Common use of Selection of Notes to Be Redeemed or Purchased Clause in Contracts

Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed at any time, the Trustee will select Notes for redemption on a pro rata basis except: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2) if otherwise required by law or to comply with the rules of the Depositary. In the event of partial redemption by lot, the particular Notes to be redeemed will be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the redemption date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee will promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes of $2,000 or less can be redeemed in part, and the unredeemed portion of the Notes of any Holder must be equal to $2,000 in principal amount or integral multiples of $1,000 in excess thereof; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. The provisions in this Section 3.02 and Sections 3.03 and 3.04 hereof relating to a redemption of the Notes will also be applicable to a repurchase of the Notes pursuant to an Asset Sale Offer or a Change of Control Offer, except as otherwise provided in this Indenture.

Appears in 1 contract

Sources: Indenture (Park Ohio Industries Inc/Oh)

Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed at any timepursuant to Section 5.7 or purchased in an Asset Disposition Offer pursuant to Section 3.5 or a redemption pursuant to Section 5.8, the Trustee will select Notes shall be selected for redemption or purchase (a) if the Notes are in global form, on a pro rata basis or by lot or such similar method in accordance with the procedures of the Depositary and (b) if the Notes are in definitive form, on a pro rata basis (subject to adjustments to maintain the authorized Notes denomination requirements) except: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2) if otherwise required by law law. No Notes in an unauthorized denomination or to comply with the rules of the Depositary€100,000 in aggregate principal amount or less shall be redeemed in part. In the event of partial redemption by lotredemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 10 nor more than 60 days prior to the redemption or purchase date by the Trustee Agent from the outstanding Notes not previously called for redemptionredemption or purchase. The Trustee Agent will promptly notify the Company Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemptionredemption or purchase, the principal amount thereof to be redeemedredeemed or purchased. No Notes and portions of $2,000 Notes selected will be in amounts of €100,000 or less can be redeemed in part, and the unredeemed portion of the Notes of any Holder must be equal to $2,000 in principal amount or integral whole multiples of $1,000 in excess thereof€1,000; except that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemedredeemed or purchased. The provisions in this Section 3.02 and Sections 3.03 and 3.04 hereof relating to a redemption of the Notes will also be applicable to a repurchase of the Notes pursuant to an Asset Sale Offer or a Change of Control Offer, except Except as otherwise provided in the preceding sentence, provisions of this IndentureIndenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.

Appears in 1 contract

Sources: Indenture (Cott Corp /Cn/)

Selection of Notes to Be Redeemed or Purchased. If less fewer than all of the Notes of the applicable series are to be redeemed at any time, the Trustee Trustee, in the case of the Dollar Notes, and the applicable Agent, in the case of the Euro Notes, upon prior notice, will select the Notes for redemption on a pro rata basis except: or by lot (1) if the Notes are listed on any national securities exchangeor, in compliance the case of Euro Notes, in accordance with the requirements procedures of Euroclear and Clearstream, and, in the principal national securities exchange on which case of Dollar Notes, in accordance with the Notes are listed; or (2) if procedures of DTC), unless otherwise required by law or to comply with the rules of the Depositaryapplicable stock exchange or depository requirements. In the event of partial redemption by lotredemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 10 nor more than 60 days prior to the redemption or purchase date by the Trustee from the outstanding Notes not previously called for redemptionredemption or purchase subject to procedures of the applicable Depositary. The Trustee will or the applicable Agent shall promptly notify the Company Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Dollar Notes and portions of Dollar Notes selected shall be in minimum denominations of $1,000 and integral multiples of $1,000 in excess thereof and Euro Notes and portions of Euro Notes selected shall be in minimum denominations of €1,000 and integral multiples of €1,000 in excess thereof; no Dollar Notes in denominations of $2,000 or less or Euro Notes in denominations of €100,000 or less can be redeemed in part, and the unredeemed portion of the Notes of any Holder must be equal to $2,000 in principal amount or integral multiples of $1,000 in excess thereof; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such HolderHolder shall be redeemed, even if not in a multiple principal amount of at least $1,000, shall be redeemed. The provisions 2,000 in this Section 3.02 and Sections 3.03 and 3.04 hereof relating to a redemption the case of the Dollar Notes will also be applicable to a repurchase or €100,000 in the case of the Notes pursuant to an Asset Sale Offer or a Change of Control Offer, except Euro Notes. Except as otherwise provided in the preceding sentence, provisions of this IndentureIndenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Sources: Indenture (Primo Brands Corp)

Selection of Notes to Be Redeemed or Purchased. (a) If less than all of the Notes of a series are to be redeemed pursuant to Section 3.07 or Section 3.09 or purchased in an Offer to Purchase at any time, the Trustee will shall select the Notes for redemption on a pro rata basis except: of such series to be redeemed or purchased (1) if the Notes of such series are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes of such series are listed; or listed or (2) if otherwise required the Notes of such series are not so listed, on a pro rata basis, by law lot or to comply by such other method as the Trustee in its sole discretion shall deem fair and appropriate, all in accordance with the rules procedures of the DepositaryDepositary in the case of Global Notes. In the event of partial redemption or purchase by lot, the particular Notes of such series to be redeemed will or purchased shall be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the redemption date by the Trustee from the then outstanding Notes of such series not previously called for redemption. redemption or purchase. (b) The Trustee will shall promptly notify the Company Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemptionredemption or purchase, the principal amount thereof to be redeemedredeemed or purchased. No Notes and portions of Notes selected shall be in amounts of $1,000 or whole number multiples of $1,000; no Notes of $2,000 200,000 or less can shall be redeemed in part, and the unredeemed portion of the Notes of any Holder must be equal to $2,000 in principal amount or integral multiples of $1,000 in excess thereof; except that if all of the Notes of a given series of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes of such series held by such Holder, even if not $200,000 or a multiple of $1,0001,000 in excess thereof, shall be redeemed or purchased. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. (c) After the redemption date, upon surrender of a Note to be redeemed in part only, a new Note or Notes in principal amount equal to the unredeemed portion of the original Note, representing the same Indebtedness to the extent not redeemed. The provisions , shall be issued in this Section 3.02 and Sections 3.03 and 3.04 hereof relating to a redemption the name of the Holder of the Notes will also be applicable to a repurchase upon cancellation of the Notes pursuant original Note (or appropriate book entries shall be made to an Asset Sale Offer or a Change of Control Offer, except as otherwise provided in this Indenturereflect such partial redemption).

Appears in 1 contract

Sources: Indenture (Sibanye Gold LTD)

Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed or purchased in an offer to purchase at any time, the Trustee will select Notes for redemption on a pro rata basis except: or purchase (1) if the Notes are listed on any national securities an exchange, in compliance with the requirements of the principal national securities such exchange on which the Notes are listed; or or in accordance with customary DTC procedures or (2) on a pro rata basis to the extent practicable, or, if otherwise required the pro rata basis is not practicable for any reason, by law lot or by such other method as most nearly approximates a pro rata basis subject to comply with customary DTC procedures. If any Notes are listed on an exchange, and the rules of such exchange so require, the DepositaryCompany will notify the exchange of any such notice of redemption. In addition, the Company will notify the exchange of the principal amount of any Notes outstanding following any partial redemption of Notes. In the event of partial redemption or purchase by lot, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 10 nor more than 60 days prior to the redemption or purchase date by the Trustee from the outstanding Notes not previously called for redemptionredemption or purchase. The Trustee will promptly notify the Company in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemptionredemption or purchase, the principal amount thereof to be redeemedredeemed or purchased. No Notes and portions of Notes selected will be in amounts of $2,000 or less can be redeemed in part, and the unredeemed portion of the Notes of any Holder must be equal to $2,000 in principal amount or integral whole multiples of $1,000 in excess thereof; except that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, Holder shall be redeemedredeemed or purchased. The provisions in this Section 3.02 and Sections 3.03 and 3.04 hereof relating to a redemption of the Notes will also be applicable to a repurchase of the Notes pursuant to an Asset Sale Offer or a Change of Control Offer, except Except as otherwise provided in the preceding sentence, provisions of this IndentureIndenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.

Appears in 1 contract

Sources: Indenture (Sabre Corp)

Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed at any timepursuant to ‎Section 5.07 hereof or purchased in a Collateral Disposition Offer or an Optional Collateral Disposition Offer pursuant to Section 3.02 hereof or a Change of Control Offer pursuant to ‎Section 3.06 hereof, the Trustee will select Notes for redemption or purchase (a) if the Notes are Global Notes, pursuant to the applicable rules of DTC and (b) if the Notes are Definitive Notes, on a pro rata basis or as required by the rules of the depositary except: (1a) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; (b) to the extent that selection on a pro rata basis is not practicable, by lot or as required by the rules of DTC; or (2c) if otherwise required by law law. No Notes of $2,000 or to comply with the rules of the Depositaryless can be redeemed in part. In the event of partial redemption by lotredemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 days nor more than 60 days prior to the redemption or purchase date by the Trustee from the outstanding Notes not previously called for redemptionredemption or purchase. The Trustee will promptly notify the Company in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemptionredemption or purchase, the principal amount thereof to be redeemedredeemed or purchased. No Notes and portions of Notes selected will be in amounts of $2,000 or less can be redeemed in part, and the unredeemed portion of the Notes of any Holder must be equal to $2,000 in principal amount or integral whole multiples of $1,000 in excess thereof; except that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemedredeemed or purchased. The provisions in this Section 3.02 and Sections 3.03 and 3.04 hereof relating to a redemption of the Notes will also be applicable to a repurchase of the Notes pursuant to an Asset Sale Offer or a Change of Control Offer, except Except as otherwise provided in the preceding sentence, provisions of this IndentureIndenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.

Appears in 1 contract

Sources: Indenture (Cleveland-Cliffs Inc.)

Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed at any timepursuant to Section 5.7 or purchased in an Asset Disposition Offer pursuant to Section 3.5 or a redemption pursuant to Section 5.8, the Trustee Registrar will select Notes for redemption or purchase (a) if the Notes are in global form, on a pro rata basis or by lot or such similar method in accordance with the procedures of DTC and (b) if the Notes are in definitive form, on a pro rata basis (subject to adjustments to maintain the authorized Notes denomination requirements) except: (1) : if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2) or if otherwise required by law law. No Notes in an unauthorized denomination or to comply with the rules of the Depositary$2,000 in aggregate principal amount or less shall be redeemed in part. In the event of partial redemption by lotredemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the redemption or purchase date by the Trustee Agent from the outstanding Notes not previously called for redemptionredemption or purchase. The Trustee Agent will promptly notify the Company in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemptionredemption or purchase, the principal amount thereof to be redeemedredeemed or purchased. No Notes and portions of Notes selected will be in amounts of $2,000 or less can be redeemed in part, and the unredeemed portion of the Notes of any Holder must be equal to $2,000 in principal amount or integral whole multiples of $1,000 in excess thereof1,000; except that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemedredeemed or purchased. The provisions in this Section 3.02 and Sections 3.03 and 3.04 hereof relating to a redemption of the Notes will also be applicable to a repurchase of the Notes pursuant to an Asset Sale Offer or a Change of Control Offer, except Except as otherwise provided in the preceding sentence, provisions of this IndentureIndenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.

Appears in 1 contract

Sources: Indenture (CHURCHILL DOWNS Inc)

Selection of Notes to Be Redeemed or Purchased. (a) If less than all of the Notes are to be redeemed at any time, the Trustee will shall select the Notes for redemption on a pro rata basis except: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange exchange, if any, on which the Notes are listed, as certified to the Trustee by the Issuer, and in compliance with the requirements of DTC, or if the Notes are not so listed or such exchange prescribes no method of selection and the Notes are not held through DTC or DTC prescribes no method of selection, on a pro rata basis; orprovided, however, that no Note of $2,000 in aggregate principal amount or less shall be redeemed in part. (2b) if otherwise required by law or to comply with the rules of the Depositary. In the event of partial redemption by lot, the particular Notes If any Note is to be redeemed will be selectedin part only, unless otherwise provided herein, not less than 30 nor more than 60 days prior the notice of redemption that relates to that Note shall state the redemption date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee will promptly notify the Company in writing portion of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed, in which case a portion of the original Note shall be issued in the name of the Holder thereof upon cancellation of the original Note. No Notes In the case of $2,000 or less can a Global Note, an appropriate notation shall be redeemed in part, and made on such Note to decrease the principal amount thereof to an amount equal to the unredeemed portion thereof. Subject to the terms of the applicable redemption notice (including any conditions contained therein), Notes of any Holder must be equal to $2,000 called for redemption become due on the date fixed for redemption. On and after the redemption date, unless the Issuer defaults in principal amount or integral multiples of $1,000 in excess thereof; except that if all the payment of the redemption price, interest ceases to accrue on Notes or portions of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. The provisions in this Section 3.02 and Sections 3.03 and 3.04 hereof relating to a redemption of the Notes will also be applicable to a repurchase of the Notes pursuant to an Asset Sale Offer or a Change of Control Offer, except as otherwise provided in this Indenturethem called for redemption.

Appears in 1 contract

Sources: Indenture (Nexstar Broadcasting Group Inc)

Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed or purchased in an offer to purchase at any time, the Trustee Principal Paying Agent or Registrar will select the Notes for redemption on a pro rata basis except: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange exchange, if any, on which the Notes are listed; or (2) if otherwise required , as certified to the Paying Agent or Registrar, as applicable, by law or to comply the Issuer, and on a pro rata basis in compliance with the rules requirements of Euroclear or Clearstream, or if the Depositary. In Notes are not so listed or such exchange prescribes no method of selection and the event Notes are not held through Euroclear or Clearstream or Euroclear or Clearstream prescribe no method of partial redemption by lotselection, the particular on a pro rata basis, subject to adjustments so that no Notes to in an unauthorized denomination remains outstanding after such redemption; provided, however, that no Note of €100,000 in aggregate principal amount or less shall be redeemed in part and only Notes in integral multiples of €1,000 will be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the redemption date by the Trustee from the outstanding Notes not previously called for redemptionredeemed. The Trustee Trustee, Principal Paying Agent and the Registrar will not be liable for any selections made by it in accordance with this Section 3.02. The Principal Paying Agent will promptly notify the Company Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemptionredemption or purchase, the principal amount thereof to be redeemedredeemed or purchased. No Notes Note of $2,000 €100,000 in aggregate principal amount or less can shall be redeemed in part, and the unredeemed portion of the Notes of any Holder must be equal to $2,000 in principal amount or integral multiples of $1,000 in excess thereof; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, Holder shall be redeemed. The provisions in this Section 3.02 and Sections 3.03 and 3.04 hereof relating to a redemption of the Notes will also be applicable to a repurchase of the Notes pursuant to an Asset Sale Offer or a Change of Control Offer, except Except as otherwise provided in the preceding sentence, provisions of this IndentureIndenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.

Appears in 1 contract

Sources: Indenture (Allwyn Entertainment AG)

Selection of Notes to Be Redeemed or Purchased. If the Issuer is redeeming or repurchasing less than all of the Notes are to be redeemed at any time, if the Notes are held in global form, the Notes to be redeemed will be selected by lot or such other similar method in accordance with the procedures of DTC. If the Notes are in certificated form, the Notes to be redeemed shall be selected by the Trustee will select Notes for redemption on a pro rata basis except: (1or as nearly pro rata as practicable) if or by such method as the Notes are listed on any national securities exchangeTrustee shall deem fair and appropriate, in compliance with unless otherwise required by law or the requirements rules of the principal national securities exchange exchange, if any, on which the Notes are listed; or (2) if otherwise required by law provided that no Notes of $2,000 or to comply with the rules of the Depositary. In the event of partial redemption by lot, the particular Notes to less shall be redeemed will be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the redemption date by the Trustee from the outstanding Notes not previously called for redemptionor repurchased in part. The Trustee will shall promptly notify the Company Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemptionredemption or purchase, the principal amount thereof to be redeemedredeemed or purchased. No Notes and portions of Notes selected shall be in amounts of $2,000 or whole multiples of $1,000 in excess thereof; no Notes of $2,000 or less can be redeemed in part, and the unredeemed portion of the Notes of any Holder must be equal to $2,000 in principal amount or integral multiples of $1,000 in excess thereof; except that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemedredeemed or purchased. The provisions in this Section 3.02 and Sections 3.03 and 3.04 hereof relating to a redemption of the Notes will also be applicable to a repurchase of the Notes pursuant to an Asset Sale Offer or a Change of Control Offer, except Except as otherwise provided in the preceding sentence, provisions of this IndentureIndenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.

Appears in 1 contract

Sources: Indenture (Meredith Corp)

Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed at any timepursuant to Section 5.7 or purchased in an Asset Disposition Offer pursuant to Section 3.5 or a redemption pursuant to Section 5.8, the Trustee Registrar will select Notes for redemption or purchase (a) if the Notes are in global form in accordance with the applicable procedures of the Depositary, and an appropriate notation shall be made on such Notes to decrease the principal amount thereof to equal the unredeemed portion thereof (b) if the Notes are in definitive form, on a pro rata basis (subject to adjustments to maintain the authorized Notes denomination requirements) except: (1) if the Notes are listed on any national foreign securities exchange, in compliance with the requirements of the principal national foreign securities exchange on which the Notes are listed; or (2) if otherwise required by law law. No Notes in an unauthorized denomination of €100,000 in aggregate principal amount or to comply with the rules of the Depositaryless shall be redeemed in part. In the event of partial redemption by lotredemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 15 nor more than 60 days prior to the redemption or purchase date by the Trustee from the outstanding Notes not previously called for redemptionredemption or purchase. The Trustee will promptly notify the Company Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemptionredemption or purchase, the principal amount thereof to be redeemedredeemed or purchased. No Notes and portions of $2,000 Notes selected will be in amounts of €100,000 or less can be redeemed in part, and the unredeemed portion of the Notes of any Holder must be equal to $2,000 in principal amount or integral whole multiples of $1,000 in excess thereof€1,000; except that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemedredeemed or purchased. The provisions in this Section 3.02 and Sections 3.03 and 3.04 hereof relating to a redemption of the Notes will also be applicable to a repurchase of the Notes pursuant to an Asset Sale Offer or a Change of Control Offer, except Except as otherwise provided in the preceding sentence, provisions of this IndentureIndenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.

Appears in 1 contract

Sources: Indenture (Avis Budget Group, Inc.)

Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed at any timepursuant to Section 5.7 or purchased in an Asset Disposition Offer pursuant to Section 3.5 or a redemption pursuant to Section 5.8, the Trustee Registrar will select Notes for redemption or purchase (a) if the Notes are in global form, on a pro rata basis or by lot or such similar method in accordance with the procedures of DTC and (b) if the Notes are in definitive form, on a pro rata basis (subject to adjustments to maintain the authorized Notes denomination requirements) except: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2) if otherwise required by law law. No Notes in an unauthorized denomination or to comply with the rules of the Depositary$2,000 in aggregate principal amount or less shall be redeemed in part. In the event of partial redemption by lotredemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 10 nor more than 60 days prior to the redemption or purchase date by the Trustee Agent from the outstanding Notes not previously called for redemptionredemption or purchase. The Trustee Agent will promptly notify the Company Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemptionredemption or purchase, the principal amount thereof to be redeemedredeemed or purchased. No Notes and portions of Notes selected will be in amounts of $2,000 or less can be redeemed in part, and the unredeemed portion of the Notes of any Holder must be equal to $2,000 in principal amount or integral whole multiples of $1,000 in excess thereof1,000; except that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemedredeemed or purchased. The provisions in this Section 3.02 and Sections 3.03 and 3.04 hereof relating to a redemption of the Notes will also be applicable to a repurchase of the Notes pursuant to an Asset Sale Offer or a Change of Control Offer, except Except as otherwise provided in the preceding sentence, provisions of this IndentureIndenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.

Appears in 1 contract

Sources: Indenture (Churchill Downs Inc)

Selection of Notes to Be Redeemed or Purchased. If less fewer than all of the Notes are to be redeemed or purchased at any time, the Trustee Trustee, the Paying Agent or the Registrar will select Notes for redemption on a pro rata basis except: or purchase (1i) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange exchange, if any, on which Notes are listed and any applicable Depositary procedures, (ii) by lot or such other similar method in accordance with the applicable procedures of the Depositary or any other applicable clearing system (if the Notes are listed; or Global Notes), or (2iii) if otherwise required by law there are no such requirements of such exchange or the Notes are not then listed on a national securities exchange or cleared through the Depositary or any other applicable clearing system, on a pro rata basis. No Notes of a principal amount of US$200,000 or less may be redeemed or purchased in part, and if Notes are redeemed or purchased in part, the remaining outstanding amount must be at least equal to comply with the rules US$200,000 and integral multiples of US$ 1,000 in excess thereof. None of the DepositaryTrustee, the Paying Agent or the Registrar will be liable for any selections made under this paragraph. In the event of partial redemption or purchase by lot, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the redemption or purchase date by the Trustee Registrar from the outstanding Notes not previously called for redemptionredemption or purchase. The Trustee Registrar will promptly notify the Company in writing of the any Definitive Notes selected for redemption or purchase and, in the case of any such Note selected for partial redemptionredemption or purchase, the principal amount thereof to be redeemedredeemed or purchased. No Notes and portions of $2,000 or less can Notes selected will be redeemed in part, and the unredeemed portion amounts of the Notes of any Holder must be equal to $2,000 in principal amount US$ 200,000 or integral multiples of $US$ 1,000 in excess thereof; except that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $US$1,000, shall be redeemedredeemed or purchased. The provisions in this Section 3.02 and Sections 3.03 and 3.04 hereof relating to a redemption of the Notes will also be applicable to a repurchase of the Notes pursuant to an Asset Sale Offer or a Change of Control Offer, except Except as otherwise provided in the preceding sentence, provisions of this IndentureIndenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.

Appears in 1 contract

Sources: Indenture (STUDIO CITY INTERNATIONAL HOLDINGS LTD)

Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed or purchased in an offer to purchase at any time, the Trustee will shall select the Notes for redemption on a pro rata basis except: to be redeemed or purchased (1a) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listedlisted or (b) on a pro rata basis or, to the extent that selection on a pro rata basis is not practicable, by lot or by such other method as the Trustee reasonably considers fair and appropriate; or (2) provided that no partial redemption will reduce the principal amount of a Note not redeemed to be less than $1,000; provided, further, that if otherwise required by law or to comply a partial redemption is made with the rules proceeds of an Equity Offering then the Trustee shall select the Notes or portions thereof for redemption only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depositary. In the event of partial redemption by lot, the particular Notes to be redeemed will be selectedDepository), unless otherwise provided herein, not less than 30 nor more than 60 days prior to the redemption date by the Trustee from the outstanding Notes not previously called for redemptionsuch method is prohibited. The Trustee will shall promptly notify the Company Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemptionredemption or purchase, the principal amount thereof to be redeemedredeemed or purchased. No Notes and portions of Notes selected shall be in amounts of $1,000 or whole multiples of $1,000; no Notes of $2,000 1,000 or less can be redeemed in part, and the unredeemed portion of the Notes of any Holder must be equal to $2,000 in principal amount or integral multiples of $1,000 in excess thereof; except that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemedredeemed or purchased. The provisions in this Section 3.02 and Sections 3.03 and 3.04 hereof relating to a redemption of the Notes will also be applicable to a repurchase of the Notes pursuant to an Asset Sale Offer or a Change of Control Offer, except Except as otherwise provided in the preceding sentence, provisions of this IndentureIndenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.

Appears in 1 contract

Sources: Indenture (Cogent Management Inc)

Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed at any timepursuant to Section 5.7 hereof or purchased in an Asset Disposition Offer or a Collateral Disposition Offer pursuant to Section 3.5 hereof or a Change of Control Offer pursuant to Section 3.10 hereof, the Trustee will select Notes for redemption on a pro rata basis exceptor purchase: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or; (2) if otherwise required the Notes are not listed on any national securities exchange, on a pro rata basis to the extent practicable, or, to the extent that selection on a pro rata basis is not practicable for any reason, by law lot or to comply by such other method the Trustee shall deem fair and appropriate and in accordance with the rules of the DepositaryDTC; or (3) as otherwise required by law. No Notes of $2,000 or less can be redeemed in part. In the event of partial redemption by lotredemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 days nor more than 60 days prior to the redemption or purchase date by the Trustee from the outstanding Notes not previously called for redemptionredemption or purchase. The Trustee will promptly notify the Company in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemptionredemption or purchase, the principal amount thereof to be redeemedredeemed or purchased. No Notes and portions of Notes selected will be in amounts of $2,000 or less can be redeemed in part, and the unredeemed portion of the Notes of any Holder must be equal to $2,000 in principal amount or integral whole multiples of $1,000 in excess thereof; except that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemedredeemed or purchased. The provisions in this Section 3.02 and Sections 3.03 and 3.04 hereof relating to a redemption of the Notes will also be applicable to a repurchase of the Notes pursuant to an Asset Sale Offer or a Change of Control Offer, except Except as otherwise provided in the preceding sentence, provisions of this IndentureIndenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.

Appears in 1 contract

Sources: Indenture (REV Group, Inc.)

Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes of any series are to be redeemed at any timepursuant to Section 5.07 hereof or purchased in a Change of Control Offer pursuant to Section 3.06 hereof, the Trustee will select Notes of such series for redemption or purchase (i) if the Notes of such series are Global Notes, pursuant to the applicable rules of DTC, and (ii) if the Notes of such series are Definitive Notes, on a pro rata basis or as required by the rules of the depositary except: (1a) if the Notes of such series are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes of such series are listed; (b) to the extent that selection on a pro rata basis is not practicable, by lot or as required by the rules of DTC; or (2c) if otherwise required by law law. No Notes of $2,000 or to comply with the rules of the Depositaryless can be redeemed in part. In the event of partial redemption by lotredemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 10 days nor more than 60 days prior to the redemption or purchase date by the Trustee from the outstanding Notes not previously called for redemptionredemption or purchase. The Trustee will promptly notify the Company in writing of the Notes of such series selected for redemption or purchase and, in the case of any Note selected for partial redemptionredemption or purchase, the principal amount thereof to be redeemedredeemed or purchased. No Notes and portions of Notes selected will be in amounts of $2,000 or less can be redeemed in part, and the unredeemed portion of the Notes of any Holder must be equal to $2,000 in principal amount or integral whole multiples of $1,000 in excess thereof; except that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemedredeemed or purchased. The provisions in this Section 3.02 and Sections 3.03 and 3.04 hereof relating to a redemption of the Notes will also be applicable to a repurchase of the Notes pursuant to an Asset Sale Offer or a Change of Control Offer, except Except as otherwise provided in the preceding sentence, provisions of this IndentureIndenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.

Appears in 1 contract

Sources: Indenture (Cleveland-Cliffs Inc.)

Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed at any timepursuant to Section 5.07 hereof or purchased in a Change of Control Offer pursuant to Section 3.06 hereof, the Trustee will select Notes for redemption or purchase (a) if the Notes are Global Notes, pursuant to the applicable rules of DTC and (b) if the Notes are Definitive Notes, on a pro rata basis or as required by the rules of the depositary except: (1a) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; (b) to the extent that selection on a pro rata basis is not practicable, by lot or as required by the rules of DTC; or (2c) if otherwise required by law law. No Notes of $2,000 or to comply with the rules of the Depositaryless can be redeemed in part. In the event of partial redemption by lotredemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 days nor more than 60 days prior to the redemption or purchase date by the Trustee from the outstanding Notes not previously called for redemptionredemption or purchase. The Trustee will promptly notify the Company in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemptionredemption or purchase, the principal amount thereof to be redeemedredeemed or purchased. No Notes and portions of Notes selected will be in amounts of $2,000 or less can be redeemed in part, and the unredeemed portion of the Notes of any Holder must be equal to $2,000 in principal amount or integral whole multiples of $1,000 in excess thereof; except that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemedredeemed or purchased. The provisions in this Section 3.02 and Sections 3.03 and 3.04 hereof relating to a redemption of the Notes will also be applicable to a repurchase of the Notes pursuant to an Asset Sale Offer or a Change of Control Offer, except Except as otherwise provided in the preceding sentence, provisions of this IndentureIndenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.

Appears in 1 contract

Sources: Indenture (Cliffs Natural Resources Inc.)

Selection of Notes to Be Redeemed or Purchased. (a) (i) If less than all of the Notes are to be redeemed at any timeredeemed, the Trustee Trustees will select Notes for redemption on a pro rata basis except: by lot (1) if the Notes are listed on any national securities exchangeor, in compliance with the requirements case of Global Notes, subject to the principal national securities exchange on which the Notes are listed; or (2Applicable Procedures) if unless otherwise required by law or applicable stock exchange or Depositary requirements and (ii) if less than all of the Notes tendered pursuant to comply an Asset Sale Offer or a Change of Control Offer are to be purchased, the Company will purchase Notes (together with any other Indebtedness subject to such offers in accordance with the rules terms of this Indenture) having principal amount equal to the Depositary. purchase amount on a pro rata basis. (b) In the event of selection by lot for partial redemption by lotredemption, the particular Notes to be redeemed will be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the redemption date by the Trustee from the outstanding Notes not previously called for redemption. . (c) The Trustee Trustees will promptly notify the Company in writing of the Notes selected for redemption or purchase pursuant to this Section 3.02 and, in the case of any Note selected for partial redemptionredemption or purchase, the principal amount thereof to be redeemedredeemed or purchased. No Notes and portions of Notes selected will be in amounts of $2,000 or less can be redeemed in part, and the unredeemed portion of the Notes of any Holder must be equal to $2,000 in principal amount or integral whole multiples of $1,000 in excess thereof1,000; except that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,0002,000, shall be redeemedredeemed or purchased. The provisions in this Section 3.02 and Sections 3.03 and 3.04 hereof relating to a redemption of the Notes will also be applicable to a repurchase of the Notes pursuant to an Asset Sale Offer or a Change of Control Offer, except Except as otherwise provided in the preceding sentence, provisions of this IndentureIndenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.

Appears in 1 contract

Sources: Indenture (Taseko Mines LTD)

Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed at any timepursuant to Section 5.7 or purchased in a Net Proceeds Offer pursuant to Section 3.5, the Trustee will shall select Notes for redemption or purchase (a) if the Notes are in global form, on a pro rata basis or by lot or such similar method in accordance with the procedures of DTC and (b) if the Notes are in definitive form, on a pro rata basis except: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2) if otherwise required by law law. Notwithstanding the foregoing, if a partial redemption is made pursuant to the provisions of Section 5.7(b), selection of Notes or portions thereof for redemption shall be made by the Trustee only a pro rata basis or as nearly pro rata as is practicable (subject to comply with the rules procedures of the DepositaryDTC)), unless that method is otherwise prohibited. No Notes of $2,000 or less can be redeemed in part. In the event of partial redemption by lotredemption, the particular Notes to be redeemed will or purchased shall be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the redemption or purchase date by the Trustee from the outstanding Notes not previously called for redemptionredemption or purchase. The Trustee will shall promptly notify the Company Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemptionredemption or purchase, the principal amount thereof to be redeemedredeemed or purchased. No Notes and portions of Notes selected shall be in amounts of $2,000 or less can be redeemed in part, and the unredeemed portion of the Notes of any Holder must be equal to $2,000 in principal amount or integral whole multiples of $1,000 in excess thereof1,000; except that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemedredeemed or purchased. The provisions in this Section 3.02 and Sections 3.03 and 3.04 hereof relating to a redemption of the Notes will also be applicable to a repurchase of the Notes pursuant to an Asset Sale Offer or a Change of Control Offer, except Except as otherwise provided in the preceding sentence, provisions of this IndentureIndenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.

Appears in 1 contract

Sources: Indenture (ExamWorks Group, Inc.)

Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed at any timepursuant to Section 5.7 or purchased in an Asset Disposition Offer pursuant to Section 3.5 or a redemption pursuant to Section 5.9, the Trustee will select Notes for redemption or purchase (a) if the Notes are in global form, on a pro rata basis or such similar method in accordance with the applicable procedures of DTC and (b) if the Notes are in definitive form, on a pro rata basis (subject to adjustments to maintain the authorized Notes denomination requirements) except: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2) if otherwise required by law law. No Notes in an unauthorized denomination or to comply with the rules of the Depositary$2,000 in aggregate principal amount or less shall be redeemed in part. In the event of partial redemption by lotredemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 15 days nor more than 60 days prior to the redemption or purchase date by the Trustee from the outstanding Notes not previously called for redemption or purchase; provided that the Issuer shall provide the Trustee with sufficient notice of such partial redemption to enable the Trustee to select the Notes for partial redemption. The Trustee will promptly notify the Company Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemptionredemption or purchase, the principal amount thereof to be redeemedredeemed or purchased. No Notes and portions of Notes selected will be in amounts of $2,000 or less can be redeemed in part, and the unredeemed portion of the Notes of any Holder must be equal to $2,000 in principal amount or integral whole multiples of $1,000 in excess thereof1,000; except that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemedredeemed or purchased. The provisions in this Section 3.02 and Sections 3.03 and 3.04 hereof relating to a redemption of the Notes will also be applicable to a repurchase of the Notes pursuant to an Asset Sale Offer or a Change of Control Offer, except Except as otherwise provided in the preceding sentence, provisions of this IndentureIndenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.

Appears in 1 contract

Sources: Indenture (BMC Stock Holdings, Inc.)

Selection of Notes to Be Redeemed or Purchased. If Except with respect to purchases described in Section 3.07(g), if less than all of the Notes are to be redeemed at any timeredeemed, the Trustee will select Notes for redemption on a pro rata basis except: to be redeemed shall be selected (1i) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or , (2ii) if otherwise required on a pro rata basis or (iii) to the extent that selection on a pro rata basis is not practicable by law lot or to comply such other similar method in accordance with the rules of Applicable Procedures to the Depositaryextent applicable. In the event of partial redemption or purchase by lot, the particular Notes to be redeemed will or purchased shall be selected, unless otherwise provided herein, not less than 30 10 nor (except in the event the Redemption Date is delayed as a result of any condition precedent to the occurrence thereof not being satisfied or waived by the Company in accordance with Section 3.07(e)) more than 60 days prior to the redemption date Redemption Date by the Trustee from the outstanding Notes not previously called for redemptionredemption or purchase. The Trustee will shall promptly notify the Company in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemptionredemption or purchase, the principal amount thereof to be redeemedredeemed or purchased. No Notes and portions of Notes selected shall be in amounts of $2,000 or whole multiples of $1,000 in excess thereof; no Notes of $2,000 or less can be redeemed or purchased in part, and the unredeemed portion of the Notes of any Holder must be equal to $2,000 in principal amount or integral multiples of $1,000 in excess thereof; except that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemedredeemed or purchased. The provisions in this Section 3.02 and Sections 3.03 and 3.04 hereof relating to a redemption of the Notes will also be applicable to a repurchase of the Notes pursuant to an Asset Sale Offer or a Change of Control Offer, except Except as otherwise provided in the preceding sentence, provisions of this IndentureIndenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Sources: Indenture (Healthequity, Inc.)

Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed at any timepursuant to Section 5.7 or purchased in an Asset Sale Offer pursuant to Section 3.5 or a redemption pursuant to Section 5.9, the Trustee will select Notes for redemption or purchase (a) if the Notes are in global form, on a pro rata basis or by lot or such similar method in accordance with the procedures of DTC and (b) if the Notes are in definitive form, on a pro rata basis except: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2) if otherwise required by law law. No Notes of $2,000 or to comply with the rules of the Depositaryless can be redeemed in part. In the event of partial redemption by lotredemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the redemption or purchase date by the Trustee from the outstanding Notes not previously called for redemptionredemption or purchase. The Trustee will promptly notify the Company Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemptionredemption or purchase, the principal amount thereof to be redeemedredeemed or purchased. No Notes and portions of Notes selected will be in amounts of $2,000 or less can be redeemed in part, and the unredeemed portion of the Notes of any Holder must be equal to $2,000 in principal amount or integral whole multiples of $1,000 in excess thereof1,000; except that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemedredeemed or purchased. The provisions in this Section 3.02 and Sections 3.03 and 3.04 hereof relating to a redemption of the Notes will also be applicable to a repurchase of the Notes pursuant to an Asset Sale Offer or a Change of Control Offer, except Except as otherwise provided in the preceding sentence, provisions of this IndentureIndenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.

Appears in 1 contract

Sources: Indenture (Bankrate, Inc.)

Selection of Notes to Be Redeemed or Purchased. (a) (i) If less than all of the Notes are to be redeemed at any timeredeemed, the Trustee will select Notes for redemption by lot (or, in the case of Global Notes, subject to the Applicable Procedures) unless otherwise required by law or applicable stock exchange or Depositary requirements and (ii) if less than all of the Notes tendered pursuant to an Asset Sale Offer or a Change of Control Offer are to be purchased, the Company will purchase Notes (together with any other Indebtedness subject to such offers in accordance with the terms of this Indenture) having principal amount equal to the purchase amount on a pro rata basis except:(with such adjustments as may be deemed appropriate by the Company so that only Notes in minimum denominations of US$2,000, or integral multiples of US$1,000 in excess thereof, shall be purchased). (1b) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2) if otherwise required by law or to comply with the rules of the Depositary. In the event of selection by lot for partial redemption by lotredemption, the particular Notes to be redeemed will be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the redemption date by the Trustee from the outstanding Notes not previously called for redemption. . (c) The Trustee will promptly notify the Company in writing of the Notes selected for redemption or purchase pursuant to this Section 3.02 and, in the case of any Note selected for partial redemptionredemption or purchase, the principal amount thereof to be redeemedredeemed or purchased. No Notes and portions of $Notes selected will be in minimum amounts of US$2,000 or less can be redeemed in part, and the unredeemed portion of the Notes of any Holder must be equal to $2,000 in principal amount or integral whole multiples of $US$1,000 in excess thereof; except that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000US$2,000, shall be redeemedredeemed or purchased. The provisions in this Section 3.02 and Sections 3.03 and 3.04 hereof relating to a redemption of the Notes will also be applicable to a repurchase of the Notes pursuant to an Asset Sale Offer or a Change of Control Offer, except Except as otherwise provided in the preceding sentence, provisions of this IndentureIndenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.

Appears in 1 contract

Sources: Indenture

Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed at any timepursuant to Section 5.7 or purchased in an Asset Disposition Offer pursuant to Section 3.5 or a redemption pursuant to Section 5.9, the Trustee will select Notes for redemption or purchase (a) if the Notes are in global form, on a pro rata basis or by lot or such similar method in accordance with the procedures of DTC and (b) if the Notes are in definitive form, on a pro rata basis (subject to adjustments to maintain the authorized Notes denomination requirements) except: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2) if otherwise required by law law. No Notes in an unauthorized denomination or to comply with the rules of the Depositaryless than $2,000 in aggregate principal amount shall be redeemed in part. In the event of partial redemption by lotredemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the redemption or purchase date by the Trustee from the outstanding Notes not previously called for redemptionredemption or purchase. The Trustee will promptly notify the Company Issuers in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemptionredemption or purchase, the principal amount thereof to be redeemedredeemed or purchased. No Notes and portions of Notes selected will be in amounts of $2,000 or less can be redeemed in part, and the unredeemed portion of the Notes of any Holder must be equal to $2,000 in principal amount or integral whole multiples of $1,000 in excess thereof1,000; except that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemedredeemed or purchased. The provisions in this Section 3.02 and Sections 3.03 and 3.04 hereof relating to a redemption of the Notes will also be applicable to a repurchase of the Notes pursuant to an Asset Sale Offer or a Change of Control Offer, except Except as otherwise provided in the preceding sentence, provisions of this IndentureIndenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.

Appears in 1 contract

Sources: Indenture (Styron Canada ULC)

Selection of Notes to Be Redeemed or Purchased. If less than all of each series of the Notes are to be redeemed or purchased in an offer to purchase at any time, the Trustee will select Notes for redemption on a pro rata basis exceptor purchase as follows: (1a) if the applicable Notes are listed on any national securities exchangeexchange (including the Luxembourg Stock Exchange), in compliance with the requirements of the principal national securities exchange on which the Notes they are listed; or (2b) if otherwise required the applicable Notes are not listed on any national securities exchange or the relevant national securities exchange does not have any applicable requirements, on a pro rata basis, by law lot or to comply with by such method as the rules Trustee, in its sole discretion, shall deem fair and appropriate, provided that no Notes of $200,000 or £100,000 in aggregate principal amount, as the Depositarycase may be, or less shall be redeemed in part. In the event of partial redemption or purchase by lot, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the redemption or purchase date by the Trustee from the outstanding Notes not previously called for redemptionredemption or purchase. The Trustee will promptly notify the Company Issuer and the Registrar (if not the Issuer) in writing of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemptionredemption or purchase, the principal amount thereof to be redeemedredeemed or purchased. No Notes and portions of Notes selected will be in minimum amounts of $2,000 or less can be redeemed in part, 200,000 and the unredeemed portion of the Notes of any Holder must be equal to $2,000 in principal amount or integral multiples of $1,000 in excess thereof or of £100,000 and integral multiples of £1,000 in excess thereof, as the case may be; except that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,0001,000 (in excess of $200,000) or £1,000 (in excess of £100,000), as the case may be, shall be redeemedredeemed or purchased. The provisions in this Section 3.02 and Sections 3.03 and 3.04 hereof relating to a redemption of the Notes will also be applicable to a repurchase of the Notes pursuant to an Asset Sale Offer or a Change of Control Offer, except Except as otherwise provided in the preceding sentence, provisions of this IndentureIndenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.

Appears in 1 contract

Sources: Indenture (Virgin Media Inc.)

Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed or purchased in an offer to purchase at any time, the Trustee will shall select Notes for redemption on a pro rata basis except: or purchase as follows (1a) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange exchange, if any, on which the Notes are listed, which requirements shall be specified in writing by the Issuer to the Trustee; or or (2b) if otherwise required the Notes are not so listed, on a pro rata basis, by law lot or to comply with by such other method as the rules of the DepositaryTrustee deems fair and appropriate. In the event of partial redemption by lotor purchase, the particular Notes to be redeemed will or purchased shall be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the redemption date Redemption Date by the Trustee Registrar and Paying Agent from the outstanding Notes not previously called for redemptionredemption or purchase. The Trustee will Registrar and Paying Agent shall promptly notify the Company Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemptionredemption or purchase, the principal amount thereof to be redeemedredeemed or purchased. No Notes redeemed in part shall be redeemed only in integral multiples of $1,000, and no Notes of $2,000 or less can shall be redeemed in part, and the unredeemed portion of the Notes of any Holder must be equal to $2,000 in principal amount or integral multiples of $1,000 in excess thereof; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not $2,000 or a multiple of $1,0001,000 in excess thereof, shall be redeemed. The provisions in this Section 3.02 and Sections 3.03 and 3.04 hereof relating to a redemption of the Notes will also be applicable to a repurchase of the Notes pursuant to an Asset Sale Offer or a Change of Control Offer, except Except as otherwise provided in the preceding sentence, provisions of this IndentureIndenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Sources: Indenture (Cogent Communications Group Inc)

Selection of Notes to Be Redeemed or Purchased. ‌ (a) If less than all of the Notes are to be redeemed at any time, the Trustee Paying Agent or the Registrar, will select the Notes for redemption on a pro rata basis except: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange exchange, if any, on which the Notes are listed; or (2) if otherwise required by law , as certified to such Paying Agent or to comply with the rules of the Depositary. In the event of partial redemption by lot, the particular Notes to be redeemed will be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the redemption date Registrar by the Trustee from the outstanding Notes not previously called for redemption. The Trustee will promptly notify the Company in writing of the Notes selected for redemption andIssuer, and (in the case of Global Notes) in compliance with the requirements of the relevant securities clearing system, or, if the Notes are not so listed or such exchange prescribes no method of selection and the Notes are not held in Global Note form through a securities clearing system, or that securities clearing system prescribes no method of selection, on a pro rata basis; provided, however, that, subject to Section 2.16(c), no Note of €100,000 in aggregate principal amount or less shall be redeemed in part and only Notes in integral multiples of €1.00 will be redeemed. Neither the Trustee nor any Agent will be liable for any selections made in accordance with this Section 3.02. (b) The Issuer will give notices of purchase or redemption to each Holder pursuant to Sections 3.03 and 14.01. (c) In relation to Definitive Registered Notes, a new Note in principal amount equal to the unpurchased or unredeemed portion of any Note selected for partial redemptionpurchased or redeemed in part will be issued in the name of the Holder thereof upon cancellation of the original Note. In the case of a Global Note, a notation will be made on such Note (or in accordance with the procedures of the relevant securities clearing system) to decrease the principal amount thereof to be redeemed. No Notes of $2,000 or less can be redeemed in part, and an amount equal to the unredeemed portion thereof. On or after any purchase or redemption date, unless the Issuer defaults in payment of the purchase or redemption price, interest shall cease to accrue on Notes of any Holder must be equal to $2,000 in principal amount or integral multiples of $1,000 in excess thereof; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. The provisions in this Section 3.02 and Sections 3.03 and 3.04 hereof relating to a redemption of the Notes will also be applicable to a repurchase of the Notes pursuant to an Asset Sale Offer portions thereof tendered for purchase or a Change of Control Offer, except as otherwise provided in this Indenturecalled for redemption.

Appears in 1 contract

Sources: First Lien Notes Indenture

Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed or purchased in an offer to purchase pursuant to Article 3 at any time, the Trustee will or the Paying Agent shall select the Notes for redemption on a pro rata basis except: to be redeemed or purchased (1a) if the such Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the such Notes are listed; listed or (b) on a pro rata basis to the extent practicable, or (2) if otherwise , to the extent that selection on a pro rata basis is not practicable for any reason, by lot or by such other method as the Trustee or the Paying Agent shall deem appropriate or as required by law or to comply with the rules of the Depositary. In the event of partial redemption or purchase by lot, the particular Notes to be redeemed will or purchased shall be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the redemption date by the Trustee or the Paying Agent from the outstanding Notes not previously called for redemptionredemption or purchase. The Trustee will shall promptly notify the Company Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemptionredemption or purchase, the principal amount thereof to be redeemedredeemed or purchased. No Notes and portions of Notes selected shall be in amounts of $2,000 or integral multiples of $1.00; no Notes of $2,000 or less can be redeemed in partpart (other than PIK Notes, which may be redeemed in minimum amounts of $1.00 and the unredeemed portion of the Notes of any Holder must be equal to $2,000 in principal amount or integral multiples of $1,000 in excess thereof; ), except that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not in a principal amount of at least $2,000 or an integral multiple of $1,0001.00, shall be redeemedredeemed or purchased. The provisions in this Section 3.02 and Sections 3.03 and 3.04 hereof relating to a redemption of the Notes will also be applicable to a repurchase of the Notes pursuant to an Asset Sale Offer or a Change of Control Offer, except Except as otherwise provided in the preceding sentence, provisions of this IndentureIndenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.

Appears in 1 contract

Sources: Indenture (Clear Channel Communications Inc)

Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed at any time, the Trustee will select Notes for redemption on a pro rata basis in accordance with DTC’s procedures except: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2) if otherwise required by law or to comply with the rules of the Depositary. In the event of partial redemption by lot, the particular Notes to be redeemed will be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the redemption date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee will promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes of $2,000 or less can be redeemed in part, and the unredeemed portion of the Notes of any Holder must be equal to $2,000 in principal amount or integral multiples of $1,000 in excess thereof; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. The provisions in this Section 3.02 and Sections 3.03 and 3.04 hereof relating to a redemption of the Notes will also be applicable to a repurchase of the Notes pursuant to an Asset Sale Offer or a Change of Control Offer, except as otherwise provided in this Indenture.

Appears in 1 contract

Sources: Indenture (Park Ohio Holdings Corp)

Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed at any timepursuant to Section 5.7 or purchased in an Asset Disposition Offer pursuant to Section 3.5 or a redemption pursuant to Section 5.8, the Trustee Registrar will select Notes for redemption or purchase (a) if the Notes are in global form, on a pro rata basis or by lot or such similar method in accordance with the procedures of DTC and (b) if the Notes are in definitive form, on a pro rata basis (subject to adjustments to maintain the authorized Notes denomination requirements) except: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2) if otherwise required by law the DTC or to comply with the rules law. No Notes in an unauthorized denomination or of the Depositary$2,000 in aggregate principal amount or less shall be redeemed in part. In the event of partial redemption by lotredemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 10 nor more than 60 days prior to the redemption or purchase date by the Trustee Agent from the outstanding Notes not previously called for redemptionredemption or purchase. The Trustee Agent will promptly notify the Company in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemptionredemption or purchase, the principal amount thereof to be redeemedredeemed or purchased. No Notes and portions of Notes selected will be in amounts of $2,000 or less can be redeemed in part, and the unredeemed portion of the Notes of any Holder must be equal to $2,000 in principal amount or integral whole multiples of $1,000 in excess thereof1,000; except that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemedredeemed or purchased. The provisions in this Section 3.02 and Sections 3.03 and 3.04 hereof relating to a redemption of the Notes will also be applicable to a repurchase of the Notes pursuant to an Asset Sale Offer or a Change of Control Offer, except Except as otherwise provided in the preceding sentence, provisions of this IndentureIndenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.

Appears in 1 contract

Sources: Indenture (Churchill Downs Inc)

Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed at any timepursuant to Section 5.7 or purchased in an Asset Sale Offer pursuant to Section 3.5, the Trustee will select Notes for redemption or purchase (a) if the Notes are in global form, on a pro rata basis, by lot, or by such other method in accordance with the applicable procedures of DTC and (b) if the Notes are in definitive form in their entirety, on a pro rata basis except: (1subject to adjustments to maintain the authorized Notes denomination requirements) if the Notes are listed on any national securities exchangeor by lot, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2) except if otherwise required by law law. No Notes in an unauthorized denomination or to comply with the rules of the Depositary$2,000 in aggregate principal amount or less shall be redeemed in part. In the event of partial redemption by lotredemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 10 days nor more than 60 days prior to the redemption or purchase date by the Trustee from the outstanding Notes not previously called for redemption or purchase; provided that the Issuer shall provide the Trustee with sufficient notice of such partial redemption to enable the Trustee to select the Notes for partial redemption. The Trustee will promptly notify the Company Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemptionredemption or purchase, the principal amount thereof to be redeemedredeemed or purchased. No Notes and portions of Notes selected will be in minimum principal amounts of $2,000 or less can be redeemed in part, and the unredeemed portion of the Notes of any Holder must be equal to $2,000 in principal amount or integral whole multiples of $1,000 in excess thereofof $2,000; except that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not in a minimum principal amount of $2,000 or a multiple of $1,0001,000 in excess thereof, shall be redeemedredeemed or purchased. The provisions in this Section 3.02 and Sections 3.03 and 3.04 hereof relating to a redemption of the Notes will also be applicable to a repurchase of the Notes pursuant to an Asset Sale Offer or a Change of Control Offer, except Except as otherwise provided in the preceding sentence, provisions of this IndentureIndenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.

Appears in 1 contract

Sources: Indenture (MICROSTRATEGY Inc)

Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed or purchased in an offer to purchase at any time, the Trustee will shall select the Notes for redemption to be redeemed or purchased on a pro rata basis except: (1) if or, to the extent that selection on a pro rata basis is not practicable, by lot or by such other method the Trustee shall deem fair and appropriate; provided that Notes are listed on any national securities exchange, represented by Global Notes will be selected for redemption in compliance accordance with the requirements procedures of the principal national securities exchange on which the Notes are listed; or (2) if otherwise required by law or to comply with the rules of the DepositaryDTC. In the event of partial redemption or purchase by lot, the particular Notes to be redeemed will or purchased shall be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the redemption date by the Trustee from the outstanding Notes not previously called for redemptionredemption or purchase; provided that for purposes of this Section 3.02, Notes represented by Global Notes will be selected in accordance with the procedures of DTC. The Except with respect to Notes represented by Global Notes, the Trustee will shall promptly notify the Company Issuers in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemptionredemption or purchase, the principal amount thereof to be redeemedredeemed or purchased. No Notes and portions of Notes selected shall be in amounts of $2,000 or less can be redeemed in part, and the unredeemed portion of the Notes of any Holder must be equal to $2,000 in principal amount or integral whole multiples of $1,000 in excess thereof; no Notes of $2,000 or less shall be redeemed or purchased in part, except that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not $2,000 or a multiple of $1,0001,000 in excess thereof, shall be redeemedredeemed or purchased. The provisions in this Section 3.02 and Sections 3.03 and 3.04 hereof relating to a redemption of the Notes will also be applicable to a repurchase of the Notes pursuant to an Asset Sale Offer or a Change of Control Offer, except Except as otherwise provided in the preceding sentence, provisions of this IndentureIndenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.

Appears in 1 contract

Sources: Indenture (Realogy Group LLC)

Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed or purchased in an offer to purchase at any time, the Trustee will select Notes for redemption on a pro rata basis exceptor purchase as follows: (1a) if the applicable Notes are listed on any national securities exchangeexchange (including the Luxembourg Stock Exchange), in compliance with the requirements of the principal national securities exchange on which the Notes they are listed; or (2b) if otherwise required the applicable Notes are not listed on any national securities exchange or the relevant national securities exchange does not have any applicable requirements, on a pro rata basis, by law lot or to comply with by such method as the rules Trustee shall deem fair and appropriate, provided that no Notes of the Depositary$100,000 in aggregate principal amount or less shall be redeemed in part. In the event of partial redemption or purchase by lot, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the redemption or purchase date by the Trustee from the outstanding Notes not previously called for redemptionredemption or purchase. The Trustee will promptly notify the Company Issuer and the Registrar (if not the Issuer) in writing of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemptionredemption or purchase, the principal amount thereof to be redeemedredeemed or purchased. No Notes and portions of Notes selected will be in minimum amounts of $2,000 or less can be redeemed in part, 100,000 and the unredeemed portion of the Notes of any Holder must be equal to $2,000 in principal amount or integral multiples of $1,000 in excess thereof; except that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, 1,000 (in excess of $100,000) shall be redeemedredeemed or purchased. The provisions in this Section 3.02 and Sections 3.03 and 3.04 hereof relating to a redemption of the Notes will also be applicable to a repurchase of the Notes pursuant to an Asset Sale Offer or a Change of Control Offer, except Except as otherwise provided in the preceding sentence, provisions of this IndentureIndenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.

Appears in 1 contract

Sources: Indenture (NTL Inc)

Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed or purchased at any time, the Trustee selection of the Notes to be redeemed or purchased will be made in accordance with the Applicable Procedures, or, in the case of Definitive Notes, the Paying Agent or the Registrar (as applicable) will select Notes for redemption on a pro rata basis except: or by such other method as the Paying Agent or the Registrar, as applicable shall deem fair and appropriate (1or based on a method that most nearly approximates a pro rata selection (such as by way of pool factor) if the Notes are listed on any national securities exchange, in compliance accordance with the requirements then applicable procedures of the principal national securities exchange on which the Notes are listed; or (2) if relevant clearing system), unless otherwise required by law or to comply with the rules applicable stock exchange, clearing system or depositary requirements; provided, however, that Dollar Notes and portions of the Depositary. In the event of partial redemption by lot, the particular Notes to be redeemed will be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the redemption date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee will promptly notify the Company in writing of the Dollar Notes selected for redemption and, shall be in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes minimum denominations of $2,000 and integral multiples of $1,000 in excess thereof and Euro Notes and portions of Euro Notes selected shall be in minimum denominations of €100,000 and integral multiples of €1,000 in excess thereof; no Dollar Notes in denominations of $2,000 or less or Euro Notes in denominations of €100,000 or less can be redeemed in part, and the unredeemed portion of the Notes of any Holder must be equal to $2,000 in principal amount or integral multiples of $1,000 in excess thereof; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such HolderHolder shall be redeemed, even if not in a multiple principal amount of at least $1,000, shall be redeemed. The provisions 2,000 in this Section 3.02 and Sections 3.03 and 3.04 hereof relating to a redemption the case of the Dollar Notes will also be applicable to a repurchase or €100,000 in the case of the Notes pursuant to an Asset Sale Offer or a Change of Control Offer, except Euro Notes. Except as otherwise provided in the preceding sentence, provisions of this IndentureIndenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. Neither the Trustee, the Paying Agent nor the Registrar will be liable for any selections made in accordance with this ‎Section 3.02. For the Notes which are represented by Global Notes held on behalf of the Depositary notices may be given by delivery of the relevant notices to Depositary for communication to entitled account holders in substitution for the aforesaid mailing.

Appears in 1 contract

Sources: Indenture (Paysafe LTD)

Selection of Notes to Be Redeemed or Purchased. (a) If less than all of the Notes are to be redeemed at any timepursuant to Section 5.7 or Section 5.9, the Trustee will select Notes for redemption on a pro rata basis or purchase (a) if the Notes are in global form, in accordance with the procedures of DTC, and (b) if the Notes are in definitive form, by lot (subject to adjustments to maintain the authorized Notes denomination requirements) except: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2) if otherwise required by law or to comply with the rules law. (b) No Notes in an unauthorized denomination of the Depositaryless than $2,000 and in integral multiples $1.00 in excess thereof shall be redeemed in part. In the event of partial redemption by lotredemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 15 nor more than 60 days prior to the redemption or purchase date by the Trustee from the outstanding Notes not previously called for redemption. redemption or purchase. (c) The Trustee will promptly notify the Company Issuers in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemptionredemption or purchase, the principal amount thereof to be redeemedredeemed or purchased. No Notes and portions of Notes selected will be in amounts of $2,000 or less can be redeemed in part, and the unredeemed portion of the Notes of any Holder must be equal to $2,000 in principal amount or integral whole multiples of $1,000 1.00 in excess thereof; except that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,0001.00, shall be redeemedredeemed or purchased. The provisions in this Section 3.02 and Sections 3.03 and 3.04 hereof relating to a redemption of the Notes will also be applicable to a repurchase of the Notes pursuant to an Asset Sale Offer or a Change of Control Offer, except Except as otherwise provided in the preceding sentence, provisions of this IndentureIndenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.

Appears in 1 contract

Sources: Indenture (Trinseo PLC)

Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed or purchased in an offer to purchase at any time, the Trustee will shall select the Notes for redemption on a pro rata basis exceptor purchase as follows: (1i) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; , or (2ii) if otherwise required the Notes are not listed on any national securities exchange, on a pro rata basis, by law lot or to comply in accordance with any other method the rules of the DepositaryTrustee considers fair and appropriate. In the event of partial redemption or purchase by lot, the particular Notes to be redeemed will or purchased shall be selected, unless otherwise provided herein, not less than 30 days nor more than 60 days prior to the redemption or purchase date by the Trustee from the outstanding Notes not previously called for redemptionredemption or purchase. The Trustee will shall promptly notify the Company in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemptionredemption or purchase, the principal amount thereof to be redeemedredeemed or purchased. No Notes and portions of Notes selected shall be in amounts of $2,000 1,000 or less can be redeemed in part, and the unredeemed portion of the Notes of any Holder must be equal to $2,000 in principal amount or integral whole multiples of $1,000 in excess thereof1,000; except that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount about of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemedredeemed or purchased. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. The provisions in of the two preceding paragraphs of this Section 3.02 and Sections 3.03 and 3.04 hereof relating shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the Notes will also be applicable to a repurchase principal amount of the Notes pursuant to Global Note shall be in an Asset Sale Offer or a Change of Control Offer, except as otherwise provided in this Indentureauthorized denomination.

Appears in 1 contract

Sources: Indenture (Front Range Himalaya Corp)

Selection of Notes to Be Redeemed or Purchased. (a) If less than all of the Notes are to be redeemed at any time, the Trustee Paying Agent or the Registrar, will select the Notes for redemption on a pro rata basis except: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange exchange, if any, on which the Notes are listed; or (2) if otherwise required by law , as certified to such Paying Agent or to comply with the rules of the Depositary. In the event of partial redemption by lot, the particular Notes to be redeemed will be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the redemption date Registrar by the Trustee from the outstanding Notes not previously called for redemption. The Trustee will promptly notify the Company in writing of the Notes selected for redemption andIssuer, and (in the case of Global Notes) in compliance with the requirements of the relevant securities clearing system, or, if the Notes are not so listed or such exchange prescribes no method of selection and the Notes are not held in Global Note form through a securities clearing system, or that securities clearing system prescribes no method of selection, on a pro rata basis; provided, however, that, subject to Section 2.16(c), no Note of €100,000 in aggregate principal amount or less shall be redeemed in part and only Notes in integral multiples of €1.00 will be redeemed. Neither the Trustee nor any Agent will be liable for any selections made in accordance with this Section 3.02. (b) The Issuer will give notices of purchase or redemption to each Holder pursuant to Sections 3.03 and 14.01. (c) In relation to Definitive Registered Notes, a new Note in principal amount equal to the unpurchased or unredeemed portion of any Note selected for partial redemptionpurchased or redeemed in part will be issued in the name of the Holder thereof upon cancellation of the original Note. In the case of a Global Note, a notation will be made on such Note (or in accordance with the procedures of the relevant securities clearing system) to decrease the principal amount thereof to be redeemed. No Notes of $2,000 or less can be redeemed in part, and an amount equal to the unredeemed portion thereof. On or after any purchase or redemption date, unless the Issuer defaults in payment of the purchase or redemption price, interest shall cease to accrue on Notes of any Holder must be equal to $2,000 in principal amount or integral multiples of $1,000 in excess thereof; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. The provisions in this Section 3.02 and Sections 3.03 and 3.04 hereof relating to a redemption of the Notes will also be applicable to a repurchase of the Notes pursuant to an Asset Sale Offer portions thereof tendered for purchase or a Change of Control Offer, except as otherwise provided in this Indenturecalled for redemption.

Appears in 1 contract

Sources: Indenture

Selection of Notes to Be Redeemed or Purchased. (a) If less than all of the Notes are to be redeemed at any timepursuant to Sections 3.5 or 5.7, the Trustee will select the Notes for redemption on a pro rata basis except: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange exchange, if any, on which the Notes are listed, as certified to the Trustee by the Issuers, and in compliance with the requirements of DTC, or if the Notes are not so listed or such exchange prescribes no method of selection and the Notes are not held through DTC or DTC prescribes no method of selection, on a pro rata basis; orprovided, however, that no Note in an authorized denomination of $2,000 in aggregate principal amount or less shall be redeemed in part. (2b) if otherwise required by law or to comply with the rules of the Depositary. In the event of partial redemption by lotredemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 35 nor more than 60 days prior to the redemption or purchase date by the Trustee from the outstanding Notes not previously called for redemption. redemption or purchase. (c) The Trustee will promptly notify the Company Issuers in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemptionredemption or purchase, the principal amount thereof to be redeemedredeemed or purchased. No Notes and portions of Notes selected will be in amounts of $2,000 or less can be redeemed in part, and the unredeemed portion of the Notes of any Holder must be equal to $2,000 in principal amount or integral whole multiples of $1,000 in excess thereof1,000; except that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemedredeemed or purchased. The provisions in this Section 3.02 and Sections 3.03 and 3.04 hereof relating to a redemption of the Notes will also be applicable to a repurchase of the Notes pursuant to an Asset Sale Offer or a Change of Control Offer, except Except as otherwise provided in the preceding sentence, provisions of this IndentureIndenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.

Appears in 1 contract

Sources: Indenture (Trisyn Group, Inc.)

Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed at any timepursuant to Section 5.7 or purchased in an Asset Disposition Offer pursuant to Section 3.5 or a redemption pursuant to Section 5.9, the Trustee will select Notes for redemption or purchase (a) if the Notes are in global form, on a pro rata basis or by lot or such similar method in accordance with the procedures of DTC and (b) if the Notes are in definitive form, on a pro rata basis (subject to adjustments to maintain the authorized Notes denomination requirements) except: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2) if otherwise required by law law. No Notes in an unauthorized denomination or to comply with the rules of the Depositary$2,000 in aggregate principal amount or less shall be redeemed in part. In the event of partial redemption by lotredemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 days nor more than 60 days prior to the redemption or purchase date by the Trustee from the outstanding Notes not previously called for redemptionredemption or purchase. The Trustee will promptly notify the Company Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemptionredemption or purchase, the principal amount thereof to be redeemedredeemed or purchased. No Notes and portions of Notes selected will be in amounts of $2,000 or less can be redeemed in part, and the unredeemed portion of the Notes of any Holder must be equal to $2,000 in principal amount or integral whole multiples of $1,000 in excess thereof1,000; except that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemedredeemed or purchased. The provisions in this Section 3.02 and Sections 3.03 and 3.04 hereof relating to a redemption of the Notes will also be applicable to a repurchase of the Notes pursuant to an Asset Sale Offer or a Change of Control Offer, except Except as otherwise provided in the preceding sentence, provisions of this IndentureIndenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.

Appears in 1 contract

Sources: Indenture (21st Century Oncology Holdings, Inc.)

Selection of Notes to Be Redeemed or Purchased. (a) If less than all of the Notes are to be redeemed at any timeredeemed, the Trustee will select the Notes for redemption on a pro rata basis except: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange exchange, if any, on which the Notes are listed, as certified to the Trustee by the Issuer, and in compliance with the requirements of DTC, or if the Notes are not so listed or such exchange prescribes no method of selection and the Notes are not held through DTC or DTC prescribes no method of selection, on a pro rata or by lot basis; orprovided, however, that no Note in an authorized denomination of $2,000 in aggregate principal amount or less shall be redeemed in part. (2b) if otherwise required by law or to comply with the rules of the Depositary. In the event of partial redemption by lotredemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 35 nor more than 60 days prior to the redemption or purchase date by the Trustee from the outstanding Notes not previously called for redemption. redemption or purchase. (c) The Trustee will promptly notify the Company Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemptionredemption or purchase, the principal amount thereof to be redeemedredeemed or purchased. No Notes and portions of Notes selected will be in amounts of $2,000 or less can be redeemed in part, and the unredeemed portion of the Notes of any Holder must be equal to $2,000 in principal amount or integral whole multiples of $1,000 in excess thereof1,000; except that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, 1,000 shall be redeemedredeemed or purchased. The provisions in this Section 3.02 and Sections 3.03 and 3.04 hereof relating to a redemption of the Notes will also be applicable to a repurchase of the Notes pursuant to an Asset Sale Offer or a Change of Control Offer, except Except as otherwise provided in the preceding sentence, provisions of this IndentureIndenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.

Appears in 1 contract

Sources: Indenture (Infor, Inc.)

Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed at any timepursuant to Section 5.6 or purchased in an Asset Disposition Offer pursuant to Section 3.5 or a redemption pursuant to Section 5.9, the Trustee will select Notes for redemption or purchase (a) if the Notes are in global form, on a pro rata basis or such similar method in accordance with the applicable procedures of DTC and (b) if the Notes are in definitive form, on a pro rata basis (subject to adjustments to maintain the authorized Notes denomination requirements) except: (1a) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2b) if otherwise required by law law. No Notes in an unauthorized denomination or to comply with the rules of the Depositary$2,000 in aggregate principal amount or less shall be redeemed in part. In the event of partial redemption by lotredemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 15 days nor more than 60 days prior to the redemption or purchase date by the Trustee from the outstanding Notes not previously called for redemption or purchase; provided that the Company shall provide the Trustee with sufficient notice of such partial redemption to enable the Trustee to select the Notes for partial redemption. The Trustee will promptly notify the Company in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemptionredemption or purchase, the principal amount thereof to be redeemedredeemed or purchased. No Notes and portions of Notes selected will be in amounts of $2,000 or less can be redeemed in part, and the unredeemed portion of the Notes of any Holder must be equal to $2,000 in principal amount or integral whole multiples of $1,000 in excess thereof1,000; except that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemedredeemed or purchased. The provisions in this Section 3.02 and Sections 3.03 and 3.04 hereof relating to a redemption of the Notes will also be applicable to a repurchase of the Notes pursuant to an Asset Sale Offer or a Change of Control Offer, except Except as otherwise provided in the preceding sentence, provisions of this IndentureIndenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.

Appears in 1 contract

Sources: Indenture (TUTOR PERINI Corp)

Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed or purchased in an offer to purchase at any time, the Trustee will shall select the Notes for redemption on a pro rata basis except: to be redeemed or purchased (1a) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listedlisted or (b) on a pro rata basis or, to the extent that selection on a pro rata basis is not practicable, by lot or by such other method as the Trustee reasonably considers fair and appropriate; or (2) provided that no partial redemption will reduce the principal amount of a Note not redeemed to be less than $1,000; provided further, that if otherwise required by law or to comply a partial redemption is made with the rules proceeds of an Equity Offering then the Trustee shall select the Notes or portions thereof for redemption only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depositary. In the event of partial redemption by lot, the particular Notes to be redeemed will be selectedDepository), unless otherwise provided herein, not less than 30 nor more than 60 days prior to the redemption date by the Trustee from the outstanding Notes not previously called for redemptionsuch method is prohibited. The Trustee will shall promptly notify the Company Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemptionredemption or purchase, the principal amount thereof to be redeemedredeemed or purchased. No Notes and portions of Notes selected shall be in amounts of $1,000 or whole multiples of $1,000; no Notes of $2,000 1,000 or less can be redeemed in part, and the unredeemed portion of the Notes of any Holder must be equal to $2,000 in principal amount or integral multiples of $1,000 in excess thereof; except that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemedredeemed or purchased. The provisions in this Section 3.02 and Sections 3.03 and 3.04 hereof relating to a redemption of the Notes will also be applicable to a repurchase of the Notes pursuant to an Asset Sale Offer or a Change of Control Offer, except Except as otherwise provided in the preceding sentence, provisions of this IndentureIndenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.

Appears in 1 contract

Sources: Indenture (Restaurant Co of Minnesota)

Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed pursuant to Section 5.7 at any time, the Trustee will select the Notes for redemption on a pro rata basis except: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange exchange, if any, on which the Notes are listed; or (2) if otherwise required , as certified to the Trustee by law or to comply the Company, and in compliance with the rules requirements of DTC, or if the DepositaryNotes are not so listed or such exchange prescribes no method of selection and the Notes are not held through DTC or DTC prescribes no method of selection, on a pro rata basis; provided, however, that no Note in an unauthorized denomination shall be redeemed in part. In the event of partial redemption by lot, the particular Notes If any Note is to be redeemed will be selectedin part only, unless otherwise provided herein, not less than 30 nor more than 60 days prior the notice of redemption that relates to that Note shall state the redemption date by the Trustee from the outstanding Notes not previously called for redemption. The Trustee will promptly notify the Company in writing portion of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed, in which case a portion of the original Note will be issued in the name of the Holder thereof upon cancellation of the original Note. No Notes In the case of $2,000 or less can a Global Note, an appropriate notation will be redeemed in part, and made on such Note to decrease the principal amount thereof to an amount equal to the unredeemed portion thereof. Subject to the terms of the applicable redemption notice (including any conditions contained therein), Notes of any Holder must be equal to $2,000 called for redemption become due on the date fixed for redemption. On and after the redemption date, unless the Company defaults in principal amount or integral multiples of $1,000 in excess thereof; except that if all the payment of the redemption price, interest ceases to accrue on Notes or portions of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. The provisions in this Section 3.02 and Sections 3.03 and 3.04 hereof relating to a redemption of the Notes will also be applicable to a repurchase of the Notes pursuant to an Asset Sale Offer or a Change of Control Offer, except as otherwise provided in this Indenturethem called for redemption.

Appears in 1 contract

Sources: Indenture (Valley Telephone Co., LLC)

Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed or purchased in an offer to purchase at any time, the Trustee will select Notes for redemption on a pro rata basis exceptor repurchase as follows: (1a) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2b) if otherwise required the Notes are not listed on any national securities exchange, on a pro rata basis, by law lot or to comply with by such method as the rules of the DepositaryTrustee deems fair and appropriate. In the event of partial redemption or purchase by lot, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the redemption or purchase date by the Trustee from the outstanding Notes not previously called for redemptionredemption or purchase. The Trustee will promptly notify the Company in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemptionredemption or purchase, the principal amount thereof to be redeemedredeemed or purchased. No Notes and portions of Notes selected will be in the amounts of $2,000 or less can be redeemed in part, and the unredeemed portion of the Notes of any Holder must be equal to $2,000 in principal amount or integral whole multiples of $1,000 in excess thereof (or if a PIK Payment has been made, in the amounts of $1.00 or whole multiples of $1.00 in excess thereof); except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemedredeemed or purchased. The provisions in this Section 3.02 and Sections 3.03 and 3.04 hereof relating to a redemption of the Notes will also be applicable to a repurchase of the Notes pursuant to an Asset Sale Offer or a Change of Control Offer, except Except as otherwise provided in the preceding sentence, provisions of this IndentureIndenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.

Appears in 1 contract

Sources: Indenture (Lbi Media Holdings Inc)

Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed or purchased in an offer to purchase at any time, the Trustee will select Notes for redemption on a pro rata basis exceptor purchase as follows: (1a) if the applicable Notes are listed on any national securities exchangeexchange (including the Luxembourg Stock Exchange), in compliance with the requirements of the principal national securities exchange on which the Notes they are listed; or (2b) if otherwise required the applicable Notes are not listed on any national securities exchange or the relevant national securities exchange does not have any applicable requirements, on a pro rata basis, by law lot or to comply with by such method as the rules Trustee, in its sole discretion, shall deem fair and appropriate, provided that no Notes of $200,000 in aggregate principal amount, as the Depositarycase may be, or less shall be redeemed in part. In the event of partial redemption or purchase by lot, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 10 nor more than 60 days prior to the redemption or purchase date by the Trustee from the outstanding Notes not previously called for redemptionredemption or purchase. The Trustee will promptly notify the Company Issuer and the Registrar (if not the Issuer) in writing of the Notes selected for redemption or purchase and, in the case of any Note Notes selected for partial redemptionredemption or purchase, the principal amount thereof to be redeemedredeemed or purchased. No Notes and portions of Notes selected will be in minimum amounts of $2,000 or less can be redeemed in part, 200,000 and the unredeemed portion of the Notes of any Holder must be equal to $2,000 in principal amount or integral multiples of $1,000 in excess thereof; except that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, 1,000 (in excess of $200,000) shall be redeemedredeemed or purchased. The provisions in this Section 3.02 and Sections 3.03 and 3.04 hereof relating to a redemption of the Notes will also be applicable to a repurchase of the Notes pursuant to an Asset Sale Offer or a Change of Control Offer, except Except as otherwise provided in the preceding sentence, provisions of this IndentureIndenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.

Appears in 1 contract

Sources: Indenture (Virgin Media Inc.)

Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed at any timepursuant to Section 5.7 or purchased in an Asset Disposition Offer pursuant to Section 3.5 or a redemption pursuant to Section 5.8, the Trustee will select Notes shall be selected for redemption or purchase (a) if the Notes are in global form, in accordance with the procedures of DTC and (b) if the Notes are in definitive form, on a pro rata basis or by lot (subject to adjustments to maintain the authorized Notes denomination requirements) except: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2) if otherwise required by law law. No Notes in an unauthorized denomination or to comply with the rules of the Depositary$2,000 in aggregate principal amount or less shall be redeemed in part. In the event of partial redemption by lotredemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 10 nor more than 60 days prior to the redemption or purchase date by the Trustee Agent from the outstanding Notes not previously called for redemptionredemption or purchase. The Trustee Agent will promptly notify the Company Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemptionredemption or purchase, the principal amount thereof to be redeemedredeemed or purchased. No Notes and portions of Notes selected will be in amounts of $2,000 or less can be redeemed in part, and the unredeemed portion of the Notes of any Holder must be equal to $2,000 in principal amount or integral whole multiples of $1,000 in excess thereof1,000; except that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemedredeemed or purchased. The provisions in this Section 3.02 and Sections 3.03 and 3.04 hereof relating to a redemption of the Notes will also be applicable to a repurchase of the Notes pursuant to an Asset Sale Offer or a Change of Control Offer, except Except as otherwise provided in the preceding sentence, provisions of this IndentureIndenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.

Appears in 1 contract

Sources: Indenture (Cott Corp /Cn/)

Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed at any timepursuant to Section 5.7 or purchased in an Asset Disposition Offer pursuant to Section 3.5 or a redemption pursuant to Section 5.9, the Trustee will select Notes for redemption or purchase (a) if the Notes are in global form, on a pro rata basis or by lot or such similar method in accordance with the procedures of DTC and (b) if the Notes are in definitive form, on a pro rata basis (subject to adjustments to maintain the authorized Notes denomination requirements) except: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2) if otherwise required by law law. No Notes in an unauthorized denomination or to comply with the rules of the Depositary$2,000 in aggregate principal amount or less shall be redeemed in part. In the event of partial redemption by lotredemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the redemption or purchase date by the Trustee from the outstanding Notes not previously called for redemptionredemption or purchase. The Trustee will promptly notify the Company in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemptionredemption or purchase, the principal amount thereof to be redeemedredeemed or purchased. No Notes and portions of Notes selected will be in amounts of $2,000 or less can be redeemed in part, and the unredeemed portion of the Notes of any Holder must be equal to $2,000 in principal amount or integral whole multiples of $1,000 in excess thereof1,000; except that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemedredeemed or purchased. The provisions in this Section 3.02 and Sections 3.03 and 3.04 hereof relating to a redemption of the Notes will also be applicable to a repurchase of the Notes pursuant to an Asset Sale Offer or a Change of Control Offer, except Except as otherwise provided in the preceding sentence, provisions of this IndentureIndenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.

Appears in 1 contract

Sources: Indenture (Townsquare Media, LLC)

Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed at any timepursuant to Section 5.7 or purchased in an Asset Disposition Offer pursuant to Section 3.5 or a redemption pursuant to Section 5.9, the Trustee will select Notes for redemption or purchase (a) if the Notes are in global form, on a pro rata basis except: or such similar method in accordance with the applicable procedures of DTC and (1b) if the Notes are listed in definitive form, on any national securities exchange, in compliance with a pro rata basis (subject to adjustments to maintain the requirements of the principal national securities exchange on which the authorized Notes are listed; or (2denomination requirements) except if otherwise required by law law. No Notes in an unauthorized denomination or to comply with the rules of the Depositary$2,000 in aggregate principal amount or less shall be redeemed in part. In the event of partial redemption by lotredemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 15 days nor more than 60 days prior to the redemption or purchase date by the Trustee from the outstanding Notes not previously called for redemption or purchase; provided that the Issuer shall provide the Trustee with sufficient notice of such partial redemption to enable the Trustee to select the Notes for partial redemption. The Trustee will promptly notify the Company Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemptionredemption or purchase, the principal amount thereof to be redeemedredeemed or purchased. No Notes and portions of Notes selected will be in amounts of $2,000 or less can be redeemed in part, and the unredeemed portion of the Notes of any Holder must be equal to $2,000 in principal amount or integral whole multiples of $1,000 in excess thereof1,000; except that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemedredeemed or purchased. The provisions in this Section 3.02 and Sections 3.03 and 3.04 hereof relating to a redemption of the Notes will also be applicable to a repurchase of the Notes pursuant to an Asset Sale Offer or a Change of Control Offer, except Except as otherwise provided in the preceding sentence, provisions of this IndentureIndenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.

Appears in 1 contract

Sources: Indenture (INC Research Holdings, Inc.)

Selection of Notes to Be Redeemed or Purchased. (a) If less fewer than all of the Notes are to be redeemed at any time, the Trustee time DTC will select Notes for redemption credit their participants’ accounts on a pro rata pass-through distribution of principal basis except: (1with adjustments to prevent fractions) if or on such other basis as they deem fair and appropriate in accordance with the rules and procedures of DTC. No book-entry interest of less than $200,000 in principal amount may be redeemed in part and only in multiples of $1,000. If the Notes are listed on any national securities exchangenot held through DTC or DTC prescribe no method of selection, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2) if otherwise required by law or to comply with the rules of the Depositary. In the event of partial redemption by lot, the particular Notes to be redeemed will be selected, unless otherwise provided hereinon a pro rata basis, not less than 30 nor more than 60 days prior subject to the redemption date by the Trustee from the adjustments so that no Note in an unauthorized denomination remains outstanding Notes not previously called for after such redemption. The Trustee Trustee, any Paying Agent and the Registrar shall not be liable for selections made under this Section 3.02(a). (b) Notices of purchase or redemption will promptly notify be given to each Holder pursuant to Sections 3.03 and 14.01. (c) In relation to Definitive Registered Notes, a new Definitive Registered Note in principal amount equal to the Company unpurchased or unredeemed portion of any Definitive Registered Note purchased or redeemed in writing part will be issued in the name of the Notes selected for redemption and, in Holder thereof upon cancellation of the original Definitive Registered Note. In the case of any a Global Note, an appropriate notation will be made on such Note selected for partial redemption, to decrease the principal amount thereof to be redeemed. No Notes of $2,000 or less can be redeemed in part, and an amount equal to the unredeemed portion thereof. On or after any purchase or redemption date, unless the Issuers default in the payment of the redemption price, interest shall cease to accrue on Notes of any Holder must be equal to $2,000 in principal amount or integral multiples of $1,000 in excess thereof; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. The provisions in this Section 3.02 and Sections 3.03 and 3.04 hereof relating to a redemption of the Notes will also be applicable to a repurchase of the Notes pursuant to an Asset Sale Offer portions thereof tendered for purchase or a Change of Control Offer, except as otherwise provided in this Indenturecalled for redemption.

Appears in 1 contract

Sources: Indenture (Ardagh Metal Packaging S.A.)

Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed pursuant to Section 5.7 at any time, the Trustee will select the Notes for redemption on a pro rata basis except: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange exchange, if any, on which the Notes are listed; or (2) if otherwise required , as certified to the Trustee by law or to comply the Company, and in compliance with the rules requirements of DTC, or if the Notes are not so listed or such exchange prescribes no method of selection and the Notes are not held through DTC or DTC prescribes no method of selection, on a pro rata basis; provided, however, that no Note in an unauthorized denomination shall be redeemed in part. If any Note is to be redeemed in part only, the notice of redemption that relates to that Note shall state the portion of the Depositaryprincipal amount thereof to be redeemed, in which case a portion of the original Note will be issued in the name of the Holder thereof upon cancellation of the original Note. In the event case of partial redemption by lota Global Note, the particular Notes to be redeemed an appropriate notation will be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior made on such Note to decrease the principal amount thereof to an amount equal to the redemption date by the Trustee from the outstanding Notes not previously called for redemptionunredeemed portion thereof. The Trustee will promptly notify the Company Issuers in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemptionredemption or purchase, the principal amount thereof to be redeemedredeemed or purchased. No Notes and portions of Notes selected will be in amounts of $2,000 or less can be redeemed in part, and the unredeemed portion of the Notes of any Holder must be equal to $2,000 in principal amount or integral whole multiples of $1,000 in excess thereof1,000; except that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemedredeemed or purchased. The provisions in this Section 3.02 and Sections 3.03 and 3.04 hereof relating to a redemption of the Notes will also be applicable to a repurchase of the Notes pursuant to an Asset Sale Offer or a Change of Control Offer, except Except as otherwise provided in the preceding sentence, provisions of this IndentureIndenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.

Appears in 1 contract

Sources: Indenture (Valley Telephone Co., LLC)

Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed at any timepursuant to Section 5.7, the Trustee will select Notes for redemption or purchase (a) if the Notes are in global form, on a pro rata basis or by lot or such similar method in accordance with the procedures of DTC and (b) if the Notes are in definitive form, on a pro rata basis (subject to adjustments to maintain the authorized Notes denomination requirements) except: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; provided that the Trustee is provided notice of such listing at the time thereof; or (2) if otherwise required by law or to comply with the rules of the Depositarylaw. In the event of partial redemption by lotredemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the redemption or purchase date by the Trustee from the outstanding Notes not previously called for redemptionredemption or purchase. The Trustee will promptly notify the Company Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemptionredemption or purchase, the principal amount thereof to be redeemedredeemed or purchased. No Notes and portions of Notes selected will be in amounts of $2,000 1.00 or less can be redeemed in part, and the unredeemed portion of the Notes of any Holder must be equal to $2,000 in principal amount or integral whole multiples of $1,000 1.00 in excess thereof; except that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, Holder shall be redeemedredeemed or purchased. The provisions in this Section 3.02 and Sections 3.03 and 3.04 hereof relating to a redemption of the Notes will also be applicable to a repurchase of the Notes pursuant to an Asset Sale Offer or a Change of Control Offer, except Except as otherwise provided in the preceding sentence, provisions of this IndentureIndenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.

Appears in 1 contract

Sources: Indenture (DPC Products, Inc.)

Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed at any timepursuant to Section 5.7 or purchased in an Asset Disposition Offer pursuant to Section 3.5, the Trustee will select Notes for redemption or purchase (a) if the Notes are in global form, on a pro rata basis, by lot, or by such other method in accordance with the applicable procedures of DTC and (b) if the Notes are in definitive form in their entirety, on a pro rata basis except: (1subject to adjustments to maintain the authorized Notes denomination requirements) if the Notes are listed on any national securities exchangeor by lot, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2) except if otherwise required by law law. No Notes in an unauthorized denomination or to comply with the rules of the Depositary$2,000 in aggregate principal amount or less shall be redeemed in part. In the event of partial redemption by lotredemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 10 days nor more than 60 days prior to the redemption or purchase date by the Trustee from the outstanding Notes not previously called for redemption or purchase; provided that the Issuer shall provide the Trustee with sufficient notice of such partial redemption to enable the Trustee to select the Notes for partial redemption. The Trustee will promptly notify the Company Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemptionredemption or purchase, the principal amount thereof to be redeemedredeemed or purchased. No Notes and portions of Notes selected will be in minimum principal amounts of $2,000 or less can be redeemed in part, and the unredeemed portion of the Notes of any Holder must be equal to $2,000 in principal amount or integral whole multiples of $1,000 in excess thereofof $2,000; except provided that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not in a minimum principal amount of $2,000 or a multiple of $1,0001,000 in excess thereof, shall be redeemedredeemed or purchased. The provisions in this Section 3.02 and Sections 3.03 and 3.04 hereof relating to a redemption of the Notes will also be applicable to a repurchase of the Notes pursuant to an Asset Sale Offer or a Change of Control Offer, except Except as otherwise provided in the preceding sentence, the provisions of this IndentureIndenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.

Appears in 1 contract

Sources: Indenture (Korn Ferry)

Selection of Notes to Be Redeemed or Purchased. If less than all of the Notes are to be redeemed at any timepursuant to Section 5.7 or purchased in an Asset Disposition Offer pursuant to Section 3.5 or a redemption pursuant to Section 5.9, the Trustee will select Notes for redemption or purchase (a) if the Notes are in global form, on a pro rata basis or by lot or such similar method in accordance with the procedures of DTC, Euroclear or Clearstream, as applicable, and (b) if the Notes are in definitive form, on a pro rata basis (subject to adjustments to maintain the authorized Notes denomination requirements) except: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or (2) if otherwise required by law law. No Notes in an unauthorized denomination of less than $200,000 in aggregate principal amount with respect of Dollar Notes or to comply €100,000 in aggregate principal amount with the rules respect of the DepositaryEuro Notes shall be redeemed in part. In the event of partial redemption by lotredemption, the particular Notes to be redeemed or purchased will be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the redemption or purchase date by the Trustee from the outstanding Notes not previously called for redemptionredemption or purchase. The Trustee will promptly notify the Company Issuers in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemptionredemption or purchase, the principal amount thereof to be redeemedredeemed or purchased. No Notes and portions of Notes selected will be in amounts of €100,000 or whole multiples of €1,000 in excess thereof with respect to Euro Notes and $2,000 200,000 or less can be redeemed in part, and the unredeemed portion of the Notes of any Holder must be equal to $2,000 in principal amount or integral whole multiples of $1,000 in excess thereofthereof for Dollar Notes; except that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of €1,000 or $1,000, as applicable shall be redeemedredeemed or purchased. The provisions in this Section 3.02 and Sections 3.03 and 3.04 hereof relating to a redemption of the Notes will also be applicable to a repurchase of the Notes pursuant to an Asset Sale Offer or a Change of Control Offer, except Except as otherwise provided in the preceding sentence, provisions of this IndentureIndenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase.

Appears in 1 contract

Sources: Indenture (Trinseo S.A.)

Selection of Notes to Be Redeemed or Purchased. (a) If less than all of the Notes are to be redeemed pursuant to Section 3.07 or Section 3.09 or purchased in an offer to purchase at any time, the Trustee will shall select the Notes for redemption on a pro rata basis except: to be redeemed or purchased (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Notes are listed; or , (2) if the Notes are not so listed but are in global form, then by lot or otherwise required by law or to comply in accordance with the rules procedures of DTC or the DepositaryDepositary or (3) if the Notes are not so listed and are not in global form, then on a pro rata basis, by lot or by such other method as the Trustee in its sole discretion shall deem fair and appropriate. In the event of partial redemption or purchase by lot, the particular Notes to be redeemed will or purchased shall be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the redemption date by the Trustee from the then outstanding Notes not previously called for redemption. redemption or purchase. (b) The Trustee will shall promptly notify the Company Issuers in writing of the Notes selected for redemption and, or purchase. Notes and portions of Notes selected shall be in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes amounts of $2,000 or less can be redeemed in part, and the unredeemed portion of the Notes of any Holder must be equal to $2,000 in principal amount or integral multiples of $1,000 in excess thereof; no Notes of $2,000 or less shall be redeemed in part, except that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not $2,000 or a multiple of $1,0001,000 in excess thereof, shall be redeemed or purchased. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption or purchase also apply to portions of Notes called for redemption or purchase. (c) After the redemption date, upon surrender of a Note to be redeemed in part only, a new Note or Notes in principal amount equal to the unredeemed portion of the original Note, representing the same Indebtedness to the extent not redeemed. The provisions , shall be issued in this Section 3.02 and Sections 3.03 and 3.04 hereof relating to a redemption the name of the Holder of the Notes will also be applicable to a repurchase upon cancellation of the Notes pursuant original Note (or appropriate book entries shall be made to an Asset Sale Offer or a Change of Control Offer, except as otherwise provided in this Indenturereflect such partial redemption).

Appears in 1 contract

Sources: Indenture (Brookfield Residential Properties Inc.)