Redemption and Repurchase of Notes. Section 3.01.
Redemption and Repurchase of Notes. Section 501. Redemption of Notes at the Option of the Issuer 33 Section 501-1 Early Redemption at the Option of the Issuer for Reasons of Insufficient Outstanding Principal Amount 33 Section 501-2 Redemption upon Changes in Withholding Taxes 33 Section 502. Notice of Optional Redemption; Selection of Notes 35 Section 503. Payment of Notes Called for Redemption by the Issuer 37 Section 504. Conversion Arrangement on Call for Redemption 38 Section 505. Repurchase at Option of Holders Upon a Fundamental Change 38 Section 506. [Reserved] 41 Section 507. Procedures for the Repurchase of Notes 41 Section 508. Effect of Repurchase Notice 42 Section 509. Deposit of Purchase Price 43 Section 510. Notes Repurchased in Part 44 Section 511. Repayment to the Issuer 44 ARTICLE SIX MISCELLANEOUS PROVISIONS Section 601. Integral Part 44 Section 602. Adoption, Ratification and Confirmation 44 Section 603. Counterparts 44 Section 604. Governing Law and Jurisdiction 45 Section 605. Conflict of Any Provision of Indenture with Trust Indenture Act of 1939 45 Page Section 606. Effect of Headings 45 Section 607. Severability of Provisions 45 Section 608. Successors and Assigns 46 Section 609. Benefit of Supplemental Indenture 46 Section 610. Acceptance by Trustee 46 Section 611. Rights of the Conversion Agent 46 Section 612. Calculations in Respect of the Notes 46 Section 613. Currency Indemnity 46 QIMONDA FINANCE LLC FIRST SUPPLEMENTAL INDENTURE THIS FIRST SUPPLEMENTAL INDENTURE, dated as of February 13, 2008, between Qimonda Finance LLC, a limited liability company organized and existing under the laws of the State of Delaware (the “Issuer”), Qimonda AG, a stock corporation incorporated in the Federal Republic of Germany (the “Guarantor”), and Deutsche Bank Trust Company Americas, a New York banking corporation, as trustee (the “Trustee”), paying agent (the “Paying Agent”) and conversion agent (the “Conversion Agent”).
Redemption and Repurchase of Notes. 20 Section 3.1 Redemption by the Company.................................................................20 Section 3.2 Notice of Redemption; Selection of Notes..................................................20 Section 3.3 Payment of Notes Called for Redemption....................................................22 Section 3.4 Conversion Arrangement on Call for Redemption.............................................23 Section 3.5 Repurchase at Option of Holders...........................................................23
Redemption and Repurchase of Notes. Section 501. Redemption of Notes at the Option of the Issuer Except as set forth under Sections 501-1 and 501-2, the Issuer may not redeem the Notes prior to April 1, 2011. The Issuer may, by giving not less than 30 nor more than 60 days’ notice, redeem some or all of the Notes for cash on or after April 1, 2011 at 100% of their principal amount, plus accrued and unpaid interest and Additional Amounts, if any, to but excluding the Redemption Date if the closing sale price of the ADSs for 20 Trading Days within a period of 30 consecutive Trading Days ending on the Trading Day before the date of mailing of the redemption notice exceeds 150% of the applicable conversion price on the last Trading Day of the period. The Redemption Date may not fall in the period beginning on an interest Record Date and ending two Business Days following the related Interest Payment Date (the “Redemption Excluded Period”). Section 501-1 Early Redemption at the Option of the Issuer for Reasons of Insufficient Outstanding Principal Amount If at any time the aggregate principal amount of Outstanding Notes falls below 10% of the aggregate principal amount of Notes initially issued hereunder, the Issuer is entitled, by giving not less than 20 nor more than 40 days’ notice to redeem the remaining Notes in whole, but not in part, at 100% of their principal amount together with interest accrued, and Additional Amounts, if any, to (but excluding) the Redemption Date. The Redemption Date may not fall during a Redemption Excluded Period. If the end of the notice period falls within a Redemption Excluded Period then the notice shall be considered to have been given five Business Days after the end of such Redemption Excluded Period.
Redemption and Repurchase of Notes. Section 9.1. Optional Redemption with Make-Whole Premium 90 Section 9.2. Optional Redemption without a Make-Whole Premium 91 Section 9.3. Optional Redemption for Taxation Reasons 91 Section 9.4. Repurchase of Notes 92 Section 9.5. Cancellation 92 Section 9.6. Notice of Redemption 92 Section 9.7. Procedure for Payment upon Redemption 92 ARTICLE X
Redemption and Repurchase of Notes. Section 3.01. Redemption of Notes at the Option of the Company 19
Redemption and Repurchase of Notes. Section 3.01. Company’s Right to Redeem 21 Section 3.02. Notice of Optional Redemption; Selection of Notes 21 Section 3.03. Payment of Notes Called for Redemption by the Company 23 Section 3.04. [Reserved] 24 Section 3.05. Repurchase of Notes by the Company at Option of Holders upon a Fundamental Change 24 Section 3.06. Repurchase of Notes by the Company at Option of Holders on Specified Dates 26 Section 3.07. [Reserved] 28 Section 3.08. Conditions and Procedures for Repurchase at Option of Holders 28 [RESERVED]
Redemption and Repurchase of Notes. Section 3.01. Redemption of Notes at the Option of the Company. Except as otherwise provided in Section 3.05, the Company may not redeem any Notes prior to January 1, 2011. At any time on or after January 1, 2011, the Notes may be redeemed at the option of the Company (an "OPTIONAL REDEMPTION"), in whole or in part, in cash, upon notice as set forth in Section 3.02, at 100% of the principal amount, together with accrued and unpaid interest, if any, to, but excluding the date fixed for redemption.
Redemption and Repurchase of Notes. Section 3.01. Company’s Right to Redeem 23 Section 3.02. Notice of Optional Redemption; Selection of Notes 23 Section 3.03. Payment of Notes Called for Redemption by the Company 25 Section 3.04. Conversion Arrangement on Call for Redemption 26 Section 3.05. Repurchase of Notes by the Company at Option of Holders upon a Fundamental Change 26 Section 3.06. Repurchase of Notes by the Company at Option of Holders on Specified Dates 28 Section 3.07. Company’s Notification to the Trustee 30 Section 3.08. Conditions and Procedures for Repurchase at Option of Holders 30 Section 3.09. Final Maturity Notice 33 ARTICLE 4 INTEREST Section 4.01. Contingent Interest 33 Section 4.02. Payment of Contingent Interest 34 Section 4.03. Contingent Interest Notification 34
Redemption and Repurchase of Notes. Section 3.01. Redemption at Maturity 41 Section 3.02. Offer to Purchase 41 Section 3.03. Mandatory Redemption upon reset 44 ARTICLE 4 PARTICULAR COVENANTS OF THE COMPANY Section 4.01. Payment of Principal and Interest 44 Section 4.02. Maintenance of Office or Agency 45 Section 4.03. Provisions as to Paying Agent 45 Section 4.04. Existence 46 Section 4.05. Maintenance of Properties 46
