Common use of Redemption Procedure Clause in Contracts

Redemption Procedure. Units may be redeemed on a Redemption Day. Requests for redemption must be received by the Depositary on or before the Redemption Deadline. Redemption requests received after the Redemption Deadline will be processed on the next following Redemption Day. Under normal circumstances, payment for redeemed Units will be made within the Redemption Payment Day as set out in Annex A for each Sub-Fund. The Management Company may under particular circumstances, e.g. in connection with a restructuring involving another Sub-Fund of the UCITS or other funds or sub-funds managed by the Management Company or a company part of the same group as the Management Company, shorten Redemption Deadlines in relation to a specific Redemption Day and Sub-Fund, provided always that the interest of the non-redeeming Unitholders shall not be adversely affected thereby. A Unitholder may not withdraw a redemption request once it has been submitted and received by the Depositary, unless the Management Company, acting in the best interests of the Unitholders, determines to permit the withdrawal of such request in whole or in part. A Unitholder will have no rights with respect to Units redeemed (whether voluntarily or compulsorily) on and from the relevant Redemption Day, except the right to receive the redemption proceeds with respect to such Units and any dividend or distribution that has been declared prior to such Redemption Day but has not yet been paid. In particular, the Unitholder ceases his or her participation in the Units performance on and from the relevant Redemption Day. Each payment and/or distribution of redemption proceeds (whether made in connection with a redemption request or a distribution to a Unitholder) shall be subject to the limitations on payments and/or distributions imposed by (a) laws, regulations or other restrictions established by applicable regulatory agencies or self- regulatory association, (b) any investment vehicle from which a Sub-Fund might directly seek to withdraw funds, or (c) any agreements entered into by, or binding upon, the Management Company or its delegates acting on behalf of the Sub-Fund. The Management Company shall determine the applicability of any such limitations on payments and/or distributions and the applicable amount to be withheld from any payment and/or distribution. In particular, the Management Company or the Depositary may refuse to make a redemption payment to a Unitholder if the Management Company or the Depositary suspects or is advised that the payment of any redemption proceeds to such Unitholder may result in a breach or violation of any anti-money laundering law by any person in any relevant jurisdiction, or if such refusal is necessary to ensure the compliance by the Depositary, the Management Company, the Management Company delegates or service providers with any anti-money laundering law in any relevant jurisdiction.

Appears in 7 contracts

Samples: Unit Trust Agreement, Unit Trust Agreement, Unit Trust Agreement

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Redemption Procedure. Units may If any Optional Redemption Notice has been given in respect of the Notes in accordance with Section 10.01, the Notes shall become due and payable on the Optional Redemption Date at the place or places stated in the Optional Redemption Notice at the Optional Redemption Amount. On presentation and surrender of the Notes at the place or places stated in the Optional Redemption Notice, the Notes shall be paid and redeemed by the Company at the Optional Redemption Amount. Prior to the open of business on the Optional Redemption Date, the Company shall deposit with the Trustee (or other Paying Agent appointed by the Company) or, if the Company or a subsidiary of the Company is acting as the Paying Agent, shall segregate and hold in trust as provided in Section 5.03(b), an amount of cash (in immediately available funds if deposited on the Optional Redemption Date) sufficient to pay the Optional Redemption Amount of all the Notes to be redeemed on a such Redemption DayDate. Requests for redemption must be received Subject to receipt of funds by the Depositary on or before the Redemption Deadline. Redemption requests received after the Redemption Deadline will be processed on the next following Redemption Day. Under normal circumstancesPaying Agent, payment for the Notes to be redeemed Units will shall be made within on the Optional Redemption Date for such Notes. The Trustee (or other Paying Agent appointed by the Company) shall, promptly after such payment and upon written demand of the Company, return to the Company any funds in excess of the Redemption Payment Day as set out in Annex A for each Sub-FundPrice. The Management Company may under particular circumstances, e.g. in connection with a restructuring involving another Sub-Fund If any portion of the UCITS or other funds or sub-funds managed by the Management Company or a company part of the same group as the Management Company, shorten payment pursuant to an Optional Redemption Deadlines in relation to a specific Redemption Day and Sub-Fund, provided always that the interest of the non-redeeming Unitholders shall not be adversely affected thereby. A Unitholder may not withdraw a redemption request once it has been submitted and received paid by the DepositaryCompany in cash by the applicable due date, unless interest shall accrue thereon at an interest rate equal to the Management lesser of 18% per annum or the maximum rate permitted by applicable law until such amount is paid in full. Notwithstanding anything to the contrary in this Section 10, the Company, acting ’s determination to make an Optional Redemption under Section 10.01 shall be applied by lot among the Holders (and in the best interests case of any Global Notes, redeemed in accordance with the Depositary’s applicable procedures). The Holders may elect to convert the outstanding principal amount of the UnitholdersNotes pursuant to Section 4 prior to, determines to permit in case of Global Notes, the withdrawal Close of such request in whole or in part. A Unitholder will have no rights Business on the Trading Day immediately preceding the Optional Redemption Date , and, with respect to Units redeemed (whether voluntarily or compulsorily) on and from the relevant Redemption DayPhysical Notes, except the right to receive the redemption proceeds with respect to such Units and that Holders may surrender their Notes for conversion at any dividend or distribution that has been declared time prior to such the Close of Business on the third Trading Date immediately preceding the Optional Redemption Day but has not yet been paid. In particular, Date for any redemption under this Section 10 by the Unitholder ceases his or her participation in the Units performance on and from the relevant Redemption Day. Each payment and/or distribution delivery of redemption proceeds (whether made in connection with a redemption request or a distribution to a Unitholder) shall be subject Conversion Notice to the limitations on payments and/or distributions imposed by (a) laws, regulations or other restrictions established by applicable regulatory agencies or self- regulatory association, (b) any investment vehicle from which a Sub-Fund might directly seek to withdraw funds, or (c) any agreements entered into by, or binding upon, the Management Company or its delegates acting on behalf of the Sub-Fund. The Management Company shall determine the applicability of any such limitations on payments and/or distributions and the applicable amount to be withheld from any payment and/or distribution. In particular, the Management Company or the Depositary may refuse to make a redemption payment to a Unitholder if the Management Company or the Depositary suspects or is advised that the payment of any redemption proceeds to such Unitholder may result in a breach or violation of any anti-money laundering law by any person in any relevant jurisdiction, or if such refusal is necessary to ensure the compliance by the Depositary, the Management Company, the Management Company delegates or service providers with any anti-money laundering law in any relevant jurisdictionConversion Agent.

Appears in 3 contracts

Samples: Indenture (ProSomnus, Inc.), Indenture (ProSomnus, Inc.), Indenture (ProSomnus, Inc.)

Redemption Procedure. Units The payment of cash and/or issuance of Common Stock (other than the Pre-Redemption Conversion Shares), as the case may be, pursuant to a Monthly Redemption or the payment of cash pursuant to a Holder Optional Redemption shall be redeemed made on the Monthly Redemption Date or the Holder Optional Redemption Date, as applicable. The aggregate number of Conversion Shares otherwise issuable to the Holder pursuant to a Monthly Redemption on a Monthly Redemption Day. Requests for redemption must Date shall be received reduced by the Depositary on number of Pre-Redemption Conversion Shares issued to the Holder in connection with such Monthly Redemption (adjusted appropriately for any such shares applied to conversion during the Monthly Redemption Period). If any portion of the cash payment and/or issuance of Common Stock, as the case may be, for a Monthly Redemption or before the payment of cash pursuant to a Holder Optional Redemption, as applicable, shall not be paid by the Company by the respective due date, interest shall accrue thereon at the rate of 18% per annum (or the maximum rate permitted by applicable law, whichever is less) until the payment of the Monthly Redemption DeadlineAmount, or the Holder Optional Redemption Amount, as applicable, plus all amounts owing thereon is paid in full. Alternatively, if any portion of the Monthly Redemption requests received Amount or the Holder Optional Redemption Amount, as applicable, remains unpaid after such date, the Holder may elect, by written notice to the Company given at any time thereafter, to invalidate ab initio such redemption, notwithstanding anything herein contained to the contrary, and the Holder's right to exercise a Holder Optional Redemption Deadline will in the future shall be processed on the next following Redemption Day. Under normal circumstances, payment for redeemed Units will be made within the Redemption Payment Day as set out in Annex A for each Sub-Fundrestored. The Management Company Holder may elect to convert the outstanding principal amount of this Debenture pursuant to Section 4 prior to actual payment in cash for any redemption under particular circumstances, e.g. this Section 6 by fax delivery of a Notice of Conversion to the Company. If any Pre-Redemption Conversion Shares are issued to the Holder in connection with a restructuring involving another Sub-Fund of Monthly Redemption and are not applied against either the UCITS Monthly Redemption Amount or other funds or sub-funds managed by against optional conversions during the Management Company or a company part of Monthly Redemption Period, then the same group as the Management Company, shorten Redemption Deadlines in relation to a specific Redemption Day and Sub-Fund, provided always that the interest of the non-redeeming Unitholders Holder shall not be adversely affected thereby. A Unitholder may not withdraw a redemption request once it has been submitted and received by the Depositary, unless the Management Company, acting in the best interests of the Unitholders, determines to permit the withdrawal of promptly return such request in whole or in part. A Unitholder will have no rights with respect to Units redeemed (whether voluntarily or compulsorily) on and from the relevant Redemption Day, except the right to receive the redemption proceeds with respect to such Units and any dividend or distribution that has been declared prior to such Redemption Day but has not yet been paid. In particular, the Unitholder ceases his or her participation in the Units performance on and from the relevant Redemption Day. Each payment and/or distribution of redemption proceeds (whether made in connection with a redemption request or a distribution to a Unitholder) shall be subject excess shares to the limitations on payments and/or distributions imposed by (a) laws, regulations or other restrictions established by applicable regulatory agencies or self- regulatory association, (b) any investment vehicle from which a Sub-Fund might directly seek to withdraw funds, or (c) any agreements entered into by, or binding upon, the Management Company or its delegates acting on behalf of the Sub-Fund. The Management Company shall determine the applicability of any such limitations on payments and/or distributions and the applicable amount to be withheld from any payment and/or distribution. In particular, the Management Company or the Depositary may refuse to make a redemption payment to a Unitholder if the Management Company or the Depositary suspects or is advised that the payment of any redemption proceeds to such Unitholder may result in a breach or violation of any anti-money laundering law by any person in any relevant jurisdiction, or if such refusal is necessary to ensure the compliance by the Depositary, the Management Company, the Management Company delegates or service providers with any anti-money laundering law in any relevant jurisdiction.

Appears in 2 contracts

Samples: Western Power & Equipment Corp, Western Power & Equipment Corp

Redemption Procedure. Units Beginning with the first year anniversary of the Redemption Date, the corporation shall be required to redeem annually no more than that number of shares of Series C Preferred Stock and Series D Preferred Stock equal to twenty-five (25) percent of the shares of Series C Preferred Stock and Series D Preferred Stock outstanding as of the Redemption Date. Annually thereafter, each holder of Series C Preferred Stock and Series D Preferred Stock shall surrender to the corporation for redemption no more than that number of shares equal to twenty-five (25) percent of the shares held by such holder on the Redemption Date (with one-half being rounded upwards). At least 20 days prior to the yearly anniversary of the Redemption Date, written notice (the "Redemption Notice") shall be mailed first class, postage prepaid, to each holder of record (at the close of business on the business day next preceding the day on which notice is given) of the Series C Preferred Stock and Series D Preferred Stock, at the address last shown on the records of the corporation for such holder or given by the holder to the corporation for the purpose of notice or if no such address appears or is given, at the place where the principal executive office of the corporation is located, notifying such holder of the redemption to be effected, specifying the amount to be redeemed by such holder, the Redemption Date, the Redemption Price, the place at which payment may be redeemed obtained and the date on a Redemption Daywhich such holder's right to convert Series C Preferred Stock or Series D Preferred Stock into Common Stock, as to such shares, terminates and calling upon such holder to surrender to the corporation, in the manner and at the place designated, its certificate or certificates representing the shares to be redeemed. Requests for redemption must be received by the Depositary Except as provided in paragraph 5(d), on or before the Redemption Deadline. Redemption requests received after the Redemption Deadline will Date, each holder of Series C Preferred Stock or Series D Preferred Stock to be processed on redeemed shall surrender to the next following Redemption Day. Under normal circumstancescorporation the certificate or certificates representing such shares, payment for redeemed Units will be made within in the manner and at the place designated in the Redemption Payment Day as set out Notice, and thereupon, the aggregate Redemption Price of such shares shall be payable in Annex A for each Sub-Fund. The Management Company may under particular circumstances, e.g. in connection with a restructuring involving another Sub-Fund cash to the order of the UCITS person whose name appears on such certificate or other funds or sub-funds managed by the Management Company or a company part of the same group certificates as the Management Company, shorten Redemption Deadlines in relation to a specific Redemption Day owner thereof and Sub-Fund, provided always that the interest of the non-redeeming Unitholders shall not be adversely affected thereby. A Unitholder may not withdraw a redemption request once it has been submitted and received by the Depositary, unless the Management Company, acting in the best interests of the Unitholders, determines to permit the withdrawal of such request in whole or in part. A Unitholder will have no rights with respect to Units redeemed (whether voluntarily or compulsorily) on and from the relevant Redemption Day, except the right to receive the redemption proceeds with respect to such Units and any dividend or distribution that has been declared prior to such Redemption Day but has not yet been paid. In particular, the Unitholder ceases his or her participation in the Units performance on and from the relevant Redemption Day. Each payment and/or distribution of redemption proceeds (whether made in connection with a redemption request or a distribution to a Unitholder) each surrendered certificate shall be subject to the limitations on payments and/or distributions imposed by (a) laws, regulations or other restrictions established by applicable regulatory agencies or self- regulatory association, (b) any investment vehicle from which a Sub-Fund might directly seek to withdraw funds, or (c) any agreements entered into by, or binding upon, the Management Company or its delegates acting on behalf of the Sub-Fund. The Management Company shall determine the applicability of any such limitations on payments and/or distributions and the applicable amount to be withheld from any payment and/or distribution. In particular, the Management Company or the Depositary may refuse to make a redemption payment to a Unitholder if the Management Company or the Depositary suspects or is advised that the payment of any redemption proceeds to such Unitholder may result in a breach or violation of any anti-money laundering law by any person in any relevant jurisdiction, or if such refusal is necessary to ensure the compliance by the Depositary, the Management Company, the Management Company delegates or service providers with any anti-money laundering law in any relevant jurisdictioncanceled.

Appears in 2 contracts

Samples: Neoforma Com Inc, Neoforma Com Inc

Redemption Procedure. Units may be redeemed on a Redemption Day. Requests for redemption must be received Subject to subsection (A) of this Section 4.4, within fifteen (15) days of the receipt by the Depositary on or before Corporation of the Redemption Deadline. Redemption requests received after the Redemption Deadline will be processed on the next following Redemption Day. Under normal circumstancesRequest, payment for redeemed Units will be made within the Redemption Payment Day as set out in Annex A for each Sub-Fund. The Management Company may under particular circumstances, e.g. in connection with a restructuring involving another Sub-Fund of the UCITS or other funds or sub-funds managed by the Management Company or a company part of the same group as the Management Company, shorten Redemption Deadlines in relation to a specific Redemption Day and Sub-Fund, provided always that the interest of the non-redeeming Unitholders shall not be adversely affected thereby. A Unitholder may not withdraw a redemption request once it has been submitted and received by the Depositary, unless the Management Company, acting in the best interests of the Unitholders, determines to permit the withdrawal of such request in whole or in part. A Unitholder will have no rights with respect to Units redeemed the first Redemption Date, and not less than thirty (whether voluntarily 30) days prior to the second and third Redemption Dates, the Corporation shall mail, first class postage prepaid, written notice (the “Notice of Redemption”) to each holder of record (at the close of business on the business day preceding the day on which notice is given) of Preferred Stock, at the address last shown on the records of the Corporation for such holder or compulsorily) on and from given by the relevant Redemption Dayholder to the Corporation, except for the right to receive purpose of notifying such holder of the redemption proceeds with respect to be effected. The Notice of Redemption shall specify the applicable Redemption Date, the number of shares of each series of Preferred Stock held by the holder that the Corporation shall redeem on the Redemption Date specified in the Notice of Redemption, and the place at which payment shall be made, which shall be the principal offices of the Corporation or such Units other place as shall be mutually agreeable to the Corporation and any dividend holders of a majority of the shares of Preferred Stock then outstanding, on an as-converted basis. The Notice of Redemption shall call upon each holder of Preferred Stock to either (i) surrender to the Corporation, in the manner and at the place designated, such holder’s certificate or distribution that has been declared certificates representing the shares to be redeemed or (ii) convert such Preferred Stock into Common Stock prior to such the applicable Redemption Day but has not yet been paidDate in accordance with the provisions of Section 4.3 above. In particularSubject to Section 4.4 (C), on each Redemption Date, the Unitholder ceases his Corporation shall pay the Redemption Price in cash or her participation by check to the order of the person whose name appears on the certificate or certificates of the Preferred Stock that (i) shall not have been converted pursuant to Section 4.3 hereof and (ii) shall have been surrendered to the Corporation in the Units performance on manner and from at the relevant place designated in the Notice of Redemption Day. Each payment and/or distribution of redemption proceeds (whether made in connection with a redemption request or a distribution to a Unitholder) and thereupon each surrendered certificate shall be subject to the limitations on payments and/or distributions imposed by (a) laws, regulations or other restrictions established by applicable regulatory agencies or self- regulatory association, (b) any investment vehicle from which a Sub-Fund might directly seek to withdraw funds, or (c) any agreements entered into by, or binding upon, the Management Company or its delegates acting on behalf of the Sub-Fund. The Management Company shall determine the applicability of any such limitations on payments and/or distributions and the applicable amount to be withheld from any payment and/or distribution. In particular, the Management Company or the Depositary may refuse to make a redemption payment to a Unitholder if the Management Company or the Depositary suspects or is advised that the payment of any redemption proceeds to such Unitholder may result in a breach or violation of any anti-money laundering law by any person in any relevant jurisdiction, or if such refusal is necessary to ensure the compliance by the Depositary, the Management Company, the Management Company delegates or service providers with any anti-money laundering law in any relevant jurisdictioncanceled.

Appears in 2 contracts

Samples: Mavenir Systems Inc, Mavenir Systems Inc

Redemption Procedure. Units may be redeemed on a Redemption Day. Requests for redemption must be received by the Depositary on or before the Redemption Deadline. Redemption requests received after the Redemption Deadline will be processed on the next following Redemption Day. Under normal circumstances, payment for redeemed Units will be made within the Redemption Payment Day as set out in Annex A for each Sub-Sub- Fund. The Management Company may under particular circumstances, e.g. in connection with a restructuring involving another Sub-Fund of the UCITS or other funds or sub-funds managed by the Management Company or a company part of the same group as the Management Company, shorten Redemption Deadlines in relation to a specific Redemption Day and Sub-Fund, provided always that the interest of the non-redeeming Unitholders shall not be adversely affected thereby. A Unitholder may not withdraw a redemption request once it has been submitted and received by the Depositary, unless the Management Company, acting in the best interests of the Unitholders, determines to permit the withdrawal of such request in whole or in part. A Unitholder will have no rights with respect to Units redeemed (whether voluntarily or compulsorily) on and from the relevant Redemption Day, except the right to receive the redemption proceeds with respect to such Units and any dividend or distribution that has been declared prior to such Redemption Day but has not yet been paid. In particular, the Unitholder ceases his or her participation in the Units performance on and from the relevant Redemption Day. Each payment and/or distribution of redemption proceeds (whether made in connection with a redemption request or a distribution to a Unitholder) shall be subject to the limitations on payments and/or distributions imposed by (a) laws, regulations or other restrictions established by applicable regulatory agencies or self- self-regulatory association, (b) any investment vehicle from which a Sub-Fund might directly seek to withdraw funds, or (c) any agreements entered into by, or binding upon, the Management Company or its delegates acting on behalf of the Sub-Fund. The Management Company shall determine the applicability of any such limitations on payments and/or distributions and the applicable amount to be withheld from any payment and/or distribution. In particular, the Management Company or the Depositary may refuse to make a redemption payment to a Unitholder if the Management Company or the Depositary suspects or is advised that the payment of any redemption proceeds to such Unitholder may result in a breach or violation of any anti-money laundering law by any person in any relevant jurisdiction, or if such refusal is necessary to ensure the compliance by the Depositary, the Management Company, the Management Company delegates or service providers with any anti-money laundering law in any relevant jurisdiction.

Appears in 1 contract

Samples: Unit Trust Agreement

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Redemption Procedure. Units may The payment of cash pursuant to an Optional Redemption shall be redeemed on a Redemption Day. Requests for redemption must be received by the Depositary on or before the Redemption Deadline. Redemption requests received after the Redemption Deadline will be processed payable on the next following Optional Redemption DayDate. Under normal circumstances, payment for redeemed Units will be made within the Redemption Payment Day as set out in Annex A for each Sub-Fund. The Management Company may under particular circumstances, e.g. in connection with a restructuring involving another Sub-Fund If any portion of the UCITS or other funds or sub-funds managed by the Management Company or a company part of the same group as the Management Company, shorten payment pursuant to an Optional Redemption Deadlines in relation to a specific Redemption Day and Sub-Fund, provided always that the interest of the non-redeeming Unitholders shall not be adversely affected thereby. A Unitholder may not withdraw a redemption request once it has been submitted and received paid by the DepositaryCompany by the Optional Redemption Date, unless interest shall accrue thereon at an interest rate equal to the Management Companylesser of 18% per annum or the maximum rate permitted by applicable law until such amount is paid in full. Notwithstanding anything contained herein to the contrary, acting in the best interests if any portion of the UnitholdersOptional Redemption Price remains unpaid after the Optional Redemption Date, determines the Holder may elect, by written notice to permit the withdrawal of Company given at any time thereafter, to invalidate such request in whole or in part. A Unitholder will have no rights Optional Redemption, ab initio, and, with respect to Units redeemed (whether voluntarily or compulsorily) on and from the relevant Redemption DayCompany's failure to honor such Optional Redemption, except the Company shall have no further right to receive exercise such Redemption. The Holder may elect to exercise this Warrant pursuant to Section 2 prior to actual payment in cash of the redemption proceeds Optional Redemption Price by the delivery of a Notice of Exercise to the Company. Pro Rata Redemption Requirement. If the Company causes an Optional Redemption with respect to such Units less than all of the Warrants and any dividend or distribution that Other Warrants then outstanding, then the Company shall require redemption of the Warrants and the Other Warrants from the Holder and each of the holders of the Other Warrants equal to the product of (i) the number of Warrants which the Company has been declared prior elected to such Redemption Day but has not yet been paid. In particularcause to be redeemed pursuant to this Section 5, multiplied by (ii) the fraction, the Unitholder ceases his or her participation numerator of which is the aggregate number of Warrants purchased by the Holder and the denominator of which is the aggregate number of Warrants issued by the Company pursuant to the Purchase Agreement (such fraction with respect to each holder is referred to as its "Allocation Percentage," and such amount with respect to each holder is referred to as its "Pro Rata Amount"); provided, however that in the Units performance on and from the relevant Redemption Day. Each payment and/or distribution of redemption proceeds (whether made in connection with a redemption request event that any holder's Pro Rata Amount exceeds such holder's Warrants or a distribution to a Unitholder) Other Warrants, then such excess Pro Rata Amount shall be subject to allocated amongst the limitations on payments and/or distributions imposed by (a) laws, regulations or other restrictions established by applicable regulatory agencies or self- regulatory association, (b) any investment vehicle from which a Sub-Fund might directly seek to withdraw funds, or (c) any agreements entered into by, or binding upon, remaining holders of Warrants and Other Warrants in accordance with the Management Company or its delegates acting on behalf of the Sub-Fundforegoing formula. The Management Company shall determine the applicability of any such limitations on payments and/or distributions and the applicable amount to be withheld from any payment and/or distribution. In particular, the Management Company or the Depositary may refuse to make a redemption payment to a Unitholder if the Management Company or the Depositary suspects or is advised that the payment of any redemption proceeds to such Unitholder may result in a breach or violation of any anti-money laundering law by any person in any relevant jurisdiction, or if such refusal is necessary to ensure the compliance by the Depositary, the Management Company, the Management Company delegates or service providers with any anti-money laundering law in any relevant jurisdictionCertain Defined Terms.

Appears in 1 contract

Samples: S&W Seed Co

Redemption Procedure. Units Notes presented for redemption pursuant to Section 7.1(a) or (b) will be redeemed in order of their receipt by the Trustee, except that Notes presented for payment in the event of death of a holder pursuant to Section 7.1(b), will be given priority in order of their receipt, over other Notes. Notes not redeemed in any such period because they have not been presented prior to November 1 of that period or because of the Annual Amount Limitations will be held in order of their receipt for redemption during the following twelve (12) month period(s) until redeemed, unless sooner withdrawn by the holder. Holders of Notes presented for redemption shall be entitled to and shall receive scheduled monthly payments of interest thereon on scheduled Interest Payment Dates until their Notes are redeemed. In the event that a holder or his or her duly authorized representative notifies the Trustee of such person's desire to redeem all or any portion of the Notes pursuant to Section 7.1 of the Indenture, the Trustee shall furnish such person with the form set forth in Exhibit A hereto (for redemptions pursuant to Section 7.1(a) of the Indenture) or Exhibit B hereto (for redemptions pursuant to Section 7.1(b) of the Indenture). Notes may be redeemed on a Redemption Day. Requests presented for redemption must be received by delivering to the Trustee by hand delivery or registered mail at its main office: (A) a written request for redemption, in the form provided by the Depositary on Trustee upon written request, signed by the registered holder(s) or before his or her duly authorized representative, (B) the Redemption Deadline. Redemption requests received after Note to be redeemed, free and clear of any liens or encumbrances of any kind, and (C) in the Redemption Deadline will be processed on the next following Redemption Day. Under normal circumstancescase of a request made pursuant to Section 7.1(b), payment for redeemed Units will be appropriate evidence of such death and, if made within the Redemption Payment Day as set out in Annex A for each Sub-Fundby a representative of a deceased holder, appropriate evidence of authority to make such request. The Management price to be paid by the Company may under particular circumstances, e.g. for all Notes or portions thereof presented to it pursuant to the provisions described in connection with a restructuring involving another Sub-Fund this Section 7.1 is 100% of the UCITS or other funds or sub-funds managed principal amount thereof to be redeemed, plus accrued but unpaid interest on such principal amount to the date of payment. Any acquisition of Notes by the Management Company or a company part other than by redemption at the option of the same group as the Management Company, shorten Redemption Deadlines in relation any holder pursuant to a specific Redemption Day and Sub-Fund, provided always that the interest of the non-redeeming Unitholders Section 7.1 shall not be adversely affected thereby. A Unitholder may not withdraw a redemption request once it has been submitted and received by the Depositary, unless the Management Company, acting included in the best interests computation of the Unitholders, determines to permit the withdrawal Annual Amount Limitations for any period. For purposes of such request in whole or in part. A Unitholder will have no rights with respect to Units redeemed (whether voluntarily or compulsorilySection 7.1(a) on and from the relevant Redemption Day, except the right to receive the redemption proceeds with respect to such Units and any dividend or distribution that has been declared prior to such Redemption Day but has not yet been paid. In particular, the Unitholder ceases his or her participation in the Units performance on and from the relevant Redemption Day. Each payment and/or distribution of redemption proceeds (whether made in connection with a redemption request or a distribution to a Unitholder) shall be subject to the limitations on payments and/or distributions imposed by (a) laws, regulations or other restrictions established by applicable regulatory agencies or self- regulatory association, (b) any investment vehicle from which and this Section 7.2, (i) a Sub-Fund might directly seek Note held in tenancy by the entirety, joint tenancy or tenancy in common will be deemed to withdraw fundsbe held by a single holder, (ii) the death of a tenant by the entirety, joint tenant or tenant in common will be deemed the death of a holder, (ciii) any agreements entered into by, or binding upon, the Management Company or its delegates acting on behalf a person who is entitled to substantially all of the Sub-Fund. The Management Company shall determine the applicability beneficial interests of any such limitations on payments and/or distributions and the applicable amount ownership of a Note will be deemed to be withheld from any payment and/or distributionthe holder and (iv) the death of such person will be deemed to be the death of the holder, regardless of the registered holder. In particular, the Management Company or the Depositary may refuse to make a redemption payment to a Unitholder if the Management Company or the Depositary suspects or is advised that the payment of any redemption proceeds to such Unitholder may result in a breach or violation of any anti-money laundering law by any person in any relevant jurisdiction, or if such refusal is necessary to ensure the compliance by the Depositary, the Management Company, the Management Company delegates or service providers with any anti-money laundering law in any relevant jurisdiction.For

Appears in 1 contract

Samples: Sholodge Inc

Redemption Procedure. Units Notes presented for redemption pursuant to Section 7.1(a) or (b) will be redeemed in order of their receipt by the Trustee, except that Notes presented for payment in the event of death of a holder pursuant to Section 7.1(b), will be given priority in order of their receipt, over other Notes. Notes not redeemed in any such period because they have not been presented prior to November 1 of that period or because of the Annual Amount Limitations will be held in order of their receipt for redemption during the following twelve (12) month period(s) until redeemed, unless sooner withdrawn by the holder. Holders of Notes presented for redemption shall be entitled to and shall receive scheduled monthly payments of interest thereon on scheduled Interest Payment Dates until their Notes are redeemed. In the event that a holder or his or her duly authorized representative notifies the Trustee of such person's desire to redeem all or any portion of the Notes pursuant to Section 7.1 of the Indenture, the Trustee shall furnish such person with the form set forth in Exhibit A hereto (for redemptions pursuant to Section 7.1(a) of the Indenture) or Exhibit B hereto (for redemptions pursuant to Section 7.1(b) of the Indenture). Notes may be redeemed on a Redemption Day. Requests presented for redemption must be received by delivering to the Trustee by registered mail at its main office: (A) a written request for redemption, in the form provided by the Depositary on Trustee upon written request, signed by the registered holder(s) or before his or her duly authorized representative, (B) the Redemption Deadline. Redemption requests received after Note to be redeemed, free and clear of any liens or encumbrances of any kind, and (C) in the Redemption Deadline will be processed on the next following Redemption Day. Under normal circumstancescase of a request made pursuant to Section 7.1(b), payment for redeemed Units will be appropriate evidence of such death and, if made within the Redemption Payment Day as set out in Annex A for each Sub-Fundby a representative of a deceased holder, appropriate evidence of authority to make such request. The Management price to be paid by the Company may under particular circumstances, e.g. for all Notes or portions thereof presented to it pursuant to the provisions described in connection with a restructuring involving another Sub-Fund this Section 7.1 is 100% of the UCITS or other funds or sub-funds managed principal amount thereof to be redeemed, plus accrued but unpaid interest on such principal amount to the date of payment. Any acquisition of Notes by the Management Company or a company part other than by redemption at the option of the same group as the Management Company, shorten Redemption Deadlines in relation any holder pursuant to a specific Redemption Day and Sub-Fund, provided always that the interest of the non-redeeming Unitholders Section 7.1 shall not be adversely affected thereby. A Unitholder may not withdraw a redemption request once it has been submitted and received by the Depositary, unless the Management Company, acting included in the best interests computation of the Unitholders, determines to permit the withdrawal Annual Amount Limitations for any period. For purposes of such request in whole or in part. A Unitholder will have no rights with respect to Units redeemed (whether voluntarily or compulsorilySection 7.1(a) on and from the relevant Redemption Day, except the right to receive the redemption proceeds with respect to such Units and any dividend or distribution that has been declared prior to such Redemption Day but has not yet been paid. In particular, the Unitholder ceases his or her participation in the Units performance on and from the relevant Redemption Day. Each payment and/or distribution of redemption proceeds (whether made in connection with a redemption request or a distribution to a Unitholder) shall be subject to the limitations on payments and/or distributions imposed by (a) laws, regulations or other restrictions established by applicable regulatory agencies or self- regulatory association, (b) any investment vehicle from which and this Section 7.2, (i) a Sub-Fund might directly seek Note held in tenancy by the entirety, joint tenancy or tenancy in common will be deemed to withdraw fundsbe held by a single holder, (ii) the death of a tenant by the entirety, joint tenant or tenant in common will be deemed the death of a holder, (ciii) any agreements entered into by, or binding upon, the Management Company or its delegates acting on behalf a person who is entitled to substantially all of the Sub-Fund. The Management Company shall determine the applicability beneficial interests of any such limitations on payments and/or distributions and the applicable amount ownership of a Note will be deemed to be withheld from any payment and/or distributionthe holder and (iv) the death of such person will be deemed to be the death of the holder, regardless of the registered holder. In particular, the Management Company or the Depositary may refuse to make a redemption payment to a Unitholder if the Management Company or the Depositary suspects or is advised that the payment of any redemption proceeds to such Unitholder may result in a breach or violation of any anti-money laundering law by any person in any relevant jurisdiction, or if such refusal is necessary to ensure the compliance by the Depositary, the Management Company, the Management Company delegates or service providers with any anti-money laundering law in any relevant jurisdiction.For

Appears in 1 contract

Samples: Sholodge Inc

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