Notice of Redemption; Selection of Debt Securities Sample Clauses

Notice of Redemption; Selection of Debt Securities. In case the Company shall desire to exercise the right to redeem all or, as the case may be, any part of the Debt Securities of any series in accordance with their terms, by resolution of the Board of Trustees or a supplemental Indenture, the Company shall fix a date for redemption and shall give notice of such redemption at least 30 and not more than 60 days prior to the date fixed for redemption to the Holders of Debt Securities of such series so to be redeemed as a whole or in part, in the manner provided in Section 13.03. The notice if given in the manner herein provided shall be conclusively presumed to have been duly given, whether or not the Holder receives such notice. In any case, failure to give such notice or any defect in the notice to the Holder of any Debt Security of a series designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Debt Security of such series. Each such notice of redemption shall specify (i) the date fixed for redemption, (ii) the redemption price at which Debt Securities of such series are to be redeemed (or the method of calculating such redemption price), (iii) the Place or Places of Payment that payment will be made upon presentation and surrender of such Debt Securities, (iv) that any interest accrued to the date fixed for redemption will be paid as specified in said notice, (v) that the redemption is for a sinking fund payment (if applicable), (vi) that, unless otherwise specified in such notice, if the Company defaults in making such redemption payment, the paying agent is prohibited from making such payment pursuant to the terms of this Indenture, (vii) that on and after said date any interest thereon or on the portions thereof to be redeemed will cease to accrue, (viii) that in the case of Original Issue Discount Securities original issue discount accrued after the date fixed for redemption will cease to accrue, (ix) the terms of the Debt Securities of that series pursuant to which the Debt Securities of that series are being redeemed and (x) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or printed on the Debt Securities of that series. If less than all the Debt Securities of a series are to be redeemed the notice of redemption shall specify the certificate numbers of any Debt Securities of that series to be redeemed that are not in global form. In case any Debt Security of a...
AutoNDA by SimpleDocs
Notice of Redemption; Selection of Debt Securities. In case the Company shall desire to exercise the right to redeem all or, as the case may be, any part of the Debt Securities of any series in accordance with their terms, a resolution of the Board of Directors of the Company or a supplemental Indenture, the Company shall fix a date for redemption and shall give notice of such redemption at least 30 and not more than 60 days prior to the date fixed for redemption to the Holders of Debt Securities of such series so to be redeemed as a whole or in part, in the manner provided in Section 13.03. The notice if given in the manner herein provided shall be conclusively presumed to have been duly given, whether or not the Holder receives such notice. In any case, failure to give such notice or any defect in the notice to the Holder of any Debt Security of a series designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Debt Security of such series. Each such notice of redemption shall specify
Notice of Redemption; Selection of Debt Securities. In case the Company shall desire to exercise the right to redeem all or, as the case may be, any part of the Debt Securities of any series in accordance with their terms, a resolution of the Board of Directors of the Company or a supplemental Indenture, the Company shall fix a date for redemption and shall give notice of such redemption at least 15 and not more than 60 days prior to the date fixed for redemption to the Holders of Debt Securities of such series so to be redeemed as a whole or in part, in the manner provided in Section 12.03 and to the Trustee. Upon the Company’s request, at least 15 days prior to the date notice of redemption is to be delivered (unless a shorter notice shall be satisfactory to the Trustee) together with the notice to be given, notice of redemption shall be given by the Trustee in the name and at the expense of the Company. The notice if given in the manner herein provided shall be conclusively presumed to have been duly given, whether or not the Holder receives such notice. In any case, failure to give such notice or any defect in the notice to the Holder of any Debt Security of a series designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Debt Security of such series. If the redemption price is not known at the time such notice is to be given, the actual redemption price, calculated as described in the terms of the Debt Securities, will be set forth in an Officers’ Certificate delivered to the Trustee no later than two Business Days prior to the date fixed for redemption and the calculation of any such redemption price shall not be an obligation of the Trustee. Any notice to the Trustee pursuant to this Section 3.02 may be canceled at any time prior to the mailing or sending of the notice of redemption to any Holder of the Debt Securities of such series and shall thereupon be void and of no effect. A redemption or notice thereof may be subject to one or more conditions precedent, including, but not limited to, completion of a corporate transaction that is pending (such as an equity or equity-linked offering, an incurrence of indebtedness or an acquisition or other strategic transaction involving a change of control in us or another entity). Each such notice of redemption shall identify the Debt Securities, specify the date fixed for redemption, the redemption price at which Debt Securities of such series are to be redeemed, the Place or Places of P...
Notice of Redemption; Selection of Debt Securities. In case the Company shall desire to exercise the right to redeem all, or, as the case may be, any part of the Debt Securities of any series in accordance with their terms, it shall fix a date for redemption and shall mail a notice of such redemption at least 30 and not more than 60 days prior to the date fixed for redemption to the Holders of Debt Securities of such series to be so redeemed as a whole or in part at their last addresses as the same appear on the Security Register. Such mailing shall be by first class mail. The notice if mailed in the manner herein provided shall be conclusively presumed to have been duly given, whether or not the Holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice to the Holder of any Debt Security of any series designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Debt Security of such series. Each such notice of redemption shall specify the CUSIP number of the Debt Securities of such series to be redeemed, the date fixed for redemption, the redemption price at which the Debt Securities of such series are to be redeemed (or the method by
Notice of Redemption; Selection of Debt Securities. 31 Section 3.04. Payment of Debt Securities Called for Redemption...........33 Section 3.05.
Notice of Redemption; Selection of Debt Securities. 20 SECTION 4.03. Payment of Debt Securities Called for Redemption 20 SECTION 4.04. Optional Redemption For Tax Reasons 21 ARTICLE FIVE PARTICULAR COVENANTS OF THE COMPANY AND CXXXXX PARENT SECTION 5.01. Payment of Principal, Premium and Interest 22 SECTION 5.02. Office for Notices and Payments, Etc 22 SECTION 5.03. Appointments to Fill Vacancies in Trustee’s Office 22 SECTION 5.04. Provision as to Paying Agent 22 SECTION 5.05. Secured Indebtedness of Cxxxxx Parent and Restricted Subsidiaries 23 SECTION 5.06. Sale and Leaseback Transactions 25 SECTION 5.07. Waiver of Covenants 26 Page SECTION 5.08. Certificate to Trustee 26 SECTION 5.09. Payment of Additional Amounts 26 ARTICLE SIX DEBT SECURITYHOLDERS’ LISTS AND REPORTS BY THE COMPANY AND THE TRUSTEE SECTION 6.01. Debt Securityholders’ Lists 28 SECTION 6.02. Preservation and Disclosure of Lists 28 SECTION 6.03. Reports by the Company or Cxxxxx Parent 28 SECTION 6.04. Reports by the Trustee 29 ARTICLE SEVEN REMEDIES OF THE TRUSTEE AND DEBT SECURITYHOLDERS ON EVENT OF DEFAULT SECTION 7.01. Events of Default 29 SECTION 7.02. Payment of Applicable Debt Securities on Default; Suit Therefor 32 SECTION 7.03. Application of Money Collected by Trustee 34 SECTION 7.04. Proceedings by Debt Securityholders 34 SECTION 7.05. Proceeding by Trustee 35 SECTION 7.06. Remedies Cumulative and Continuing 35 SECTION 7.07. Direction of Proceedings and Waiver of Defaults by Majority of Debt Securityholders 36 SECTION 7.08. Notice of Defaults 36 SECTION 7.09. Undertaking to Pay Costs 37 SECTION 7.10. Waiver of Stay or Extension Laws 37 ARTICLE EIGHT CONCERNING THE TRUSTEE SECTION 8.01. Duties and Responsibilities of Trustee 37 SECTION 8.02. Reliance on Documents, Opinions, Etc 38 SECTION 8.03. Responsibility for Recitals, Etc 39 SECTION 8.04. Trustee, Paying Agent or Debt Security Registrar May Own Debt Securities 39 SECTION 8.05. Money to Be Held in Trust 40 SECTION 8.06. Compensation and Expenses of Trustee 40 SECTION 8.07. Officers’ Certificate as Evidence 40 SECTION 8.08. Conflicting Interest of Trustee 40 SECTION 8.09. Eligibility of Trustee 41 SECTION 8.10. Resignation or Removal of Trustee 41 SECTION 8.11. Acceptance by Successor Trustee 42 SECTION 8.12. Succession by Merger, Etc 43 SECTION 8.13. Limitation on Rights of Trustee as a Creditor 44 ARTICLE NINE CONCERNING THE DEBT SECURITYHOLDERS
Notice of Redemption; Selection of Debt Securities. 31 Section 3.03. Payment of Debt Securities Called for Redemption 33 Section 3.04. Mandatory and Optional Sinking Funds 34 Section 3.05. Redemption of Debt Securities for Sinking Fund 34
AutoNDA by SimpleDocs
Notice of Redemption; Selection of Debt Securities. In case the Partnership shall desire to exercise the right to redeem all or, as the case may be, any part of the Debt Securities of any series in accordance with their terms, by resolution of the Board of Directors or a supplemental Indenture, the Partnership shall fix a date for redemption and shall give notice of such redemption at least 30 and not more than 60 days prior to the date fixed for redemption to the Holders of Debt Securities of such series so to be redeemed as a whole or in part, in the manner provided in Section 13.03. The notice if given in the manner herein provided shall be conclusively presumed to have been duly given, whether or not the Holder receives such
Notice of Redemption; Selection of Debt Securities. In case the Company shall desire to exercise the right to redeem all or, as the case may be, any part of the Debt Securities of any series in accordance with their terms, a resolution of the Board of Directors of the Company or a supplemental Indenture, the Company shall fix a date for redemption and shall give notice of such redemption at least 30 and not more than 60 days prior to the date fixed for redemption to the
Notice of Redemption; Selection of Debt Securities. In case the Issuer shall desire to exercise the right to redeem all or, as the case may be, any part of the Debt Securities of any series in accordance with
Time is Money Join Law Insider Premium to draft better contracts faster.