Selection of Notes for Redemption. When any redemption is made pursuant to any of the provisions of this Indenture and less than all of the Outstanding Notes are to be redeemed, the Trustee shall select the Notes to be redeemed in accordance with the applicable procedures of DTC. Notice of Redemption . Notice of redemption shall be delivered by the Trustee, at least ten (10) days prior to the date fixed for redemption, to the registered owner of each Note called for redemption, at its address as it appears on the registration books; provided that no notice of redemption shall be required for the mandatory redemption of Notes pursuant to Section 4.01(a) of this Indenture; and provided further that neither the failure to mail such notice to any Noteholder nor any defect in any notice so mailed shall affect the sufficiency of the proceedings for the redemption of any of the Notes with respect to which such failure or defect shall have occurred. Each notice of redemption shall state the redemption date, the place of redemption, the source of funds to be used for such redemption, the address of the Trustee where Notes are to be surrendered for such redemption, the principal amount and, if less than all, the distinctive numbers of the Notes to be redeemed, and shall also state that the interest on the Notes in such notice designated for redemption shall cease to accrue from and after such redemption date and that on said date there will become due and payable on each of said Notes the principal amount thereof to be redeemed and interest accrued thereon to the redemption date. Neither the Issuer nor the Trustee shall have any responsibility for any defect in the CUSIP number that appears on any Note or in any redemption notice with respect thereto, and any such redemption notice may contain a statement to the effect that CUSIP numbers have been assigned by an independent service for convenience of reference and that neither the Issuer nor the Trustee shall be liable for any inaccuracy in such numbers. The Trustee may provide a conditional notice of redemption upon the written direction of the Issuer. Partial Redemption of Notes . Any Note may be redeemed in whole or in part, but no part of any Note shall be redeemed in an amount less than an Authorized Denomination. Upon surrender of any Note redeemed in part only, the Issuer shall execute and the Trustee shall authenticate and deliver to the registered owner thereof, without charge to the owner thereof, a new Note or Notes of like series and maturity and of Authorized Denominations designated by such owner equal in aggregate principal amount to the unredeemed portion of the Note surrendered. Effect of Redemption . Notice of redemption having been duly given as aforesaid, and moneys for payment of the redemption price being held by the Trustee, the Notes so called for redemption shall, on the redemption date designated in such notice, become due and payable at the redemption price specified in such notice, interest on the Notes so called for redemption shall cease to accrue, said Notes shall cease to be entitled to any lien, benefit or security under this Indenture, and the holders of said Notes shall have no rights in respect thereof except to receive payment of the redemption price thereof. All Notes fully redeemed pursuant to the provisions of this Article IV shall be destroyed by the Trustee in accordance with its then applicable procedures, which shall upon receipt of written instruction from the Issuer, deliver to the Issuer a certificate evidencing such destruction.
Appears in 1 contract
Sources: Indenture of Trust (America First Multifamily Investors, L.P.)
Selection of Notes for Redemption. When any redemption is made pursuant to any Notice of the provisions of this Indenture and Redemption If less than all of the Outstanding Notes are to be redeemedredeemed at any time, selection of the Notes for redemption will be made by the Trustee shall select on a pro rata basis; provided that, in the case of Notes to represented by one or more Global Notes, interests in such Global Notes will be redeemed selected for redemption by the Depositary in accordance with the its applicable procedures of DTCtherefor. Notice of Redemption . Notice of redemption shall be delivered by the Trustee, at least ten (10) days prior to the date fixed for redemption, to the registered owner of each Note called for redemption, at its address as it appears on the registration books; provided that no notice of redemption shall be required for the mandatory redemption of Notes pursuant to Section 4.01(a) of this Indenture; and provided further that neither the failure to mail such notice to any Noteholder nor any defect in any notice so mailed shall affect the sufficiency of the proceedings for the redemption of any of the Notes with respect to which such failure or defect shall have occurred. Each notice of redemption shall state the redemption date, the place of redemption, the source of funds to be used for such redemption, the address of the Trustee where Notes are to be surrendered for such redemption, the principal amount and, if less than all, the distinctive numbers of the Notes to be redeemed, and shall also state that the interest on the Notes in such notice designated for redemption shall cease to accrue from and after such redemption date and that on said date there will become due and payable on each of said Notes the principal amount thereof to be redeemed and interest accrued thereon to the redemption date. Neither the Issuer nor the Trustee shall have any responsibility for any defect in the CUSIP number that appears on any Note or in any redemption notice with respect thereto, and any such redemption notice may contain a statement to the effect that CUSIP numbers have been assigned by an independent service for convenience of reference and that neither the Issuer nor the Trustee shall be liable for any inaccuracy in such numbers. The Trustee may provide a conditional notice of redemption upon the written direction of the Issuer. Partial Redemption of Notes . Any Note may be redeemed in whole or in part, but no part of any Note shall be redeemed in an a minimum principal amount less than an Authorized Denomination. Upon surrender of $2,000 and integral multiples of $1,000 in excess thereof; provided that the remaining principal amount of any Note redeemed in part only, the Issuer shall execute and the Trustee shall authenticate and deliver to the registered owner be $2,000 or an integral multiple of $1,000 in excess thereof, without charge to the owner thereof, a new Note or Notes of like series and maturity and of Authorized Denominations designated by such owner equal in aggregate principal amount to the unredeemed portion of the Note surrendered. Effect of Redemption . Notice of any redemption having been duly will be given as aforesaidprovided in the Indenture at least 10 but not more than 60 days before the applicable Redemption Date to each Holder of Notes to be redeemed. On and after a Redemption Date (or, if the Issuer has delayed such Redemption Date as provided in the Indenture, on and moneys after the applicable delayed Redemption Date, as the case may be), interest will cease to accrue on the Notes or portions thereof called for payment of redemption as long as the Issuer has deposited with a Paying Agent (or, if the Company or a Subsidiary is the Paying Agent, the Company or such Subsidiary has segregated and holds in trust), on or before such Redemption Date (or delayed Redemption Date, as applicable), funds in an amount sufficient to pay the redemption price being held by the Trustee, of the Notes so or portions thereof called for redemption shallon such Redemption Date (or delayed Redemption Date, on the redemption date designated in such noticeas applicable), become due and payable at the redemption price specified in such notice, interest on the other than Notes so or portions of Notes called for redemption shall cease that have been delivered by the Issuer to accruethe Trustee for cancellation, said Notes shall cease and accrued and unpaid interest, if any, thereon to, but excluding, such Redemption Date (or delayed Redemption Date, as applicable) (subject to be entitled the right of Holders of record on the relevant Record Date to receive interest due on any lienInterest Payment Date falling on or prior to such Redemption Date (or delayed Redemption Date, benefit or security under this Indentureas applicable)), and the holders only remaining right of said the Holders of the Notes shall have no rights in respect or portions thereof except called for redemption will be to receive payment of the redemption price thereof. All and such accrued and unpaid interest, if any, upon surrender of the Notes fully to be redeemed pursuant to the provisions of this Article IV shall be destroyed by the Trustee in accordance with its then applicable procedures, which shall upon receipt of written instruction from the Issuer, deliver to the Issuer a certificate evidencing such destructionPaying Agent.
Appears in 1 contract
Sources: Indenture (Arbor Realty Trust Inc)