).
(c) At any time prior to June 15, 2027, the Issuers may, on one or more occasions, also redeem during each successive twelve-month period following the Issue Date up to 10% of the aggregate original principal amount of Notes (calculated after giving effect to the issuance of any Additional Notes), upon not less than 10 nor more than 60 days’ prior notice, at a redemption price equal to 103% of the principal amount of Notes redeemed plus accrued and unpaid interest to (but not including) 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).
(d) Except as set forth in Section 3.07(a), Section 3.07(b), Section 3.07(c) and Section 3.07(g), the Notes will not be redeemable at the Issuers’ option prior to June 15, 2027.
(e) On or after December 15June 15 ,2027, 2005, MagnaChip the Issuers may redeem all or a part of the Floating Rate Notes, Notes upon not less than 30 10 nor more than 60 days’ prior notice mailed by first-class mail to each holder’s registered addressnotice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Liquidated Damages, if any, on the Floating Rate Notes redeemed, redeemed to (but not including) the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 of the years indicated below, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 % 2006 102 % 2007 101 % 2008 and thereafter 100 % At any time prior to December 15, 2005, MagnaChip may also redeem all or a part of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), 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 Floating Rate Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip defaults in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption date.,
Appears in 1 contract
Sources: Indenture (Virtu Financial, Inc.)
Optional Redemption. (a) At any time Except as set forth in the following two paragraphs, the Company may not redeem the Notes prior to December October 15, 2005, MagnaChip may on any one or more occasions redeem up to 35% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued 2015. On and after the Issue Date) at a redemption price of 100% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%, plus accrued and unpaid interest and Liquidated Damages, if any, to the redemption this date, with the net cash proceeds of one or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; provided that:
(1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributions.
(b) On or after December 15, 2005, MagnaChip Company may redeem all or a part of the Floating Rate Notes, upon in whole or in part, on not less than 30 thirty (30) nor more than 60 sixty (60) days’ prior notice mailed by first-class mail to each holder’s registered addressnotice, at the following redemption prices (expressed as percentages of principal amount) set forth below ), plus accrued and unpaid interest and Liquidated Damages, if any, on the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 of the years indicated below, date (subject to the rights right of holders Holders of Floating Rate Notes record on the relevant record date to receive interest due on the relevant interest payment date), if redeemed during the twelve month period commencing on October 15 of the years set forth below: 2005 103 Year Redemption Price 2015 104.188 % 2006 102 2016 102.792 % 2007 101 Year Redemption Price 2017 101.396 % 2008 2018 and thereafter 100 100.000 % At any time prior to December October 15, 20052015, MagnaChip we may also redeem all or a part of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), upon not less than 30 nor more than 60 days’ prior notice mailed at a redemption price equal to the sum of (i) 100% of the principal amount thereof, plus (ii) the Applicable Premium as of the date of redemption, plus (iii) accrued and unpaid interest, if any, to the date of redemption. Prior to October 15, 2013, the Company may, on one or more occasions, also redeem up to a maximum of 35% of the aggregate principal amount of the Notes (calculated giving effect to any issuance of Additional Notes) with the Net Cash Proceeds of one or more Equity Offerings by first-class mail to each holder’s registered addressthe Company, at a redemption price equal to 100108.375% of the aggregate principal amount of Floating Rate Notes redeemed thereof, plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, date (subject to the rights right of holders Holders of Floating Rate Notes record on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip defaults ); provided however, that after giving effect to such redemption:
(a) at least 65% of the aggregate principal amount of the Notes (calculated giving effect to any issuance of Additional Notes) remains outstanding; and
(b) any such redemption by the Company must be made within 60 days of such Equity Offering and must be made in accordance with certain procedures set forth in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption dateIndenture.
Appears in 1 contract
Sources: Indenture (Cincinnati Bell Inc)
Optional Redemption. (a) Except as set forth in subparagraph (b), (c) and (d) of this Paragraph 5, the Company shall not have the option to redeem the Notes prior to the final maturity of such Notes.
(b) At any time prior to December 15June 1, 20052012, MagnaChip may on any one or more occasions redeem up the Notes will be subject to 35% redemption, from time to time and at the option of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) at a redemption price of 100% of the principal amount thereofCompany, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%, plus accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, with the net cash proceeds of one whole or more Public Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; provided that:
(1) at least 65% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (excluding Floating Rate Notes held by MagnaChip and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 days of the date of the closing of such Public Equity Offering or equity contributions.
(b) On or after December 15, 2005, MagnaChip may redeem all or a part of the Floating Rate Notesin part, upon not less than 30 nor more than 60 days’ prior notice mailed by first-class mail to each holderHolder of Notes to be redeemed at such Holder’s registered addressaddress appearing in the Security Register, in amounts of $1,000 or an integral multiple of $1,000, at a redemption price equal to the greater of (1) 100% of their principal amount or (2) the sum of the present values of the remaining scheduled payments of principal and interest thereon discounted to maturity on a semi-annual basis (assuming a 360-day year consisting of twelve 30-day months) at the Treasury Yield plus 50 basis points, plus in each case accrued but unpaid interest to but excluding the Redemption Date (subject to the rights of Holders of record on the relevant Regular Record Date to receive interest due on an Interest Payment Date that is on or prior to the Redemption Date).
(c) At any time, or from time to time, prior to June 1, 2010, up to 331/3% in aggregate principal amount of the Notes originally issued under the Indenture shall be redeemable, at the option of the Company, from the net proceeds of one or more Public Offerings of Capital Stock (other than Redeemable Interests) of Allied, at a Redemption Price equal to 106.875% of the principal amount thereof, together with accrued but unpaid interest to the Redemption Date (subject to the right of Holders of record on the relevant Regular Record Date to receive interest due on an Interest Payment Date that is on or prior to the Redemption Date); provided that the notice of redemption with respect to any such redemption is mailed within 30 days following the closing of the corresponding Public Offering.
(d) On or after June 1, 2012 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 Liquidated Damagesinterest, if any, on the Floating Rate Notes redeemedthereon, to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 June 1 of the years indicated below, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 Year Percentage 2012 103.438 % 2006 102 2013 102.292 % 2007 101 2014 101.146 % 2008 2015 and thereafter 100 % At any time prior to December 15, 2005, MagnaChip may also redeem all or a part of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), 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 Floating Rate Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip defaults in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption date.100.000 %
Appears in 1 contract
Sources: Supplemental Indenture (Allied Waste Industries Inc)
Optional Redemption. (a) At any time prior to December February 15, 20052020, MagnaChip the Issuers may on any one or more occasions redeem up to 3540% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after Indenture, upon notice as provided in the Issue Date) Indenture, at a redemption price of 100equal to 104.125% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%Notes redeemed, plus accrued and unpaid interest and Liquidated Damagesinterest, if any, to the date of redemption date(subject to the rights of Holders on the relevant record date to receive interest on the relevant Interest Payment Date), with an amount of cash not greater than the net cash proceeds of one or more Public an Equity Offerings or a contribution to MagnaChip’s common equity capital made with the net cash proceeds of a concurrent Public Equity Offering of US LLC or any of its Subsidiaries; Offering, provided that:
(1A) at least 6560% of the aggregate principal amount of Floating Rate Notes originally issued under this on the date of the Indenture (excluding Floating Rate Notes held by MagnaChip the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2B) the redemption occurs within 90 180 days of after the date of the closing of such Public Equity Offering or equity contributionsOffering.
(b) On or after December At any time prior to February 15, 20052023, MagnaChip the Issuers may on any one or more occasions redeem all or a part of the Floating Rate Notes, upon notice as provided in the Indenture, at a redemption price equal to 100% of the principal amount of the Notes redeemed, plus the Applicable Premium as of the redemption date, plus accrued and unpaid interest, if any, to the date of redemption, subject to the rights of Holders on the relevant record date to receive interest due on the relevant Interest Payment Date.
(c) The Issuers may redeem Notes when permitted by, and pursuant to the conditions in, Section 4.15(e) of the Indenture.
(d) Except pursuant to the preceding paragraphs, the Notes will not less than 30 nor be redeemable at the Issuers’ option prior to February 15, 2023.
(e) On and after February 15, 2023, the Issuers may on any one or more than 60 days’ prior occasions redeem all or a part of the Notes, upon notice mailed by first-class mail to each holder’s registered addressas provided in the Indenture, at the redemption prices (expressed as percentages of principal amount) set forth below below, plus accrued and unpaid interest and Liquidated Damagesinterest, if any, on the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December February 15 of the years indicated below, subject to the rights of holders of Floating Rate Notes Holders on the relevant record date to receive interest due on the relevant interest payment dateInterest Payment Date: 2005 103 Year Percentage 2023 102.063 % 2006 102 2024 101.031 % 2007 101 % 2008 2025 and thereafter 100 100.000 % At any time prior to December 15, 2005, MagnaChip may also redeem all or a part of Unless the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date), 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 Floating Rate Notes redeemed plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damages, if any, to the redemption date, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip defaults Issuers default in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption date.
Appears in 1 contract
Sources: Indenture (Parsley Energy, Inc.)
Optional Redemption. (a) At any time prior to December June 15, 20052027, MagnaChip the Issuers may on any one or more occasions redeem up to 3540% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including calculated after giving effect to the issuance of any Floating Rate Additional Notes issued after the Issue DateNotes) upon not less than 10 nor more than 60 days’ prior notice, at a redemption price of 100107.500% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%, plus accrued and unpaid interest and Liquidated Damagesinterest, 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), with the net cash proceeds of from one or more Public Equity Offerings (1) by Holdings or a contribution (2) by any direct or indirect parent of Holdings to MagnaChip’s common equity capital made with the extent the net cash proceeds thereof are or have been contributed to the common equity capital of a concurrent Public Holdings or are or will be used to purchase Equity Offering Interests (other than Disqualified Stock) of US LLC or any of its SubsidiariesHoldings; provided that:
: (1i) at least 6550% of the aggregate principal amount of Floating Rate Notes originally issued under this Indenture (calculated after giving effect to the issuance of any Additional Notes) (excluding Floating Rate Notes held by MagnaChip Holdings, any direct or indirect parent of Holdings and its any Holdings’ Subsidiaries) remains outstanding immediately after the occurrence of such redemption, unless all outstanding Notes are concurrently being redeemed; and
and (2ii) the redemption occurs within 90 180 days of the date of the closing of such Public Equity Offering or equity contributionsOffering.
(b) At any time prior to June 15, 2027, the Issuers may, on one or more occasions, also redeem all or a part of the Notes, upon not less than 10 nor more than 60 days’ prior notice, 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 to (but not including) the date of redemption (subject to the rights of Holders on the relevant record date to receive interest due on the relevant interest payment date).
(c) At any time prior to June 15, 2027, the Issuers may, on one or more occasions, also redeem during each successive twelve-month period following the Issue Date up to 10% of the aggregate original principal amount of Notes (calculated after giving effect to the issuance of any Additional Notes), upon not less than 10 nor more than 60 days’ prior notice, at a redemption price equal to 103% of the principal amount of Notes redeemed plus accrued and unpaid interest to (but not including) 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).
(d) Except as set forth in subparagraphs (a), (b) or (c) of this paragraph (5) or in subparagraph (f) of this paragraph (5), the Notes will not be redeemable at the Issuers’ option prior to June 15, 2027.
(e) On or after December June 15, 20052027, MagnaChip the Issuers may redeem all or a part of the Floating Rate Notes, Notes upon not less than 30 10 nor more than 60 days’ prior notice mailed by first-class mail to each holder’s registered addressnotice, at the redemption prices (expressed as percentages of principal amount) set forth below plus accrued and unpaid interest and Liquidated Damages, if any, on the Floating Rate Notes redeemed, redeemed to (but not including) the applicable redemption date, if redeemed during the twelve-month period beginning on December June 15 of the years indicated below, below (subject to the rights of holders Holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 ): Year Percentage 2027 ..................................................................................................... 103.750% 2006 102 2028 ..................................................................................................... 101.875% 2007 101 % 2008 2029 and thereafter 100 .............................................................................. 100.000% At any time prior to December 15, 2005, MagnaChip may also redeem all or a part (f) In the event that the Holders of not less than 90% of the Floating Rate aggregate principal amount of the outstanding Notes accept any tender offer in respect of the Notes (including any Floating Rate Additional a Change of Control Offer and an Asset Sale Offer) and the Issuers or a third party purchases all the Notes issued after held by such Holders, the Issue Date)Issuers will have the right, upon on not less than 30 10 nor more than 60 days’ prior notice mailed by first-class mail notice, given not more than 15 days following the purchase pursuant to each holder’s registered addresssuch tender offer, at a redemption price equal to 100% redeem all of the principal amount of Floating Rate Notes redeemed plus that remain outstanding following such purchase at the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damages, if any, purchase price offered to the redemption date, subject to the rights of holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip defaults all Holders in the payment of the redemption price, interest will cease to accrue on the Floating Rate Notes such tender offer (excluding any early tender premium or portions thereof called for redemption on the applicable redemption date.similar premium,
Appears in 1 contract
Sources: Indenture (Virtu Financial, Inc.)
Optional Redemption. (a) At any time prior to December August 15, 20052024, MagnaChip the Company may on any one or more occasions redeem up to 3540% of the aggregate principal amount of Floating Rate Notes issued under the Indenture (including any Floating Rate Additional Notes issued after the Issue Date) Notes, upon not less than 10 nor more than 60 days’ notice, at a redemption price of 100equal to 103.875% of the principal amount thereof, plus the LIBOR Rate in effect on the date of the redemption notice plus 3.25%Notes redeemed, plus accrued and unpaid interest and Liquidated Damagesinterest, if any, to the redemption date, with an amount equal to the net cash proceeds of one or more Public Equity Offerings or a contribution equity offerings, subject to MagnaChip’s common equity capital made with the net cash proceeds rights of a concurrent Public Equity Offering Holders of US LLC or any of its SubsidiariesNotes on the relevant record date to receive interest due on the relevant interest payment date; provided that:
(1) at least 6550% of the aggregate principal amount of Floating Rate Notes originally issued under this Second Supplemental Indenture (excluding Floating Rate Notes held by MagnaChip the Company and its Subsidiaries) remains outstanding immediately after the occurrence of such redemption; and
(2) the redemption occurs within 90 180 days of the date of the closing of such Public Equity Offering or equity contributionsoffering.
(b) On or after December At any time prior to February 15, 20052027, MagnaChip the Company may on any one or more occasions redeem all or a part of the Floating Rate Notes, upon not less than 30 10 nor more than 60 days’ prior notice mailed by first-class mail to each holder’s registered addressnotice, at a redemption price equal to 100% of the redemption prices (expressed principal amount of the Notes redeemed, plus the Applicable Premium as percentages of principal amount) set forth below plus calculated by the Company, as of, and accrued and unpaid interest and Liquidated Damagesinterest, if any, on the Floating Rate Notes redeemed, to the applicable redemption date, if redeemed during the twelve-month period beginning on December 15 date of the years indicated belowredemption, subject to the rights of holders Holders of Floating Rate Notes on the relevant record date to receive interest due on the relevant interest payment date: 2005 103 % 2006 102 % 2007 101 % 2008 and thereafter 100 % At any time .
(c) Except pursuant to the preceding paragraphs, the Notes will not be redeemable at the Company’s option prior to December February 15, 20052027.
(d) On or after February 15, MagnaChip 2027, the Company may also on any one or more occasions redeem all or a part of the Floating Rate Notes (including any Floating Rate Additional Notes issued after the Issue Date)Notes, upon not less than 30 10 nor more than 60 days’ prior notice mailed by first-class mail to each holder’s registered addressnotice, at a the redemption price equal to 100% prices (expressed as percentages of the principal amount of Floating Rate Notes redeemed amount) set forth below, plus the Floating Rate Second Priority Notes Applicable Premium as of, and accrued and unpaid interest and Liquidated Damagesinterest, if any, on the Notes redeemed, to the redemption dateapplicable date of redemption, if redeemed during the twelve-month period beginning on February 15 of the years indicated below, subject to the rights of holders Holders of Floating Rate the Notes on the relevant record date to receive interest due on the relevant interest payment date. Unless MagnaChip defaults : 2027 101.938% 102.188% 2028 101.292% 101.458% 2029 100.646% 100.729% 2030 and thereafter 100.000% 100.000%
(e) Any redemption pursuant to this Section 3.07 shall be made pursuant to the provisions of Sections 3.01 through 3.06 hereof.
(f) Notwithstanding anything to the contrary in this Article 3, in connection with any tender offer for, or other offer to purchase the Notes, if Holders of not less than 90.0% in aggregate principal amount of the outstanding Notes validly tender and do not withdraw such Notes in such tender offer (or other offer to purchase) and the Company, or any third party making such a tender offer (or other offer to purchase) in lieu of the Company, purchases all of the Notes validly tendered and not withdrawn by such Holders, all of the Holders of the outstanding Notes will be deemed to have consented to such tender offer (or other offer to purchase), and accordingly the Company will have the right, upon not less than 10 nor more than 60 days’ prior notice, given not more than 30 days following such tender offer expiration date (or purchase date pursuant to such other offer), to redeem all Notes that remain outstanding following such purchase at a redemption price in cash equal to the price paid to each other Holder of Notes (excluding any early tender, incentive or similar fee) in such tender offer (or other offer to purchase), plus, to the extent not included in the tender offer payment (or payment pursuant to another offer to purchase), accrued and unpaid interest, if any, to the date of redemption. In determining whether the Holders of at least 90.0% of the redemption priceaggregate principal of the then outstanding Notes have validly tendered and not withdrawn such Notes in a tender offer or other offer to purchase, interest will cease such calculation shall include all Notes owned by an Affiliate of the Company (notwithstanding any provision of this Second Supplemental Indenture to accrue on the Floating Rate Notes or portions thereof called for redemption on the applicable redemption datecontrary).
Appears in 1 contract