Common use of Securities Redeemed in Whole or in Part Clause in Contracts

Securities Redeemed in Whole or in Part. Any Security that is to be redeemed, whether in whole or in part, shall be surrendered at the office of the Paying Agent (with, if the Company or the Trustee so requires, due endorsement by, or a written instrument of transfer in form satisfactory to the Company and the Trustee duly executed by, the Holder thereof or such Holder’s attorney duly authorized in writing) and the Company shall execute and the Trustee shall authenticate and deliver to the Holder of such Security, without service charge, a new Security or Securities, of any authorized denomination as requested by such Holder in aggregate principal amount equal to, and in exchange for, the portion of the principal amount of the Security so surrendered which is not redeemed; provided that in no event shall a Security of a principal amount of $1,000 or less be redeemed in part. In the event of a redemption in part, the Company will not be required to (i) issue, register the transfer of or exchange any Security during a period of 15 calendar days before the mailing of the Redemption Notice; or (ii) register the transfer of or exchange any Security so selected for redemption, in whole or in part, except the unredeemed portion of any Security being redeemed in part.

Appears in 5 contracts

Samples: First Supplemental Indenture (Evergreen Solar Inc), First Supplemental Indenture (Evergreen Solar Inc), Indenture (Evergreen Solar Inc)

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Securities Redeemed in Whole or in Part. Any Security that is to be redeemed, whether in whole or in part, shall be surrendered at the office of the Paying Agent (with, if the Company or the Trustee so requires, due endorsement by, or a written instrument of transfer in form satisfactory to the Company and the Trustee duly executed by, the Holder thereof or such HolderXxxxxx’s attorney duly authorized in writing) and the Company shall execute and the Trustee shall authenticate and deliver to the Holder of such Security, without service charge, a new Security or Securities, of any authorized denomination as requested by such Holder in aggregate principal amount equal to, and in exchange for, the portion of the principal amount of the Security so surrendered which is not redeemed; provided that in no event shall a Security of a principal amount of $1,000 or less be redeemed in part. In the event of a redemption in part, the Company will not be required to (i) issue, register the transfer of or exchange any Security during a period of 15 calendar days before the mailing of the Redemption Notice; or (ii) register the transfer of or exchange any Security so selected for redemption, in whole or in part, except the unredeemed portion of any Security being redeemed in part.

Appears in 2 contracts

Samples: Indenture (Evergreen Solar Inc), Indenture (Evergreen Solar Inc)

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