Selection of Notes to Be Redeemed or Purchased. (a) If less than all of the Notes are to be redeemed pursuant to Section 3.6 or Section 3.7 or purchased pursuant to a Change of Control Offer at any time, the Trustee shall select the Notes to be redeemed or purchased in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not listed, then on as nearly a pro rata basis as possible (subject to such rounding as the Trustee may determine so that Notes are redeemed in whole increments of $1,000 and no Note of $1,000 in original principal amount or less will be redeemed in part). In the event of partial redemption or purchase, the particular Notes to be redeemed 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 or purchase. (b) The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected shall be in whole increments of $1,000; no Notes of $1,000 or less shall be redeemed in part, except that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not $1,000 or a multiple of $1,000 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.
Appears in 2 contracts
Sources: Senior Unsecured Notes Indenture, Senior Secured Notes Indenture
Selection of Notes to Be Redeemed or Purchased. (a) If less than all of the Notes are to be redeemed pursuant to Section 3.6 or Section 3.7 or purchased pursuant in an offer to a Change of Control Offer purchase at any time, the Trustee shall will select the Notes to be redeemed for redemption or purchased in compliance with the requirements of the principal national securities exchange, if any, purchase based on which the Notes are listed or, if the Notes are not listed, then on as a method that most nearly approximates a pro rata basis as possible (subject to such rounding as selection that the Trustee may determine so that Notes are redeemed deems fair and appropriate, including by lot or other method, unless otherwise required by law or applicable stock exchange requirements, subject, in whole increments the case of $1,000 Global Notes, to the applicable rules and no Note procedures of $1,000 in original principal amount or less will be redeemed in part)the Depositary. In the event of partial redemption or purchasepurchase by lot, the particular Notes to be redeemed or purchased shall 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 then outstanding Notes not previously called for redemption or purchase.
(b) , subject, in the case of Global Notes, to the applicable rules and procedures of the Depositary. The Trustee shall will promptly notify the Issuer Company in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected shall will be in whole increments minimum amounts of $1,000; no Notes 2,000 and integral multiples of $1,000 or less shall be redeemed in part, excess thereof; except that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not $1,000 or a multiple of $1,000 in excess thereof1,000, 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.
Appears in 2 contracts
Sources: Indenture (Alon Refining Krotz Springs, Inc.), Indenture (Alon USA Energy, Inc.)
Selection of Notes to Be Redeemed or Purchased. (a) If In the case of any partial redemption pursuant to Section 3.07 or if less than all of the Notes are to purchased in an Offer, selection of the Notes for redemption or purchase, as applicable, shall be redeemed pursuant to Section 3.6 or Section 3.7 or purchased pursuant to a Change of Control Offer at any time, made by the Trustee shall select the Notes to be redeemed or purchased in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not listed, then on as nearly a pro rata basis as possible (subject to basis, by lot or by such rounding other method as the Trustee may determine so that Notes are redeemed in whole increments of $1,000 and no Note of $1,000 in original principal amount or less will be redeemed in part). In the event of partial redemption or purchase, the particular Notes deems to be redeemed fair and appropriate or purchased shall be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to in accordance with the redemption date by applicable procedures of the Trustee from Depositary (in the then outstanding Notes not previously called for redemption or purchasecase of Global Notes).
(b) The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected shall be in whole increments amounts of $1,000; no Notes 150,000 or integral multiples of $1,000 in excess thereof (or if a PIK Payment has been made, in denominations of $1.00 and any integral multiple of $1.00 in excess thereof); provided that no Notes in principal amount equal to the minimum denomination or less shall be redeemed in part, except that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not $1,000 or a multiple of $1,000 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 or purchase date, upon surrender of a Note to be redeemed or purchased in part only, a new Note or Notes in principal amount equal to the unredeemed or unpurchased portion of the original Note, representing the same Debt to the extent not redeemed or not purchased, shall be issued in the name of the Holder of the Notes upon cancellation of the original Note (or appropriate book entries shall be made to reflect such partial redemption).
Appears in 2 contracts
Sources: Senior Secured Notes Indenture (CIMPRESS PLC), Note and Warrant Purchase Agreement (CIMPRESS PLC)
Selection of Notes to Be Redeemed or Purchased. (a) If less than all of the Notes are to be redeemed pursuant to Section 3.6 or Section 3.7 3.07 or purchased pursuant to a Change of Control in an Asset Disposition Offer at any time, the U.S. Trustee shall select the Notes 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, if any, exchange on which the Notes are listed orlisted, (2) if the Notes are not listedso listed but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable Depositary or (3) if the Notes are not so listed and are not in global form, then on as nearly a pro rata basis as possible (subject to basis, by lot or by such rounding other method as the U.S. Trustee may determine so that Notes are redeemed in whole increments of $1,000 its sole discretion shall deem fair and no Note of $1,000 in original principal amount or less will be redeemed in part)appropriate. In the event of partial redemption or purchasepurchase by lot, the particular Notes to be redeemed 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 U.S. Trustee from the then outstanding Notes not previously called for redemption or purchase.
(b) The U.S. Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected shall be in whole increments amounts of $1,000; no Notes 2,000 and integral multiples of $1,000 or less shall be redeemed in part, excess thereof; except that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not $1,000 2,000 or a multiple of $1,000 in excess thereof, shall be redeemed or purchased. No Notes of $2,000 or less shall be redeemed in part. 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.
Appears in 2 contracts
Selection of Notes to Be Redeemed or Purchased. (a) If less than all of the Notes Notes, are to be redeemed pursuant to Section 3.6 or Section 3.7 or purchased pursuant in an offer to a Change of Control Offer purchase at any time, the Trustee Registrar and Paying Agent shall select the Notes to be redeemed or purchased (a) if the Notes are listed on any national securities exchange and the Registrar and Paying Agent are informed of such listing, in compliance with the requirements of the principal national securities exchange, if any, exchange on which the Notes are listed or, if the Notes are not listed, then (b) on as nearly a pro rata basis as possible to the extent practicable or (subject to c) by lot or by such rounding as other method in accordance with the Trustee may determine so that Notes are redeemed in whole increments procedures of $1,000 and no Note of $1,000 in original principal amount or less will be redeemed in part)DTC. In the event of partial redemption or purchasepurchase by lot, the particular Notes to be redeemed 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 Registrar and Paying Agent from the then outstanding Notes not previously called for redemption or purchase.
(b) . The Trustee Registrar and Paying Agent shall promptly notify the Issuer Issuers in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected shall be in whole increments amounts of $1,0002,000 or whole multiples of $1,000 in excess thereof; no Notes of $1,000 2,000 or less shall can be redeemed in part, except that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not $1,000 2,000 or a multiple of $1,000 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.
Appears in 2 contracts
Sources: Indenture (Toys R Us Inc), Indenture (Toys R Us Inc)
Selection of Notes to Be Redeemed or Purchased. (a) If less than all of the Notes are to be redeemed pursuant to Section 3.6 or Section 3.7 or purchased pursuant in an offer to a Change of Control Offer purchase at any timetime (subject to Applicable Procedures in the case of Global Notes), the Trustee shall will select Notes for redemption or purchase by a method the Notes Trustee deems to be redeemed fair and appropriate, unless otherwise required by law or purchased in compliance with applicable stock exchange or depositary requirements; provided that the requirements of the principal national securities exchange, if any, on which the Notes minimum denominations are listed or, if the Notes are not listed, then on as nearly a pro rata basis as possible (subject to such rounding as the Trustee may determine so that Notes are redeemed in whole increments of $1,000 and no Note of $1,000 in original principal amount or less will be redeemed in part)preserved. In the event of partial redemption or purchasepurchase by lot, the particular Notes to be redeemed or purchased shall 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 then outstanding Notes not previously called for redemption or purchase.
(b) . The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected shall be in whole increments minimum amounts of $1,0002,000 or integral multiples of $1,000 in excess thereof; no Notes of $1,000 2,000 or less shall can be redeemed in part, except that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not equal to $1,000 2,000 or a an integral multiple of $1,000 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.
Appears in 2 contracts
Sources: Indenture (CF Industries Holdings, Inc.), Indenture (CF Industries Holdings, Inc.)
Selection of Notes to Be Redeemed or Purchased. (a) If less than all of the 5.625% Notes are to be redeemed pursuant to Section 3.6 or Section 3.7 3.07 or purchased in a Net Proceeds Offer pursuant to a Change of Control Offer at any timeSection 4.06, the Trustee shall select 5.625% Notes for redemption or purchase (a) if the 5.625% Notes to be redeemed are in global form, on a pro rata basis or purchased by lot or such similar method in accordance with the procedures of DTC and (b) if the 5.625% Notes are in definitive form, on a pro rata basis except:
(i) if the 5.625% Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange, if any, exchange on which the 5.625% Notes are listed listed; or
(ii) if otherwise required by law. Notwithstanding the foregoing, if a partial redemption is made pursuant to the provisions of Section 5.7(b), selection of 5.625% Notes are not listed, then on as nearly or portions thereof for redemption shall be made by the Trustee only a pro rata basis or as possible nearly pro rata as is practicable (subject to such rounding as the Trustee may determine so procedures of the DTC)), unless that method is otherwise prohibited. No 5.625% Notes are redeemed in whole increments of $1,000 and no Note of $1,000 in original principal amount 2,000 or less will can be redeemed in part). In the event of partial redemption or purchaseredemption, the particular 5.625% Notes to be redeemed 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 then outstanding 5.625% Notes not previously called for redemption or purchase.
(b) . The Trustee shall promptly notify the Issuer in writing of the 5.625% Notes selected for redemption or purchase and, in the case of any 5.625% Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. 5.625% Notes and portions of 5.625% Notes selected shall be in amounts of $2,000 or whole increments multiples of $1,000; no Notes of $1,000 or less shall be redeemed in part, except that if all of the 5.625% Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of 5.625% Notes held by such Holder, even if not $1,000 or a multiple of $1,000 in excess thereof1,000, shall be redeemed or purchased. Except as provided in the preceding sentence, provisions of this Supplemental Indenture that apply to 5.625% Notes called for redemption or purchase also apply to portions of 5.625% Notes called for redemption or purchase.
Appears in 1 contract
Sources: First Supplemental Indenture (ExamWorks Group, Inc.)
Selection of Notes to Be Redeemed or Purchased. (a) If less than all of the Notes are to be redeemed pursuant to Section 3.6 or Section 3.7 3.07 or purchased pursuant in an Offer to a Change of Control Offer Purchase at any time, the Trustee shall select the Notes 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, if any, exchange on which the Notes are listed or, or (2) if the Notes are not so listed, then on as nearly a pro rata basis as possible (subject to basis, by lot or by such rounding other method as the Trustee may determine so that Notes are redeemed in whole increments its sole discretion shall deem fair and appropriate, all in accordance with the procedures of $1,000 and no Note the Depositary in the case of $1,000 in original principal amount or less will be redeemed in part)Global Notes. In the event of partial redemption or purchasepurchase by lot, the particular Notes to be redeemed 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 or purchase.
(bc) The Trustee 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 Debt to the extent not redeemed, shall promptly notify be issued in the Issuer in writing name of the Holder of the Notes selected for redemption upon cancellation of the original Note (or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected appropriate book entries shall be in whole increments of $1,000; no Notes of $1,000 or less shall be redeemed in part, except that if all of the Notes of a Holder are made to be redeemed or purchased, the entire outstanding amount of Notes held by reflect such Holder, even if not $1,000 or a multiple of $1,000 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 purchasepartial redemption).
Appears in 1 contract
Selection of Notes to Be Redeemed or Purchased. (a) If less than all of the Notes are to be redeemed pursuant to Section 3.6 or Section 3.7 or purchased pursuant in an offer to a Change of Control Offer purchase at any time, the Trustee shall Paying Agent will select the Notes to be redeemed for redemption or purchased in compliance with the requirements of the principal national securities exchange, if any, purchase on which the Notes are listed or, if the Notes are not listed, then on as nearly a pro rata basis as possible or by lot (subject to such rounding as or in the Trustee may determine so that Notes are redeemed case of Global Notes, in whole increments of $1,000 and no Note of $1,000 in original principal amount accordance with the Applicable Procedures) unless otherwise required by law or less will be redeemed in part)applicable securities exchange or depositary requirements. In the event of partial redemption or purchase, the particular Notes to be redeemed or purchased shall will be selected, unless otherwise provided hereinherein (or in the case of Global Notes, not less than 30 nor more than 60 days unless otherwise provided by the Applicable Procedures), prior to the mailing of the redemption date or purchase notice by the Trustee Paying Agent from the then outstanding Notes not previously called for redemption or purchase.
(b) . The Trustee shall Paying Agent will promptly notify the Issuer Company in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected shall will be in whole increments minimum principal amounts of $1,000; no Notes 2,000 and integral multiples of $1,000 or less shall be redeemed in part, excess thereof; except that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding principal amount of Notes held by such Holder, even if not $1,000 2,000 or a multiple of $1,000 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.
Appears in 1 contract
Sources: Indenture (GOOD TECHNOLOGY Corp)
Selection of Notes to Be Redeemed or Purchased. (a) If less than all of the Notes are to be redeemed pursuant to Section 3.6 or Section 3.7 3.07 or purchased pursuant in an Offer to a Change of Control Offer Purchase at any time, the Trustee shall select the Notes to be redeemed or purchased (1) in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed or, or (2) if the Notes are not so listed, then on as nearly a pro rata basis as possible (subject to basis, by lot or by such rounding other method as the Trustee may determine so that Notes are redeemed in whole increments its sole discretion shall deem fair and appropriate, all in accordance with the procedures of $1,000 and no Note the Depositary in the case of $1,000 in original principal amount or less will be redeemed in part)Global Notes. In the event of partial redemption or purchasepurchase by lot, the particular Notes to be redeemed 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 or purchase.
(b) The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected shall be in amounts of $1,000 or whole increments number multiples of $1,000; no Notes of $1,000 2,000 or less shall be redeemed in part, except that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not $1,000 2,000 or a multiple of $1,000 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.
Appears in 1 contract
Sources: Indenture (Banro Corp)
Selection of Notes to Be Redeemed or Purchased. (a) If less than all of the Notes are to be redeemed pursuant to Section 3.6 or Section 3.7 or purchased pursuant in an offer to a Change of Control Offer purchase at any time, the Trustee shall select the Notes to be redeemed or purchased in compliance with on a pro rata basis, by lot or by such other method as the requirements of the principal national securities exchange, if any, on which the Notes are listed or, Trustee shall deem fair and appropriate; provided that if the Notes are not listedin global form, then on as nearly a pro rata basis as possible (subject to interest in such rounding as the Trustee may determine so that Notes are redeemed in whole increments of $1,000 and no Note of $1,000 in original principal amount or less global notes will be redeemed selected for redemption by DTC in part)accordance with Applicable Procedures. In the event of partial redemption or purchasepurchase by lot, the particular Notes to be redeemed 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 DTC, as applicable, from the then outstanding Notes not previously called for redemption or purchase.
(b) . The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected shall be in whole increments amounts of $1,0002,000 or whole multiples of $1,000 in excess of $2,000; no Notes of $1,000 2,000 or less shall may be redeemed or purchased in part, except that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not $1,000 2,000 or a multiple of $1,000 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.
Appears in 1 contract
Sources: Indenture (Ocwen Financial Corp)
Selection of Notes to Be Redeemed or Purchased. (a) To the extent that the Company elects to redeem any Notes pursuant to Section 3.07, if less than all of the Notes are to be redeemed at any time, and such Notes are not Global Notes, the Trustee shall select Notes for redemption in compliance with the requirements of the Depositary, of if such Notes are not held through a Depositary, on a pro rata basis, unless otherwise required by law or applicable stock exchange or Depositary requirements. If less than all of the Notes are to be redeemed pursuant to Section 3.6 or Section 3.7 or purchased pursuant to a Change of Control Offer at any time, the Trustee shall select Company at its option may effect such redemption pursuant to any one, or if it so elects, more than one of such provisions of Section 3.07. If the Company elects to redeem Notes under more than one such provision of Section 3.07, the Company may designate the amount of Notes to be redeemed under each such provision and whether the use of such provisions will be simultaneous or purchased in compliance with the requirements of the principal national securities exchangesequential and, if anysequential, on which the Notes are listed or, if the Notes are not listed, then on as nearly a pro rata basis as possible (subject to order of such rounding as the Trustee may determine so that Notes are redeemed in whole increments of $1,000 and no Note of $1,000 in original principal amount or less will be redeemed in part)use. In the event of partial redemption or purchasepurchase by lot, the particular Notes to be redeemed 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 then outstanding Notes not previously called for redemption or purchase.
(b) . The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected shall be in whole increments amounts of $1,000U.S.$2,000 or integral multiples of U.S.$1,000 in excess thereof; no Notes of $1,000 or less shall be redeemed in part, except that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not $1,000 U.S.$2,000 or a multiple of $1,000 U.S.$1,000 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.
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 pursuant to Section 3.6 or Section 3.7 5.7 or purchased in an Asset Disposition Offer pursuant to Section 3.5 or a Change of Control Offer at any timeredemption pursuant to Section 5.8, the Trustee shall 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 be redeemed or purchased 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, if any, exchange on which the Notes are listed listed; or,
(2) if the otherwise required by law. No Notes are not listed, then on as nearly a pro rata basis as possible (subject to such rounding as the Trustee may determine so that Notes are redeemed in whole increments an unauthorized denomination or of $1,000 and no Note of $1,000 2,000 in original aggregate principal amount or less will shall be redeemed in part). In the event of partial redemption or purchaseredemption, the particular Notes to be redeemed or purchased shall 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 then outstanding Notes not previously called for redemption or purchase.
(b) . The Trustee shall Agent will promptly notify the Issuer Company in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected shall will be in amounts of $2,000 or whole increments multiples of $1,000; no Notes of $1,000 or less shall be redeemed in part, except that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not $1,000 or a multiple of $1,000 in excess thereof1,000, 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 pr ortions 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 (other than pursuant to Section 3.6 or Section 3.7 3.09 hereof) or purchased pursuant in an offer to a Change of Control Offer purchase at any time, the Trustee shall select Notes for redemption or purchase as follows:
(a) if the Notes to be redeemed or purchased are listed on any internationally recognized securities exchange, in compliance with the requirements of the principal national internationally recognized securities exchange, if any, exchange on which the Notes are listed listed; or,
(b) if the Notes are not listedlisted on any internationally recognized securities exchange, then on as nearly a pro rata basis as possible (subject to such rounding as basis, by lot or, in the Trustee may determine so that case of Notes are redeemed issued in whole increments global form, in accordance with the applicable procedures of $1,000 and no Note of $1,000 in original principal amount or less will be redeemed in part)the Depositary. ASIA 33616188 34 In the event of partial redemption or purchasepurchase by lot, the particular Notes to be redeemed 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 then outstanding Notes not previously called for redemption or purchase.
(b) . The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected shall be in whole increments amounts of $1,000US$200,000 or integral multiples of US$1,000 in excess of US$200,000; no Notes of $1,000 or less shall be redeemed in partprovided, except however, that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if less than $200,000 or not $1,000 or a multiple of $1,000 in excess thereofUS$1,000, 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.
Appears in 1 contract
Sources: Indenture (Wynn Resorts LTD)
Selection of Notes to Be Redeemed or Purchased. (a) If the Issuer is redeeming or purchasing less than all of the Notes are to be redeemed issued by it at any time, pursuant to Section 3.6 or Section 3.7 5.7 or purchased pursuant to in an Asset Sale Offer or a Change of Control Offer at any timepursuant to Section 3.10, the Trustee shall select the Notes to be redeemed or purchased (a) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange, if any, exchange on which the Notes are listed or, if the Notes are not listed, then (b) on as nearly a pro rata basis as possible (subject to the extent practicable) or (c) by lot or such rounding as other similar method in accordance with the Trustee may determine so that procedures of DTC. No Notes are redeemed in whole increments of $1,000 and no Note of $1,000 in original principal amount 2,000 or less will can be redeemed in part). In the event of partial redemption or purchaseredemption, the particular Notes to be redeemed 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 then outstanding Notes not previously called for redemption or purchase.
(b) . The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected shall be in whole increments amounts of $1,000; no Notes 2,000 or an integral multiple of $1,000 or less shall be redeemed in part, excess thereof; except that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not $1,000 or a multiple of $1,000 in excess thereof1,000, 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.
Appears in 1 contract
Sources: Indenture (Burger King Holdings Inc)
Selection of Notes to Be Redeemed or Purchased. (a) If less than all of the Notes are to be redeemed pursuant to Section 3.6 or Section 3.7 or purchased pursuant in an offer to a Change of Control Offer purchase at any time, the Trustee shall select the Notes to be redeemed or purchased (a) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange, if any, exchange on which the Notes are listed or, if the Notes are not listed, then on as nearly a pro rata basis as possible or (subject to b) by lot or by such rounding as other method the Trustee may determine so that Notes are redeemed in whole increments of $1,000 considers fair and no Note of $1,000 in original principal amount or less will be redeemed in part)appropriate. In the event of partial redemption or purchasepurchase by lot, the particular Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, not less than 30 35 nor more than 60 days prior to the redemption date by the Trustee from the then outstanding Notes not previously called for redemption or purchase.
(b) . The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected shall be in whole increments amounts of $1,0002,000 or an integral multiple of $1,000 in excess of $2,000 (or, if a PIK Payment has been made, in minimum denominations of $1.00 and any integral multiple in excess of $1.00 in respect of PIK Notes); no Notes of $1,000 2,000 or less shall can be redeemed in part, except that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not $1,000 or a multiple of $1,000 in excess thereofor $1.00, as applicable, 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.
Appears in 1 contract
Sources: Indenture (Petco Holdings Inc)
Selection of Notes to Be Redeemed or Purchased. (a) If less than all of the Notes are to be redeemed pursuant to Section 3.6 or Section 3.7 or purchased pursuant in an offer to a Change of Control Offer purchase at any time, the Trustee shall or the relevant Registrar, as applicable, will select the Notes to be redeemed for redemption or purchased in compliance with the requirements of the principal national securities exchange, if any, purchase on which the Notes are listed or, if the Notes are not listed, then on as nearly a pro rata basis as possible or by lot or by using a pool factor or some other method (subject to such rounding or in the case of Global Notes based on a method that most nearly approximates a pro rata selection as the Trustee may determine so that or the relevant Registrar, as applicable, deems fair and appropriate) unless otherwise required by law or applicable stock exchange or depository requirements. Neither the Trustee nor the relevant Registrar shall be liable for any selections made by it in accordance with this Section 3.02. No Euro Notes are redeemed in whole increments of $1,000 €100,000 or less and no Note Dollar Notes of $1,000 in original principal amount U.S.$200,000 or less will be purchased or redeemed in part). Notices of purchase or redemption will be given to each Holder pursuant to Sections 3.03 and 14.01. In relation to Definitive Registered Notes, a new Note in principal amount equal to the unpurchased or unredeemed portion of any Note purchased or redeemed in part will be issued in the name of the Holder thereof upon cancellation of the original Note. In the event of partial redemption or purchase, the particular Notes to be redeemed 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 or purchase.
(b) The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any a Global Note, a notation will be made on such Note selected for partial redemption or purchase, to decrease the principal amount thereof to be redeemed an amount equal to the unredeemed portion thereof. On or purchased. Notes and portions of Notes selected shall be after any purchase or redemption date, unless the Issuer defaults in whole increments of $1,000; no Notes of $1,000 or less shall be redeemed in part, except that if all payment of the purchase or redemption price, interest shall cease to accrue on Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not $1,000 portions thereof tendered for purchase or a multiple of $1,000 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 purchaseredemption.
Appears in 1 contract
Selection of Notes to Be Redeemed or Purchased. (a) If the Issuer is redeeming or purchasing less than all of the Notes are to be redeemed issued by it at any time, pursuant to Section 3.6 or Section 3.7 5.07 or purchased pursuant to in an Asset Sale Offer or a Change of Control Offer at any timeOffer, the Trustee shall select the Notes to be redeemed or purchased (a) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange, if any, exchange on which the Notes are listed or, if the Notes are not listed, then (b) on as nearly a pro rata basis as possible (to the extent practicable and subject to the applicable procedures of DTC) or (c) by lot or such rounding as other similar method in accordance with the Trustee may determine so that procedures of DTC. No Notes are redeemed in whole increments of $1,000 and no Note of $1,000 in original principal amount 2,000 or less will can be redeemed in part). In the event of partial redemption or purchaseredemption, the particular Notes to be redeemed 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 then outstanding Notes not previously called for redemption or purchase.
(b) . The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected shall be in whole increments amounts of $1,000; no Notes 2,000 or an integral multiple of $1,000 or less shall be redeemed in part, excess thereof; except that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not $1,000 or a multiple of $1,000 in excess thereof1,000, 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.
Appears in 1 contract
Sources: Indenture (Radioshack Corp)
Selection of Notes to Be Redeemed or Purchased. (a) If the Issuer is redeeming or purchasing less than all of the Notes are to be redeemed issued by it at any time, pursuant to Section 3.6 or Section 3.7 5.7 or purchased pursuant to in an Asset Sale Offer or a Change of Control Offer at any timepursuant to Section 3.10, the Trustee or the applicable registrar shall select the Notes to be redeemed or purchased (a) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange, if any, exchange on which the Notes are listed or, if the Notes are not listed, then (b) on as nearly a pro rata basis as possible (subject to the extent practicable) or (c) by lot or such rounding as other similar method in accordance with the Trustee procedures of DTC. No Notes of $2,000 or less may determine so that Notes are be redeemed in whole increments part, and the unredeemed portion of the Notes must be equal to $1,000 and no Note 2,000 in principal amount or integral multiples of $1,000 in original principal amount or less will be redeemed in part)excess thereof. In the event of partial redemption or purchaseredemption, the particular Notes to be redeemed 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 or the applicable registrar from the then outstanding Notes not previously called for redemption or purchase.
(b) . The Trustee or the applicable registrar shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected shall be in whole increments amounts of $1,000; no Notes 2,000 or an integral multiple of $1,000 or less shall be redeemed in partexcess thereof, except that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not $1,000 or a multiple of $1,000 in excess thereof1,000, 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.
Appears in 1 contract
Sources: Indenture (Crown Media Holdings Inc)
Selection of Notes to Be Redeemed or Purchased. (a) If less than all of the Notes are to be redeemed pursuant to Section 3.6 or Section 3.7 3.07 or purchased pursuant to a Change of Control in an Asset Disposition Offer at any time, the Trustee shall select the Notes 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, if any, exchange on which the Notes are listed orlisted, (2) if the Notes are not listedso listed but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable Depositary or (3) if the Notes are not so listed and are not in global form, then on as nearly a pro rata basis as possible (subject to basis, by lot or by such rounding other method as the Trustee may determine so that Notes are redeemed in whole increments of $1,000 its sole discretion shall deem fair and no Note of $1,000 in original principal amount or less will be redeemed in part)appropriate. In the event of partial redemption or purchasepurchase by lot, the particular Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, not less than 30 15 nor more than 60 days prior to the redemption date by the Trustee from the then outstanding Notes not previously called for redemption or purchase.
(b) The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected shall be in whole increments amounts of $1,000; no Notes 2,000 and integral multiples of $1,000 or less shall be redeemed in part, excess thereof; except that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not $1,000 2,000 or a multiple of $1,000 in excess thereof, shall be redeemed or purchased. No Notes of $2,000 or less shall be redeemed in part. 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.
Appears in 1 contract
Sources: Indenture (Iamgold Corp)
Selection of Notes to Be Redeemed or Purchased. (a) If less than all of the Notes are to be redeemed pursuant to Section 3.6 3.07 or Section 3.7 3.09 or purchased pursuant in an Offer to a Change of Control Offer Purchase at any time, the U.S. Trustee shall select the Notes 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, if any, exchange on which the Notes are listed orlisted, (2) if the Notes are not listedso listed but are in global form, then by lot or otherwise in accordance with the procedures of DTC or the applicable Depositary or (3) if the Notes are not so listed and are not in global form, then on as nearly a pro rata basis as possible (subject to basis, by lot or by such rounding other method as the U.S. Trustee may determine so that Notes are redeemed in whole increments of $1,000 its sole discretion shall deem fair and no Note of $1,000 in original principal amount or less will be redeemed in part)appropriate. In the event of partial redemption or purchasepurchase by lot, the particular Notes to be redeemed 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 U.S. Trustee from the then outstanding Notes not previously called for redemption or purchase.
(b) The U.S. Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected shall be in whole increments amounts of $US$1,000 or integral multiples of US$1,000; no Notes of $1,000 US$2,000 or less shall be redeemed in part, except that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not $1,000 US$2,000 or a multiple of $US$1,000 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, shall be issued in the name of the Holder of the Notes upon cancellation of the original Note (or appropriate book entries shall be made to reflect such partial redemption).
Appears in 1 contract
Sources: Indenture
Selection of Notes to Be Redeemed or Purchased. (a) If the Issuer is redeeming or purchasing less than all of the Notes are to be redeemed issued by it at any time, pursuant to Section 3.6 or Section 3.7 5.7 or purchased pursuant to in an Asset Sale Offer or a Change of Control Offer at any timepursuant to Section 3.10, the Trustee or the applicable registrar shall select the Notes to be redeemed or purchased (a) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange, if any, exchange on which the Notes are listed or, if the Notes are not listed, then (b) on as nearly a pro rata basis as possible (subject to the extent practicable) or (c) by lot or such rounding as other similar method in accordance with the Trustee may determine so that procedures of DTC. No Notes are redeemed in whole increments of $1,000 and no Note of $1,000 in original principal amount 2,000 or less will can be redeemed in part). In the event of partial redemption or purchaseredemption, the particular Notes to be redeemed 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 or the applicable registrar from the then outstanding Notes not previously called for redemption or purchase.
(b) . The Trustee or the applicable registrar shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected shall be in whole increments amounts of $1,000; no Notes 2,000 or an integral multiple of $1,000 or less shall be redeemed in partexcess thereof, except that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not $1,000 or a multiple of $1,000 in excess thereof1,000, 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.
Appears in 1 contract
Selection of Notes to Be Redeemed or Purchased. (a) If the Issuer is redeeming or purchasing less than all of the Notes are to be redeemed issued by it at any time, pursuant to Section 3.6 or Section 3.7 5.7 or purchased pursuant to in an Asset Sale Offer or a Change of Control Offer at any timepursuant to Section 3.10, the Trustee or the applicable registrar shall select the Notes to be redeemed or purchased (a) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange, if any, exchange on which the Notes are listed or, if the Notes are not listed, then (b) on as nearly a pro rata basis as possible (subject to the extent practicable) or (c) by lot or such rounding as other similar method in accordance with the Trustee may determine so that procedures of DTC. No Notes are of $2,000 or less can be redeemed in whole increments part, and the unredeemed portion of the Notes must be equal to $1,000 and no Note 2,000 in principal amount or integral multiples of $1,000 in original principal amount or less will be redeemed in part)excess thereof. In the event of partial redemption or purchaseredemption, the particular Notes to be redeemed 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 or the applicable registrar from the then outstanding Notes not previously called for redemption or purchase.
(b) . The Trustee or the applicable registrar shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected shall be in whole increments amounts of $1,000; no Notes 2,000 or an integral multiple of $1,000 or less shall be redeemed in partexcess thereof, except that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not $1,000 or a multiple of $1,000 in excess thereof1,000, 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.
Appears in 1 contract
Sources: Indenture (Cumulus Media Inc)
Selection of Notes to Be Redeemed or Purchased. (a) If less than all of the Notes are to be redeemed (other than pursuant to Section 3.6 or Section 3.7 3.09 hereof) or purchased pursuant in an offer to a Change of Control Offer purchase at any time, the Trustee shall select Notes for redemption or purchase as follows:
(a) if the Notes to be redeemed or purchased are listed on any internationally recognized securities exchange, in compliance with the requirements of the principal national internationally recognized securities exchange, if any, exchange on which the Notes are listed listed; or,
(b) if the Notes are not listedlisted on any internationally recognized securities exchange, then on as nearly a pro rata basis as possible (subject to such rounding as basis, by lot or, in the Trustee may determine so that case of Notes are redeemed issued in whole increments global form, in accordance with the applicable procedures of $1,000 and no Note of $1,000 in original principal amount or less will be redeemed in part)the Depositary. In the event of partial redemption or purchasepurchase by lot, the particular Notes to be redeemed 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 then outstanding Notes not previously called for redemption or purchase.
(b) . The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected shall be in whole increments amounts of $1,000US$200,000 or integral multiples of US$1,000 in excess of US$200,000; no Notes of $1,000 or less shall be redeemed in partprovided, except however, that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if less than $200,000 or not $1,000 or a multiple of $1,000 in excess thereofUS$1,000, 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.. 28
Appears in 1 contract
Sources: Indenture (Wynn Resorts LTD)
Selection of Notes to Be Redeemed or Purchased. (a) If less than all of the Notes are to be redeemed (other than pursuant to Section 3.6 or Section 3.7 3.09 hereof) or purchased pursuant in an offer to a Change of Control Offer purchase at any time, the Trustee shall select Notes for redemption or purchase as follows:
(a) if the Notes to be redeemed or purchased are listed on any internationally recognized securities exchange, in compliance with the requirements of the principal national internationally recognized securities exchange, if any, exchange on which the Notes are listed or, listed;
(b) if the Notes are not listedlisted on any internationally recognized securities exchange, then on as nearly a pro rata basis as possible basis, by lot or, in the case of Notes issued in global form, in accordance with the applicable procedures of the Depositary; or
(subject to such rounding as c) by any other method the Trustee may determine so that Notes are redeemed in whole increments of $1,000 deems fair and no Note of $1,000 in original principal amount or less will be redeemed in part)appropriate. In the event of partial redemption or purchasepurchase by lot, the particular Notes to be redeemed 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 then outstanding Notes not previously called for redemption or purchase.
(b) . The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected shall be in whole increments amounts of $1,000US$200,000 or integral multiples of US$1,000 in excess of US$200,000; no Notes of $1,000 or less shall be redeemed in partprovided, except however, that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if less than $200,000 or not $1,000 or a multiple of $1,000 in excess thereofUS$1,000, 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.
Appears in 1 contract
Selection of Notes to Be Redeemed or Purchased. (a) If less than all of the Notes are to be redeemed pursuant to Section 3.6 or Section 3.7 or purchased pursuant in an offer to a Change of Control Offer purchase at any time, the Trustee shall select the Notes to be redeemed or purchased in compliance with the requirements of the principal national securities exchange, if any, on which the Notes are listed or, if the Notes are not listed, then on as nearly a pro rata basis as possible (subject or, to the extent that selection on a pro rata basis is not practicable, by lot or by such rounding as other method the Trustee may determine so shall deem fair and appropriate; provided that Notes are redeemed in whole increments of $1,000 and no Note of $1,000 in original principal amount or less represented by Global Notes will be redeemed selected for redemption in part)accordance with the procedures of DTC. In the event of partial redemption or purchasepurchase by lot, the particular Notes to be redeemed 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 or purchase.
(b) ; 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 Trustee shall promptly notify the Issuer Issuers in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected shall be in whole increments amounts of $1,0002,000 or whole multiples of $1,000 in excess thereof; no Notes of $1,000 2,000 or less shall be redeemed or purchased in part, except that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not $1,000 2,000 or a multiple of $1,000 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.
Appears in 1 contract
Sources: Indenture (Realogy Group LLC)
Selection of Notes to Be Redeemed or Purchased. (a) If less than all of the Notes are to be redeemed pursuant to Section 3.6 or Section 3.7 or purchased pursuant in an offer to a Change of Control Offer purchase at any time, the Trustee Notes (subject to Section 4.10 or 4.14, as applicable) shall select the Notes to be redeemed selected for redemption or purchased in compliance with the requirements of the principal national securities exchange, if any, on which purchase by lot. If the Notes are listed orrepresented by Global Notes, if the interests in such Global Notes are not listed, then on as nearly a pro rata basis as possible (subject to such rounding as the Trustee may determine so that Notes are redeemed in whole increments of $1,000 and no Note of $1,000 in original principal amount or less will be redeemed selected for redemption or purchase by DTC in part)accordance with its applicable procedures. In the event of partial redemption or purchase, the particular Notes to be redeemed or purchased shall 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 then outstanding Notes not previously called for redemption or purchase.
(b) . The Trustee shall will promptly notify the Issuer Company in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected shall will be in whole increments amounts of $1,000; no Notes 2,000 or whole multiples of $1,000 or less shall be redeemed in part, excess thereof; except that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not $1,000 or a multiple of $1,000 in excess thereof, Holder shall be redeemed or purchased; provided, that the unredeemed or unpurchased portion of a Note must be in a minimum denomination of $2,000. 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.
Appears in 1 contract
Selection of Notes to Be Redeemed or Purchased. (a) If less than all of the Notes are to be redeemed pursuant to Section 3.6 or Section 3.7 or purchased pursuant in an offer to a Change of Control Offer purchase at any time, the Trustee shall will select the Notes to be redeemed for redemption or purchased in compliance with the requirements of the principal national securities exchange, if any, purchase on which the Notes are listed or, if the Notes are not listed, then on as nearly a pro rata basis as possible (subject to such rounding as Applicable Procedures and the Trustee may determine so that Notes are redeemed Trustee’s customary practices in whole increments of $1,000 effect from time to time (which shall be binding on the Company and no Note of $1,000 in original principal amount all Holders) unless otherwise required by law or less will be redeemed in part)applicable stock exchange require- ments or the Applicable Procedures. In the event of partial redemption or purchase, the particular Notes to be redeemed or purchased shall 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 then outstanding Notes not previously called for redemption or purchase.
(b) . The Trustee shall will promptly notify the Issuer Company in writing of the Notes selected for partial redemption or purchase and, in the case of any Note selected for partial redemption or purchase, and the principal amount thereof to be redeemed or purchased. Notes and portions por- tions of Notes selected shall will be in whole increments principal amounts of $1,000US$2,000 or integral multiples of US$1,000 in excess of US$2,000; no Notes of $1,000 or less shall be redeemed in part, except that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding principal amount of Notes held by such Holder, even if not $1,000 or a multiple of $1,000 in excess thereofUS$2,000, shall will be redeemed or purchasedpurchased and no Notes in principal amounts of US$2,000 or less can be redeemed in part. 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.
Appears in 1 contract
Sources: Indenture
Selection of Notes to Be Redeemed or Purchased. (a) If the Issuer is redeeming or purchasing less than all of the Notes are to be redeemed issued by it at any time, pursuant to Section 3.6 or Section 3.7 5.7 or purchased pursuant to in an Asset Sale Offer or a Change of Control Offer at any timepursuant to Section 3.10, the Trustee or the applicable Registrar shall select the Notes to be redeemed or purchased (a) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange, if any, exchange on which the Notes are listed or, if the Notes are not listed, then (b) on as nearly a pro rata basis as possible (subject to the extent practicable) or (c) by lot or such rounding as other similar method in accordance with the Trustee may determine so that procedures of DTC. No Notes are redeemed in whole increments of $1,000 and no Note of $1,000 in original principal amount 2,000 or less will can be redeemed in part). In the event of partial redemption or purchaseredemption, the particular Notes to be redeemed 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 then outstanding Notes not previously called for redemption or purchase.
(b) . The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption or purchase and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemed or purchased. Notes and portions of Notes selected shall be in whole increments amounts of $1,000; no Notes 2,000 or an integral multiple of $1,000 or less shall be redeemed in part, excess thereof; except that if all of the Notes of a Holder are to be redeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not $1,000 or a multiple of $1,000 in excess thereof1,000, 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.
Appears in 1 contract
Sources: Indenture (Armored AutoGroup Inc.)