Satisfaction of Sinking Fund Payments with Securities. Except as otherwise specifically contemplated by Section 301 for Securities of such series, the Company may, in satisfaction of all or any part of any mandatory sinking fund payment with respect to the Securities of a series, (a) deliver Outstanding Securities of such series (other than any previously called for redemption) together in the case of any Bearer Securities of such series with all unmatured coupons appertaining thereto and (b) apply as a credit Securities of such series which have been redeemed either at the election of the Company pursuant to the terms of such Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Securities, as provided for by the terms of such Securities; provided that such Securities so delivered or applied as a credit have not been previously so credited. Such Securities shall be received and credited for such purpose by the Trustee at the applicable Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 18 contracts
Sources: Indenture (Tampa DC, LLC), Indenture (Tampa DC, LLC), Indenture (Federated National Holding Co)
Satisfaction of Sinking Fund Payments with Securities. Except as otherwise specifically contemplated by Section 301 for Securities of such series, the The Company may, in satisfaction of all or any part of any mandatory sinking fund payment with respect to the Securities of a series, (a1) deliver Outstanding Securities of such series (other than any previously called for redemption) together in the case of any Bearer Securities of such series with all unmatured coupons appertaining thereto and (b2) apply as a credit Securities of such series which have been redeemed either at the election of the Company pursuant to the terms of such Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Securities, as provided for by the terms of such Securities, or which have otherwise been acquired by the Company; provided PROVIDED that such Securities so delivered or applied as a credit have not been previously so credited. Such Securities shall be received and credited for such purpose by the Trustee at the applicable Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 13 contracts
Sources: Indenture (Wyman Gordon Co), Indenture (Western Investment Real Estate Trust), Indenture (Western Investment Real Estate Trust)
Satisfaction of Sinking Fund Payments with Securities. Except as otherwise specifically contemplated by Section 301 for Securities of such series, the Company The Issuer may, in satisfaction of all or any part of any mandatory sinking fund payment with respect to the Securities of a series, (a1) deliver Outstanding Securities of such series (other than any previously called for redemption) together in the case of any Bearer Securities of such series with all unmatured coupons appertaining thereto and (b2) apply as a credit Securities of such series which have been redeemed either at the election of the Company Issuer pursuant to the terms of such Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Securities, as provided for by the terms of such Securities, or which have otherwise been acquired by the Issuer; provided that such Securities so delivered or applied as a credit have not been previously so credited. Such Securities shall be received and credited for such purpose by the Trustee at the applicable Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 11 contracts
Sources: Fourth Supplemental Indenture (Kimco Realty OP, LLC), Supplemental Indenture (Kimco Realty OP, LLC), Indenture (Kimco Realty OP, LLC)
Satisfaction of Sinking Fund Payments with Securities. Except as otherwise specifically contemplated by Section 301 for Securities of such series, the The Company may, in satisfaction of all or any part of any mandatory sinking fund payment with respect to the Securities of a series, (a1) deliver Outstanding Securities of such series (other than any previously called for redemption) together in the case of any Bearer Securities of such series with all unmatured coupons appertaining thereto and (b2) apply as a credit Securities of such series which have been redeemed either at the election of the Company pursuant to the terms of such Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Securities, as provided for by the terms of such Securities; provided PROVIDED that such Securities so delivered or applied as a credit have not been previously so credited. Such Securities shall be received and credited for such purpose by the Trustee at the applicable Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 11 contracts
Sources: Indenture (Lci International Inc /Va/), Indenture (Developers Diversified Realty Corp), Indenture (Deere John Capital Corp)
Satisfaction of Sinking Fund Payments with Securities. Except as otherwise specifically contemplated by Section 301 for Securities of such series, the The Company may, in satisfaction of all or any part of any mandatory sinking fund payment with respect to the Securities of a series, (a1) deliver Outstanding Securities of such series (other than any previously called for redemption) together together, in the case of any Bearer Securities of such series series, with all unmatured coupons appertaining thereto and (b2) apply as a credit Securities of such series which have been redeemed either at the election of the Company pursuant to the terms of such Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Securities, as provided for by the terms of such Securities, or which have otherwise been acquired by the Company; provided PROVIDED, HOWEVER, that such Securities so delivered or applied as a credit have not been previously so credited. Such Securities shall be received and credited for such purpose by the Trustee at the applicable Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 10 contracts
Sources: Indenture (Kilroy Realty, L.P.), Indenture (Pan Pacific Retail Properties Inc), Indenture (Viasat Inc)
Satisfaction of Sinking Fund Payments with Securities. Except as otherwise specifically contemplated by Section 301 for Securities of such series, the The Company may, in satisfaction of all or any part of any mandatory sinking fund payment with respect to the Securities of a series, (a) may deliver to the Trustee Outstanding Securities of such series (other than any previously called for redemption) together of a series in the case respect of any Bearer Securities of such series with all unmatured coupons appertaining thereto which a mandatory sinking fund payment is to be made and (b) may apply as a credit Securities of such series which have been redeemed either at the election of the Company pursuant to the terms of such Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Securities, as provided for by the terms in each case in satisfaction of all or any part of such Securitiesmandatory sinking fund payment with respect to the Securities of such series; provided provided, however, that no Securities shall be applied in satisfaction of a mandatory sinking fund payment if such Securities so delivered or applied as a credit shall have not been previously so creditedapplied. Such Securities so applied shall be received and credited for such purpose by the Trustee at the applicable Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 9 contracts
Sources: Indenture (Txu Capital Iv), Indenture (Enserch Capital I), Indenture (Allete Capital Iii)
Satisfaction of Sinking Fund Payments with Securities. Except as otherwise specifically contemplated by Section 301 for Securities of such series, the The Company may, in satisfaction of all or any part of any mandatory sinking fund payment with respect to the Securities of a series, (a1) deliver Outstanding Securities of such series (other than any previously called for redemption) together together, in the case of any Bearer Securities of such series series, with all unmatured coupons appertaining thereto and (b2) apply as a credit Securities of such series which have been redeemed either at the election of the Company pursuant to the terms of such Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Securities, as provided for by the terms of such Securities, or which have otherwise been acquired by the Company; provided provided, however, that such Securities so delivered or applied as a credit have not been previously so credited. Such Securities shall be received and credited for such purpose by the Trustee at the applicable Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 7 contracts
Sources: Indenture (American Assets Trust, L.P.), Indenture (Kilroy Realty, L.P.), Supplemental Indenture (Kilroy Realty, L.P.)
Satisfaction of Sinking Fund Payments with Securities. Except as otherwise specifically contemplated by Section 301 for Securities of such series, the The Company may, in satisfaction of all or any part of any mandatory sinking fund payment with respect to the Securities of a series, series required to be made pursuant to the terms of such Securities (ai) deliver Outstanding Securities of such series (other than any of such Securities previously called for redemption) together in the case of any Bearer Securities of such series with all unmatured coupons appertaining thereto thereto, and (bii) apply as a credit Securities of such series which have been redeemed either at the election of the Company pursuant to the terms of such Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Securities, as provided for by the terms of such Securities; provided that such Securities so delivered or applied as a credit have not been previously so credited. Such Securities shall be received and credited for such purpose by the Trustee at the applicable Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 6 contracts
Sources: Indenture (American General Finance Corp), Indenture (American General Finance Inc), Indenture (Old National Bancorp /In/)
Satisfaction of Sinking Fund Payments with Securities. Except as otherwise specifically contemplated by Section 301 for Securities of such series, the The Company may, in satisfaction of all or any part of any mandatory sinking fund payment with respect to the Securities of a seriesSeries, (a1) deliver Outstanding Securities of such series Series (other than any previously called for redemption) together in the case of any Bearer Securities of such series Series with all unmatured coupons appertaining thereto and (b2) apply as a credit Securities of such series Series which have been redeemed either at the election of the Company pursuant to the terms of such Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Securities, as provided for by the terms of such Securities, or which have otherwise been acquired by the Company; provided that such Securities so delivered or applied as a credit have not been previously so credited. Such Securities shall be received and credited for such purpose by the Trustee at the applicable Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 3 contracts
Sources: Indenture Agreement (Boston Properties LTD Partnership), Indenture (Boston Properties LTD Partnership), Indenture (Boston Properties LTD Partnership)
Satisfaction of Sinking Fund Payments with Securities. Except as otherwise specifically contemplated by Section 301 for Securities of such series, the Company may, in satisfaction of all or any part of any mandatory sinking fund payment with respect to the Securities of a series, (a1) deliver Outstanding Securities to the Trustee of such series (other than any previously called for redemption) together in the case of any Bearer Securities of such series with all unmatured coupons appertaining thereto and (b2) apply as a credit Securities of such series which have been redeemed either at the election of the Company pursuant to the terms of such Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Securities, as provided for by the terms of such Securities; provided that such Securities so delivered or applied as a credit have not been previously so credited. Such Securities shall be received and credited for such purpose by the Trustee at the applicable Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 3 contracts
Sources: Subordinated Indenture (KPMG Consulting Inc), Subordinated Indenture (SPX Corp), Indenture (SPX Corp)
Satisfaction of Sinking Fund Payments with Securities. Except as otherwise specifically contemplated by Section 301 for Securities of such series, the Company may, in satisfaction of all or any part of any mandatory sinking fund payment with respect to the Securities of a series, (a1) deliver Outstanding Securities of such series (other than any previously called for redemption) together in the case of any Bearer Securities of such series with all unmatured coupons appertaining thereto and (b2) apply as a credit Securities of such series which have been redeemed either at the election of the Company pursuant to the terms of such Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Securities, as provided for by the terms of such Securities; provided that such Securities so delivered or applied as a credit have not been previously so credited. Such Securities shall be received and credited for such purpose by the Trustee at the applicable Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 3 contracts
Sources: Indenture (Quest Diagnostics Clinical Laboratories Inc /De/), Indenture (Quest Diagnostics Clinical Laboratories Inc /De/), Indenture (Quest Diagnostics Inc)
Satisfaction of Sinking Fund Payments with Securities. Except as otherwise specifically contemplated by Section 301 for Securities of such series, the Company The Trust may, in satisfaction of all or any part of any mandatory sinking fund payment with respect to the Securities of a series, (a1) deliver Outstanding Securities of such series (other than any previously called for redemption) together in the case of any Bearer Securities of such series with all unmatured coupons appertaining thereto and (b2) apply as a credit Securities of such series which have been redeemed either at the election of the Company Trust pursuant to the terms of such Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Securities, as provided for by the terms of such Securities, or which have otherwise been acquired by the Trust; provided that such Securities so delivered or applied as a credit have not been previously so credited. Such Securities shall be received and credited for such purpose by the Trustee at the applicable Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 2 contracts
Sources: Indenture (American Industrial Properties Reit Inc), Indenture (Washington Real Estate Investment Trust)
Satisfaction of Sinking Fund Payments with Securities. Except as otherwise specifically contemplated by Section 301 for Securities of such series, the Company The Partnership may, in satisfaction of all or any part of any mandatory sinking fund payment with respect to the Securities of a series, (a1) deliver Outstanding Securities of such series (other than any previously called for redemption) together in the case of any Bearer Securities of such series with all unmatured coupons appertaining thereto and (b2) apply as a credit Securities of such series which have been redeemed either at the election of the Company Partnership pursuant to the terms of such Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Securities, as provided for by the terms of such Securities, or which have otherwise been acquired by the Partnership; provided PROVIDED that such Securities so delivered or applied as a credit have not been previously so credited. Such Securities shall be received and credited for such purpose by the Trustee at the applicable Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 2 contracts
Sources: Indenture (Heritage Property Investment Trust Inc), Indenture (Gables Realty Limited Partnership)
Satisfaction of Sinking Fund Payments with Securities. Except as otherwise specifically contemplated by Section 301 for Securities of such series, the The Company may, in satisfaction of all or any part of any mandatory sinking fund payment with respect to the Securities of a series, (a1) deliver Outstanding Securities of such series (other than any previously called for redemption) together in the case of any Bearer Securities of such series with all unmatured coupons appertaining thereto and (b2) apply as a credit Securities of such series which have been redeemed either at the election of the Company pursuant to the terms of such Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Securities, as provided for by the terms of such Securities; provided that such Securities so delivered or -------- applied as a credit have not been previously so credited. Such Securities shall be received and credited for such purpose by the Trustee at the applicable Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 2 contracts
Sources: Indenture (Level 3 Communications Inc), Indenture (Level 3 Communications Inc)
Satisfaction of Sinking Fund Payments with Securities. Except as otherwise specifically contemplated by Section 301 for Securities of such series, the Company The Issuer may, in satisfaction of all or any part of any mandatory sinking fund payment with respect to the Securities of a series, (ai) deliver Outstanding Securities of such series (other than any previously called for redemption) together in the case of any Bearer Securities of such series with all unmatured coupons appertaining thereto and (bii) apply as a credit Securities of such series which have been redeemed either at the election of the Company Issuer pursuant to the terms of such Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Securities, as provided for by the terms of such Securities, or which have otherwise been acquired by the Issuer; provided that such Securities so delivered or applied as a credit have not been previously so credited. Such Securities shall be received and credited for such purpose by the Trustee at the applicable Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 2 contracts
Sources: Indenture (Walden Residential Properties Inc), Indenture (Chateau Communities Inc)
Satisfaction of Sinking Fund Payments with Securities. Except as otherwise specifically contemplated by Subject to Section 301 for Securities of such series, the Company may1203, in satisfaction lieu of making all or any part of any mandatory sinking fund payment with respect to the any Securities of a seriesseries in cash, the Corporation may at its option (a1) deliver to the Trustees Outstanding Securities of such a series (other than any previously called for redemption) together in theretofore purchased or otherwise acquired by the case Corporation and/or (2) receive credit for the principal amount of any Bearer Securities of such series with all unmatured coupons appertaining thereto and (b) apply as a credit which have been previously delivered to the Trustees by the Corporation or for Securities of such series which have been redeemed either at the election of the Company Corporation pursuant to the terms of such Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Securities, in each case in satisfaction of all or any part of any mandatory sinking fund payment with respect to the Securities of the same series required to be made pursuant to the terms of such Securities as provided for by the terms of such Securitiesseries; provided provided, however, that such Securities so delivered or applied as a credit have not been previously so credited. Such Securities shall be received and credited for such purpose by the Trustee Trustees at the applicable Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 2 contracts
Sources: Indenture (Fairfax Financial Holdings LTD/ Can), Indenture (Fairfax Financial Holdings LTD/ Can)
Satisfaction of Sinking Fund Payments with Securities. Except as otherwise specifically contemplated by Section 301 for Securities of such series, the The Company may, in satisfaction of all or any part of any mandatory sinking fund payment with respect to the Securities of a series required to be made pursuant to the terms of such Securities as provided for by the terms of such series, (a1) deliver Outstanding Securities of such series (other than any previously called for redemption) together together, in the case of any Bearer Securities of such series series, with all unmatured coupons appertaining thereto and (b2) apply as a credit Securities of such series which have been redeemed either at the election of the Company pursuant to the terms of such Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Securities, as provided for by the terms of such Securities, or which have otherwise been acquired by the Company; provided that such Securities so delivered or applied as a credit have not been previously so credited. Such Securities shall be received and credited for such purpose by the Trustee at the applicable Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 2 contracts
Sources: Indenture (Sirius Satellite Radio Inc), Indenture (Cd Radio Inc)
Satisfaction of Sinking Fund Payments with Securities. Except as otherwise specifically contemplated by Section 301 for Securities of such series, the The Company may, at its option, in satisfaction of all or any part of any mandatory sinking fund payment with respect to the Securities of a series, (a1) deliver Outstanding Securities of such series (other than any previously called for redemption) together in the case of any Bearer Securities of such series with all unmatured coupons appertaining thereto and (b2) apply as a credit Securities of such series which have been redeemed either at the election of the Company pursuant to the terms of such Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Securities, as provided for by the terms of such Securities; provided that such Securities so delivered or applied as a credit have not been previously so credited. Such Securities shall be received and credited for such purpose by the Trustee at the applicable Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 2 contracts
Sources: Indenture (Prospect Capital Corp), Indenture (Prospect Capital Corp)
Satisfaction of Sinking Fund Payments with Securities. Except as otherwise specifically contemplated by Subject to Section 301 for Securities of such series, the Company may12.03, in satisfaction lieu of making all or any part of any mandatory sinking fund payment with respect to the any Securities of a seriesseries in cash, the Company may at its option (a1) deliver to the Trustees Outstanding Securities of such a series (other than any previously called for redemption) together in theretofore purchased, and/or (2) receive credit for the case principal amount of any Bearer Securities of such series with all unmatured coupons appertaining thereto and (b) apply as a credit which have been previously delivered to the Trustees by the Company or for Securities of such series which have been redeemed either at the election of the Company pursuant to the terms of such Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Securities, in each case in satisfaction of all or any part of any mandatory sinking fund payment with respect to the Securities of the same series required to be made pursuant to the terms of such Securities as provided for by the terms of such Securitiesseries; provided provided, however, that such Securities so delivered or applied as a credit have not been previously so credited. Such Securities shall be received and credited for such purpose by the Trustee Trustees at the applicable Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 2 contracts
Sources: Indenture (Electrovaya Inc.), Indenture (Colliers International Group Inc.)
Satisfaction of Sinking Fund Payments with Securities. Except as otherwise specifically contemplated by Section 301 for Securities of such series, the The Company may, in satisfaction of all or any part of any mandatory sinking fund payment with respect to the Securities of a series, series (a1) deliver Outstanding Securities of such a series (other than any previously called for redemption) redemption or which have been surrendered for repayment at the option of the Holders), together in the case of any Bearer Securities of such series with all unmatured coupons Coupons appertaining thereto and (b2) apply as a credit Securities of such series which have been redeemed either at the election of the Company pursuant to the terms of such Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Securities, as provided for by the terms of such Securitiesseries; provided that such Securities so delivered or applied as a credit have not been previously so credited. Such Securities shall be received and credited for such purpose by the Trustee at the applicable Redemption Price specified in such Securities so delivered or applied as a credit for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 1 contract
Sources: Indenture (Sola International Inc)
Satisfaction of Sinking Fund Payments with Securities. Except as otherwise specifically contemplated by Subject to Section 301 for Securities of such series, the Company may12.3, in satisfaction lieu of making all or any part of any mandatory sinking fund payment with respect to the any Securities of a seriesseries in cash, the Corporation may at its option (a1) deliver to the Trustees Outstanding Securities of such a series (other than any previously called for redemption) together in previously purchased or otherwise acquired by the case Corporation and/or (2) receive credit for the principal amount of any Bearer Securities of such series with all unmatured coupons appertaining thereto and (b) apply as a credit which have been previously delivered to the Trustees by the Corporation or for Securities of such series which have been redeemed either at the election of the Company Corporation pursuant to the terms of such Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Securities, in each case in satisfaction of all or any part of any mandatory sinking fund payment with respect to the Securities of the same series required to be made pursuant to the terms of such Securities as provided for by the terms of such Securitiesseries; provided provided, however, that such Securities so delivered or applied as a credit have not been previously so credited. Such Securities shall be received and credited for such purpose by the Trustee Trustees at the applicable Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 1 contract
Sources: Indenture (IESI-BFC LTD)
Satisfaction of Sinking Fund Payments with Securities. Except as otherwise specifically contemplated by Section 301 for Securities of such series, the Company The Partnership may, in satisfaction of all or any part of any mandatory sinking fund payment with respect to the Securities of a series, (a1) deliver Outstanding Securities of such series (other than any previously called for redemption) together in the case of any Bearer Securities of such series with all unmatured coupons appertaining thereto and (b2) apply as a credit Securities of such series which have been redeemed either at the election of the Company Partnership pursuant to the terms of such Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Securities, as provided for by the terms of such Securities, or which have otherwise been acquired by the Partnership; provided PROVIDED that such Securities so 70 77 delivered or applied as a credit have not been previously so credited. Such Securities shall be received and credited for such purpose by the Trustee at the applicable Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 1 contract
Satisfaction of Sinking Fund Payments with Securities. Except as otherwise specifically contemplated by Section 301 for Securities of such series, the The Company may, at its option, in satisfaction of all or any part of any mandatory sinking fund payment a Mandatory Sinking Fund Payment with respect to the Securities a series of Securities, or a seriesTranche thereof, (a) deliver to the Trustee Outstanding Securities of such series (other than any Securities previously called for redemption) together in the case of any Bearer Securities of such series with all unmatured coupons appertaining thereto or Tranche and (b) apply as a credit Securities of such series or Tranche which have been redeemed redeemed, either at the election of the Company pursuant to the terms of such Securities or through the application of permitted optional sinking fund payments Optional Sinking Fund Payments pursuant to the terms of such Securities; provided, as provided for by the terms however, that no Securities shall be applied in satisfaction of such Securities; provided that a Mandatory Sinking Fund Payment if such Securities so delivered or applied as a credit shall have not been previously so creditedapplied. Such Securities so applied shall be received and credited for such purpose by the Trustee at the applicable Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment Mandatory Sinking Fund Payment shall be reduced accordingly.
Appears in 1 contract
Sources: Indenture (United Natural Foods Inc)
Satisfaction of Sinking Fund Payments with Securities. Except as otherwise specifically contemplated by Section 301 for Securities of such series, the The Company may, in satisfaction of all or any part of any mandatory sinking fund payment with respect to the Securities of a seriesany series to be made pursuant to the terms of such Securities, (a1) deliver Outstanding Securities of such series (other than any previously called for redemption) together in the case of any Bearer Securities of such series with all unmatured coupons appertaining thereto and (b2) apply as a credit Securities of such series which have been redeemed (or called for redemption and for which the Redemption Price, together with accrued interest, if any, has been deposited pursuant to Section 11.5) either at the election of the Company pursuant to the terms of such Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Securities, as provided for by the terms of such Securities; provided that such Securities so delivered or applied as a credit have not been previously so credited. Such Securities shall be received and credited for such purpose by the Trustee at the applicable Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 1 contract
Satisfaction of Sinking Fund Payments with Securities. Except as otherwise specifically contemplated by Section 301 for Securities of such series, the The Company may, in satisfaction of all or any part of any mandatory sinking fund payment with respect to the Securities of a series, (a) deliver Outstanding Securities of such series (other than any previously called for redemption) together in the case of any Bearer Securities of such series with all unmatured coupons appertaining thereto and (b) apply as a credit Securities of such series which have been redeemed either at the election of the Company pursuant to the terms of such Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Securities, as provided for by the terms of such Securities, or which have otherwise been acquired by the Company; provided that such Securities so delivered or applied as a credit have not been previously so credited. Such Securities shall be received and credited for such purpose by the Trustee at the applicable Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 1 contract
Satisfaction of Sinking Fund Payments with Securities. Except as otherwise specifically contemplated by Section 301 for Securities of such series, the The Company may, in satisfaction of all or any part of any mandatory sinking fund payment with respect to the Securities of a series, (ai) deliver Outstanding Securities of such series (other than any previously called for redemption) ), together in the case of any Bearer Securities of such series with all unmatured coupons appertaining thereto thereto, and (bii) apply as a credit Securities of such series which have been redeemed either at the election of the Company pursuant to the terms of such Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Securities, as provided for by the terms of such Securities; , or which have otherwise been acquired by the Company, provided that such Securities so delivered or applied as a credit have -------- not been previously so credited. Such Securities shall be received and credited for such purpose by the Trustee at the applicable Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 1 contract
Satisfaction of Sinking Fund Payments with Securities. Except as otherwise specifically contemplated by Section 301 for Securities of such series, the The Company may, in satisfaction of all or any part of any mandatory sinking fund payment with respect to the Securities of a series, (ai) deliver Outstanding Securities of such series (other than any previously called for redemption) ), together in the case of any Bearer Securities of such series with all unmatured coupons appertaining thereto thereto, and (bii) apply as a credit Securities of such series which have been redeemed either at the election of the Company pursuant to the terms of such Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Securities, as provided for by the terms of such Securities; , or which have otherwise been acquired by the Company, provided that such Securities so delivered or applied as a credit have not been -------- previously so credited. Such Securities shall be received and credited for such purpose by the Trustee at the applicable Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 1 contract
Sources: Indenture (Homestead Village Inc)
Satisfaction of Sinking Fund Payments with Securities. Except as otherwise specifically contemplated by Section 301 for Securities of such series, the The Company may, in satisfaction of all or any part of any mandatory sinking fund payment with respect to the Securities of a series, (ai) deliver Outstanding Securities of such series (other than any previously called for redemption) ), together in the case of any Bearer Securities of such series with all unmatured coupons appertaining thereto thereto, and (bii) apply as a credit Securities of such series which have been redeemed either at the election of the Company pursuant to the terms of such Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Securities, as provided for by the terms of such Securities; , or which have otherwise been acquired by the Company, provided that such Securities so delivered or applied as a credit have not been previously so credited. Such Securities shall be received and credited for such purpose by the Trustee at the applicable Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 1 contract
Satisfaction of Sinking Fund Payments with Securities. Except as otherwise specifically contemplated by Section 301 for Securities of such series, the The Company may, in satisfaction of all or any part of any mandatory sinking fund payment with respect to the Securities of a series, series required to be made pursuant to the terms of such Securities (ai) deliver Outstanding Securities of such series (other than any of such Securities previously called for redemption) together in the case of any Bearer Securities of such series with all unmatured coupons appertaining thereto thereto, and (bii) apply as a credit Securities of such series which have been redeemed either at the election of the Company pursuant to the terms of such Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Securities, as provided for by the terms of such Securities; provided Securities;provided that such Securities so delivered or applied as a credit have not been previously so credited. Such Securities shall be received and credited for such purpose by the Trustee at the applicable Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 1 contract
Sources: Indenture (Onb Capital Trust Vi)
Satisfaction of Sinking Fund Payments with Securities. Except as otherwise specifically contemplated by Section 301 for Securities of such series, the The Company may, in satisfaction of all or any part of any mandatory sinking fund payment with respect to the Securities of a series, as provided for by the terms of such Series, (a1) deliver Outstanding Securities of such series (other than any previously called for redemption) together in the case of any Bearer Securities of such series with all unmatured coupons appertaining thereto and (b2) apply as a credit Securities of such series which have been redeemed either at the election of the Company pursuant to the terms of such Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Securities, as provided for by the terms of such Securities, or which have otherwise been acquired by the Company; provided that such Securities so delivered or applied as a credit have not been previously so credited. Such Securities shall be received and credited for such purpose by the Trustee at the applicable Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 1 contract
Sources: Indenture (Dynex Capital Inc)
Satisfaction of Sinking Fund Payments with Securities. Except as otherwise specifically contemplated by Section 301 for Securities of such series, the The Company may, in satisfaction of all or any part of any mandatory sinking fund payment with respect to the Securities of a series, any series to be made pursuant to the terms of such Securities (a) deliver Outstanding Securities of such series (other than any of such Securities previously called for redemption) redemption or any of such Securities in respect of which cash shall have been released to the Company), together in the case of any Bearer Securities of such series with all unmatured coupons appertaining thereto Coupons, and (b) apply as a credit Securities of such series which have been redeemed either at the election of the Company pursuant to the terms of such series of Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Securities, as provided for by the terms of such Securities; provided that such series of Securities so delivered or applied as a credit have not been previously so credited. Such Securities shall be received and credited for such purpose by the Trustee at the applicable Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.the
Appears in 1 contract
Sources: Indenture (Hercules Inc)
Satisfaction of Sinking Fund Payments with Securities. Except as otherwise specifically contemplated by Section 301 for Securities of such series, the The Company may, in satisfaction of all or any part of any mandatory sinking fund payment with respect to the Securities of a series, series (a1) deliver Outstanding Securities of such a series (other than any previously called for redemption) redemption or which have been surrendered for repayment at the option of the Holders), together in the case of any Bearer Securities of such series with all unmatured coupons Coupons appertaining thereto and (b2) apply as a credit Securities of such series which have been redeemed either at the election of the Company pursuant to the terms of such Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Securities, as provided for by the terms of such Securitiesseries; provided that such Securities so -------- delivered or applied as a credit have not been previously so credited. Such Securities shall be received and credited for such purpose by the Trustee at the applicable Redemption Price specified in such Securities so delivered or applied as a credit for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 1 contract
Sources: Indenture (Sola International Inc)
Satisfaction of Sinking Fund Payments with Securities. Except as otherwise specifically contemplated by Section 301 for Securities of such series, the Company The Issuer may, in satisfaction of all or any part of any mandatory sinking fund payment with respect to the Securities of a series, (a1) deliver Outstanding Securities of such series (other than any previously called for redemption) together in the case of any Bearer Securities of such series with all unmatured coupons appertaining thereto and (b2) apply as a credit Securities of such series which have been redeemed either at the election of the Company Issuer pursuant to the terms of such Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Securities, as provided for by the terms of such Securities, or which have otherwise been acquired by the Issuer; provided PROVIDED that such Securities so delivered or applied as a credit have not been previously so credited. Such Securities shall be received and credited for such purpose by the Trustee at the applicable Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 1 contract
Satisfaction of Sinking Fund Payments with Securities. Except as otherwise specifically contemplated by Section 301 for Securities of such series, the The Company may, in satisfaction of all or any part of any mandatory sinking fund payment with respect to the Securities of a series, (a1) deliver Outstanding Securities of such series (other than any previously called for redemption) together in the case of any Bearer Securities of such series with all unmatured coupons appertaining thereto and (b2) apply as a credit Securities of such series which have been redeemed either at the election of the Company pursuant to the terms of such Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Securities, as provided for by the terms of such Securities, or which have otherwise been acquired by the Company; provided that PROVIDED THAT such Securities so delivered or applied as a credit have not been previously so credited. Such Securities shall be received and credited for such purpose by the Trustee at the applicable Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 1 contract
Satisfaction of Sinking Fund Payments with Securities. Except as otherwise specifically contemplated by Section 301 for Securities of such series, the Company The Issuers or any Guarantor may, in satisfaction of all or any part of any mandatory sinking fund payment with respect to the Securities of a seriesany Series to be made pursuant to the terms of such Securities, (a1) deliver Outstanding the outstanding Securities of such series Series to which such sinking fund payment is applicable (other than any of such Securities previously called for mandatory sinking fund redemption) together in and (2) apply as credit the case of any Bearer Securities of such series with all unmatured coupons appertaining thereto Series to which such sinking fund payment is applicable and (b) apply as a credit Securities of such series which have been repurchased by the Issuers or any Guarantor or redeemed either at the election of the Company Issuers pursuant to the terms of such Series of Securities (except pursuant to any mandatory sinking fund) or through the application of permitted optional sinking fund payments or other optional redemptions pursuant to the terms of such Securities, as provided for by the terms of such Securities; provided that such Securities so delivered or applied as a credit have not been previously so credited. Such Securities shall be received and credited for such purpose by the Trustee at the applicable Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.Trustee, together with an Officers’ Certificate with respect thereto, not later than
Appears in 1 contract
Sources: Indenture (Daron Coal Company, LLC)
Satisfaction of Sinking Fund Payments with Securities. Except as otherwise specifically contemplated by Section 301 for Securities of such series, the Company The Issuer may, in satisfaction of all or any part of any mandatory sinking fund payment with respect to the Securities of a series, (a1) deliver Outstanding Securities of such series (other than any previously called for redemption) together in the case of any Bearer Securities of such series with all unmatured coupons Coupons appertaining thereto and (b2) apply as a credit Securities of such series which have been redeemed either at the election of the Company Issuer pursuant to the terms of such Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Securities, as provided for by the terms of such Securities, or which have otherwise been acquired by the Issuer; provided PROVIDED that such Securities so delivered or applied as a credit have not been previously so credited. Such Securities shall be received and credited for such purpose by the Trustee at the applicable Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 1 contract
Sources: Indenture (Simon Property Group Lp)
Satisfaction of Sinking Fund Payments with Securities. Except as otherwise specifically contemplated by Section 301 for Securities of such series, the The Company may, in satisfaction of all or any part of any mandatory sinking fund payment with respect to the Securities of a series, series required to be made pursuant to the terms of such Securities (ai) deliver Outstanding Securities of such series (other than any of such Securities previously called for redemption) together in the case of any Bearer Securities of such series with all unmatured coupons appertaining thereto ), and (bii) apply as a credit Securities of such series which have been redeemed either at the election of the Company pursuant to the terms of such Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Securities, as provided for by the terms of such Securities; provided that such Securities so delivered or applied as a credit have not been previously so credited. Such Securities shall be received and credited for such purpose by the Trustee at the applicable Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 1 contract
Satisfaction of Sinking Fund Payments with Securities. Except as otherwise specifically contemplated by Section 301 for Securities of such series, the Company The Issuer may, in satisfaction of all or any part of any mandatory sinking fund payment with respect to the Securities of a series, (a1) deliver Outstanding Securities of such series (other than any previously called for redemption) together in the case of any Bearer Securities of such series with all any unmatured coupons Coupons appertaining thereto and (b2) apply as a credit Securities of such series which have been redeemed either at the election of the Company Issuer pursuant to the terms of such Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Securities, as provided for by the terms of such Securities, or which have otherwise been acquired by the Issuer; provided that such Securities so delivered or applied as a credit have not been previously so credited. Such Securities shall be received and credited for such purpose by the Trustee at the applicable Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 1 contract
Sources: Indenture (Novellus Systems Inc)
Satisfaction of Sinking Fund Payments with Securities. Except as otherwise specifically contemplated by Section 301 for Securities of such series, the The Company may, in satisfaction of all or any part of any mandatory sinking fund payment with respect to the Securities of a series, (a1) deliver Outstanding Securities of such series (other than any previously called for redemption) together in the case of any Bearer Securities of such series with all unmatured coupons appertaining thereto and (b2) apply as a credit Securities of such series which have been redeemed either at the election of the Company pursuant to the terms of such Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Securities, as provided for by the terms of such Securities, or which have otherwise been acquired by the Company; provided PROVIDED that such Securities so delivered or applied as a credit have not been previously so credited. Such Securities shall be received and credited for such purpose by the Indenture Trustee at the applicable Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 1 contract
Sources: Indenture (Beazer Homes Usa Inc)
Satisfaction of Sinking Fund Payments with Securities. Except as otherwise specifically contemplated by Section 301 for Securities of such series, the Company may, in satisfaction of all or any part of any mandatory sinking fund payment with respect to the Securities of a series, (a1) deliver Outstanding Securities to the Trustee of such series (other than any previously called for redemption) together in the case of any Bearer Securities of such series with all unmatured coupons appertaining thereto and (b2) apply as a credit Securities of such series which have been redeemed either at the election of the Company pursuant to the terms of such Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Securities, as provided for by the terms of such Securities; provided that such Securities so delivered or applied as a credit have not been previously -79- 82 so credited. Such Securities shall be received and credited for such purpose by the Trustee at the applicable Redemption Price specified in such Securities for redemption through operation of the sinking fund and the amount of such mandatory sinking fund payment shall be reduced accordingly.
Appears in 1 contract
Sources: Indenture (SPX Corp)