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 series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least five days before the giving of any notice of redemption, unless the Trustee consents to a shorter period, the Company shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the Company to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the Company and given in writing to the Trustee, which record date shall be not less than three days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the Company shall deposit with the Trustee or with a paying agent (or, if the Company is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the Company in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the Company. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 7 contracts

Samples: Indenture (RAIT Financial Trust), Indenture (RAIT Financial Trust), Indenture (RAIT Financial Trust)

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 a resolution of the Board of ~~Trustees~~ 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 ~~(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)~~redeemed, ~~(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 on making such redemption ~~payment,~~ payment or if the Debt Securities of that series are subordinated pursuant to the terms of Article XII 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~~ CUSIP numbers of ~~any~~ the Debt Securities of that series to be ~~redeemed that are not in global form~~redeemed. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series will be issued in principal amount equal to the unredeemed portion thereof~~, will be issued~~. At least ~~five~~ 60 days before the ~~giving of any notice of redemption,~~ redemption date unless the Trustee consents to a shorter period, the Company shall give ~~written~~ notice to the Trustee of the ~~Redemption Date~~redemption date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ ' Certificate and an Opinion of Counsel from the Company to the effect that such redemption will comply with the conditions herein~~, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02~~. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the Company and given ~~in writing~~ to the Trustee, which record date shall be not less than ~~three~~ 15 days after the date of notice to the Trustee. ~~By 11 a.m., New York City time, on~~ On or prior to the ~~Redemption Date~~ redemption date for any ~~Debt~~ Registered Securities, the Company shall deposit with the Trustee or with a paying agent (or, if the Company is acting as its own paying agent, segregate and hold in trust) an amount of money in ~~Dollars~~ the Currency in which such Debt Securities are denominated (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such ~~Debt~~ Registered Securities or any portions thereof that are to be redeemed on that date~~, together with any interest accrued to the Redemption Date~~. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), ) the Trustee shall select, ~~on a pro rata basis, by lot or by~~ in such ~~other method~~ manner as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one ~~Debt~~ Registered Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one ~~Debt~~ Registered Security of such series. The Trustee shall promptly notify the Company in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such ~~Redemption Date~~redemption date, the principal, premium, if any, and interest shall bear interest until paid from the ~~Redemption Date~~ redemption date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the Company. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 6 contracts

Samples: Indenture (Swift Energy Co), Indenture (Denbury Resources Inc), Indenture (Swift Energy Co)

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ Issuers 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~~ Directors of each Issuer or a supplemental ~~Indenture~~indenture, the ~~Company~~ Issuers 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~~ Issuers default in making such redemption ~~payment~~payment or if such payment is prohibited by the terms of Article XII, 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~~ any CUSIP or ISIN 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 series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least five days before the giving of any notice of redemption, unless the Trustee consents to a shorter period, the ~~Company~~ Issuers shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the ~~Company~~ Issuers to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the ~~Company~~ Issuers and given in writing to the Trustee, which record date shall be not less than three days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the ~~Company~~ Issuers shall deposit with the Trustee or with a paying agent (or, if ~~the Company~~ an Issuer is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the ~~Company~~ Issuers in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the ~~Company~~Issuers. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 6 contracts

Samples: Indenture (EXLP Finance Corp.), Indenture (EXLP Leasing LLC), Stonemor Florida Subsidiary LLC

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ Issuers 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~~ a Board Resolution of ~~the Board of Trustees~~ each Issuer or a supplemental Indenture, the ~~Company~~ Issuers shall fix a date for redemption and shall instruct the Trustee or registrar to 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~~ Issuers default in making such redemption ~~payment~~payment or if the Debt Securities of that series are subordinated pursuant to the terms of Article XII, 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~~ or 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~~ the Debt Securities of that series to be ~~redeemed that are not in global form~~redeemed. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least ~~five~~ 45 days but not more than 60 days before the ~~giving of any notice of redemption,~~ Redemption Date unless the Trustee consents to a shorter period, the ~~Company~~ Issuers shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel ~~from the Company~~ to the effect that such redemption will comply with the conditions herein~~, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02~~. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the ~~Company~~ Issuers and given in writing to the Trustee, which record date shall be not less than ~~three~~ 15 days after the date of notice to the Trustee. By 11 11:00 a.m., New York City time, on the Redemption Date for any Debt Securities, the ~~Company~~ Issuers shall deposit with the Trustee or with a paying agent (or, if either of the ~~Company~~ Issuers or any Subsidiary of Xxxxx Energy Partners is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) or such other authorized denomination to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the ~~Company~~ Issuers in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the ~~Company~~Issuers. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 4 contracts

Samples: Holly Energy Finance Corp., SLC Pipeline LLC, HEP Navajo Southern, L.P.

Notice of Redemption; Selection of Debt Securities. In case the Company shall desire to exercise the right to redeem ~~all~~ 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~~ it shall fix a date for redemption and shall ~~give~~ 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~~ holders of Debt Securities of such series so to be redeemed as a whole or in ~~part, in~~ part at their last addresses as the ~~manner provided in Section 13.03~~same appear on the Security Register. Such mailing shall be by first class mail. The notice if ~~given~~ mailed in the manner herein provided shall be conclusively presumed to have been duly given, whether or not the ~~Holder~~ holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice to the ~~Holder~~ 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 identify the Debt Securities to be redeemed (including CUSIP numbers), specify ~~(i)~~ the date fixed for redemption, ~~(ii)~~ the redemption price at which Debt Securities of such series are to be ~~redeemed (~~redeemed, the place or ~~the method~~ places of ~~calculating such redemption price)~~payment, ~~(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) and 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 such series are to be redeemed the notice of redemption shall specify the ~~certificate~~ numbers of ~~any~~ the Debt Securities of that series to be ~~redeemed that are not in global form~~redeemed. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion ~~thereof,~~ thereof and having endorsed thereon a duly executed Guarantee will be issued. At least five days before the giving of any notice of redemption, unless the Trustee consents to a shorter period, the Company shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the Company to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the Company and given in writing to the Trustee, which record date shall be not less than three days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the Company shall deposit with the Trustee or with a paying agent (or, if the Company is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the Company in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the Company. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 4 contracts

Samples: Indenture (Countrywide Home Loans Inc), Indenture (Countrywide Financial Corp), Countrywide Home Loans Inc

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ Issuers 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~~ a Board Resolution of ~~the Board of Trustees~~ each Issuer or a supplemental Indenture, the ~~Company~~ Issuers shall fix a date for redemption and shall instruct the Trustee or registrar to 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~~ Issuers default 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~~ or 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~~ the Debt Securities of that series to be ~~redeemed that are not in global form~~redeemed. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least ~~five~~ 45 days but not more than 60 days before the ~~giving of any notice of redemption,~~ Redemption Date unless the Trustee consents to a shorter period, the ~~Company~~ Issuers shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel ~~from the Company~~ to the effect that such redemption will comply with the conditions herein~~, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02~~. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the ~~Company~~ Issuers and given in writing to the Trustee, which record date shall be not less than ~~three~~ 15 days after the date of notice to the Trustee. By 11 11:00 a.m., New York City time, on the Redemption Date for any Debt Securities, the ~~Company~~ Issuers shall deposit with the Trustee or with a paying agent (or, if either of the ~~Company~~ Issuers or any Subsidiary of Xxxxx Energy Partners is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) or such other authorized denomination to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the ~~Company~~ Issuers in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the ~~Company~~Issuers. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 4 contracts

Samples: Indenture (Holly Energy Finance Corp.), SLC Pipeline LLC, HEP Navajo Southern, L.P.

Notice of Redemption; Selection of Debt Securities. In case the Company shall desire to exercise the right to redeem ~~all~~ 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~~ it shall fix a date for redemption and shall ~~give~~ 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~~ holders of Debt Securities of such series so to be redeemed as a whole or in ~~part, in~~ part at their last addresses as the ~~manner provided in Section 13.03~~same appear on the Debt Security Register. Such mailing shall be by first class mail. The notice if ~~given~~ mailed in the manner herein provided shall be conclusively presumed to have been duly given, whether or not the ~~Holder~~ holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice to the ~~Holder~~ 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 CUSIP number of the Debt Securities to be redeemed, the date fixed for redemption, ~~(ii)~~ the redemption price at which Debt Securities of such series are to be ~~redeemed (~~redeemed, the place or ~~the method~~ places of ~~calculating such redemption price)~~payment, ~~(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) and 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 such series are to be redeemed the notice of redemption shall specify the ~~certificate~~ numbers of ~~any~~ the Debt Securities of that series to be ~~redeemed that are not in global form~~redeemed. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion ~~thereof,~~ thereof will be issued. ~~At least five days before~~ On or prior to the ~~giving of any~~ redemption date specified in the notice of ~~redemption, unless the Trustee consents to a shorter period~~redemption given as provided in this Section, the Company ~~shall give written notice to~~ will deposit with the Trustee ~~of the Redemption Date, the principal~~ or with one or more paying agents an amount of ~~Debt Securities~~ money sufficient to ~~be redeemed and~~ redeem on the ~~series and terms of~~ redemption date all the Debt Securities ~~pursuant to which such~~ so called for redemption ~~will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from~~ at the ~~Company~~ appropriate redemption price, together with accrued interest to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02date fixed for redemption. If ~~fewer~~ all, or less than ~~all~~ all, the Debt Securities of a series are to be redeemed, the ~~record date relating to such redemption shall be selected by~~ Company will give the ~~Company and given in writing to the Trustee, which record date shall be~~ Trustee notice not less than ~~three days after the date of notice~~ 45 nor more than 60 days, respectively, prior to the ~~Trustee. By 11 a.m., New York City time, on~~ redemption date as to the ~~Redemption Date for any Debt Securities, the Company shall deposit with the Trustee or with a paying agent (or, if the Company is acting as its own paying agent, segregate and hold in trust) an~~ aggregate principal amount of ~~money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such~~ Debt Securities ~~or any portions thereof~~ of that ~~are~~ series to be redeemed ~~on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor~~ and ~~terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions),~~ the Trustee shall select, ~~on a pro rata basis, by lot or by~~ in such ~~other method~~ manner as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in integral multiples of $1,000, except as otherwise set forth in the applicable form of Debt Security) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the Company in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the Company. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 4 contracts

Samples: Indenture (Mercantile Capital Trust I), Indenture (Pxre Corp), Indenture (National Commerce Capital Trust I)

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ Issuers 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~~ Directors of each Issuer or a supplemental Indenture, the ~~Company~~ Issuers 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~~ Issuers default in making such redemption ~~payment~~payment or if the Debt Securities of that series are subordinated pursuant to the terms of Article XII, 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 series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least five days before the giving of any notice of redemption, unless the Trustee consents to a shorter period, the ~~Company~~ Issuers shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the ~~Company~~ Issuers to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the ~~Company~~ Issuers and given in writing to the Trustee, which record date shall be not less than three days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the ~~Company~~ Issuers shall deposit with the Trustee or with a paying agent (or, if ~~the Company~~ an Issuer is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the ~~Company~~ Issuers in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the ~~Company~~Issuers. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 4 contracts

Samples: Indenture (CNX Coal Finance Corp.), Indenture (Global Operating LLC), Indenture (Puritan Oil Company, Inc.)

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ Issuers 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~~ Directors of each Issuer or a supplemental Indenture, the ~~Company~~ Issuers 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~~ Issuers default in making such redemption ~~payment,~~ 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 series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least five days before the giving of any notice of redemption, unless the Trustee consents to a shorter period, the ~~Company~~ Issuers shall give written notice to the Trustee of the Redemption Date, the aggregate principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the ~~Company~~ Issuers to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the ~~Company~~ Issuers and given in writing to the Trustee, which record date shall be not less than three days after the date of notice to the Trustee. By 11 11:00 a.m., New York City time, on the Redemption Date for any Debt Securities, the ~~Company~~ Issuers shall deposit with the Trustee or with a paying agent (or, if ~~the Company~~ an Issuer is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the ~~Company~~ Issuers in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the ~~Company~~Issuers. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 3 contracts

Samples: Indenture (USA Compression Finance Corp.), Indenture (USAC Leasing 2, LLC), Indenture (Eagle Rock Mid-Continent Holding, LLC)

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ 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 their terms, by a resolution of the Board of ~~Trustees~~ Directors of the Issuer or a supplemental Indenture, the ~~Company~~ Issuer shall fix a date for redemption and shall give notice of such redemption at least 30 10 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~~12.03 and to the Trustee. Upon the Issuer’s request, at least 10 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 Issuer. 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 Officer’s 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 the Issuer or another entity). Each such notice of redemption shall identify the Debt Securities, 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)~~redeemed, ~~(iii)~~ the Place or Places of Payment that payment will be made upon presentation and surrender of such Debt ~~Securities~~Securities and the paying agent, ~~(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 unless the Issuer defaults any interest thereon or on the portions thereof to be redeemed will cease to accrue, ~~(viii)~~ that in the case of Original Issue Discount Debt 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~~ redeemed, whether the redemption is subject to one or more conditions precedent and ~~(x)~~ describe each such condition, and state that such notice may be rescinded in the event that any or all such conditions shall not have been satisfied or otherwise waived on or prior to the Business Day immediately preceding the relevant redemption date, the CUSIP number and 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 series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion ~~thereof,~~ thereof will be ~~issued~~issued or transferred by book entry. At least five ~~days~~ Business Days before ~~the giving of any~~ notice of ~~redemption~~redemption is to be given, unless the Trustee consents to a shorter period, the ~~Company~~ Issuer shall give ~~written~~ notice to the Trustee of the ~~Redemption Date~~redemption date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an ~~Officers’~~ Officer’s Certificate and an Opinion of Counsel from the ~~Company~~ Issuer to the effect that such redemption will comply with the conditions herein~~, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02~~. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the ~~Company~~ Issuer and given ~~in writing~~ to the Trustee, which record date shall be not less than ~~three~~ 10 days after the date of notice to the Trustee. ~~By 11 a.m., New York City time,~~ On or prior to noon Eastern Time on the ~~Redemption Date~~ redemption date for any ~~Debt~~ Registered Securities, the ~~Company~~ Issuer or any Guarantor shall deposit with the Trustee or with a paying agent (or, if the ~~Company~~ Issuer is acting as its own paying agent, or any Guarantor is acting as the paying agent, segregate and hold in trust) an amount of money in ~~Dollars~~ the Currency in which such Debt Securities are denominated (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such ~~Debt~~ Registered Securities or any portions thereof that are to be redeemed on that date~~, together with any interest accrued to the Redemption Date~~. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), and the Debt Securities are Global Securities, they will be selected for redemption in accordance with Applicable Procedures. If the Debt Securities are not Global Securities, the Trustee shall select, ~~on a pro rata basis, by lot or by~~ in such ~~other method~~ manner as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one ~~Debt~~ Registered Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one ~~Debt~~ Registered Security of such series. The Trustee shall promptly notify the ~~Company~~ Issuer in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such ~~Redemption Date~~redemption date, the principal, premium, if any, and interest shall bear interest until paid from the ~~Redemption Date~~ redemption date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the ~~Company~~Issuer. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 3 contracts

Samples: Indenture (Jacobs Solutions Inc.), Indenture (Jacobs Engineering Group Inc /De/), Indenture (Jacobs Engineering Group Inc /De/)

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~~payment or if the Debt Securities of that series are subordinated pursuant to the terms of ARTICLE XII, 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 series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least five days before the giving of any notice of redemption, unless the Trustee consents to a shorter period, the Company shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the Company to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the Company and given in writing to the Trustee, which record date shall be not less than three days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the Company shall deposit with the Trustee or with a paying agent (or, if the Company is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the Company in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the Company. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 3 contracts

Samples: Indenture (Glimcher Realty Trust), Indenture (Glimcher Realty Trust), Indenture (Glimcher Realty Trust)

Notice of Redemption; Selection of Debt Securities. In case the Company shall desire to exercise the right to redeem ~~all~~ 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~~ it shall fix a date for redemption and shall ~~give~~ 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~~ holders of Debt Securities of such series so to be redeemed as a whole or in ~~part, in~~ part at their last addresses as the ~~manner provided in Section 13.03~~same appear on the Security Register. Such mailing shall be by first class mail. The notice if ~~given~~ mailed in the manner herein provided shall be conclusively presumed to have been duly given, whether or not the ~~Holder~~ holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice to the ~~Holder~~ 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 CUSIP number of the Debt Securities to be redeemed, the date fixed for redemption, ~~(ii)~~ the redemption price at which Debt Securities of such series are to be ~~redeemed (~~redeemed, the place or ~~the method~~ places of ~~calculating such redemption price)~~payment, ~~(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) and 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 such series are to be redeemed the notice of redemption shall specify the ~~certificate~~ numbers of ~~any~~ the Debt Securities of that series to be ~~redeemed that are not in global form~~redeemed. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion ~~thereof,~~ thereof and having endorsed thereon a duly executed Guarantee will be issued. ~~At least five days before~~ Prior to the ~~giving of any~~ redemption date specified in the notice of ~~redemption, unless the Trustee consents to a shorter period~~redemption given as provided in this Section, the Company ~~shall give written notice to~~ will deposit with the Trustee ~~of the Redemption Date, the principal~~ or with one or more paying agents an amount of ~~Debt Securities~~ money sufficient to ~~be redeemed and~~ redeem on the ~~series and terms of~~ redemption date all the Debt Securities ~~pursuant to which such~~ so called for redemption ~~will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from~~ at the ~~Company~~ appropriate redemption price, together with accrued interest to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02date fixed for redemption. If ~~fewer~~ all, or less than ~~all~~ all, the Debt Securities of a series are to be redeemed, the ~~record date relating to such redemption shall be selected by~~ Company will give the ~~Company and given in writing to the Trustee, which record date shall be~~ Trustee notice not less than ~~three days after the date of notice~~ 45 or 60 days, respectively, prior to the ~~Trustee. By 11 a.m., New York City time, on~~ redemption date as to the ~~Redemption Date for any Debt Securities, the Company shall deposit with the Trustee or with a paying agent (or, if the Company is acting as its own paying agent, segregate and hold in trust) an~~ aggregate principal amount of ~~money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such~~ Debt Securities ~~or any portions thereof~~ of that ~~are~~ series to be redeemed ~~on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor~~ and ~~terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions),~~ the Trustee shall select, ~~on a pro rata basis, by lot or by~~ in such ~~other method~~ manner as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in integral multiples of $1,000, except as otherwise set forth in the applicable form of Debt Security) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the Company in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the Company. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 3 contracts

Samples: Indenture (Countrywide Financial Corp), Indenture (Countrywide Capital Ii), Indenture (Countrywide Capital Ii)

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ 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 ~~Trustees~~ Directors or a supplemental Indenture, the ~~Company~~ 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. 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, that, if the ~~Company~~ Partnership 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~~ CUSIP numbers of ~~any~~ the Debt Securities of that series to be ~~redeemed that are not in global form~~redeemed. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least ~~five~~ 45 days but not more than 60 days before the ~~giving of any notice of redemption,~~ redemption date unless the Trustee consents to a shorter period, the ~~Company~~ Partnership shall give written notice to the Trustee of the ~~Redemption Date~~redemption date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ ' Certificate and an Opinion of Counsel from the ~~Company~~ Partnership to the effect that such redemption will comply with the conditions herein~~, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02~~. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the ~~Company~~ Partnership and given in writing to the Trustee, which record date shall be not less than ~~three~~ 15 days after the date of notice to the Trustee. By 11 a.m., New York City time, on the ~~Redemption Date~~ redemption date for any Debt Securities, the ~~Company~~ Partnership shall deposit with the Trustee or with a paying agent (or, if the ~~Company~~ Partnership is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date~~, together with any interest accrued to the Redemption Date~~. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), ) the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the ~~Company~~ Partnership in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such ~~Redemption Date~~redemption date, the principal, premium, if any, and interest shall bear interest until paid from the ~~Redemption Date~~ redemption date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the ~~Company~~Partnership. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 3 contracts

Samples: Indenture (Williams Energy Partners L P), Indenture (Te Products Pipeline Co Lp), Jonah Gas Gathering Co

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ Issuers 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~~ Directors of each Issuer or a supplemental Indenture, the ~~Company~~ Issuers 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~~ Issuers default in making such redemption ~~payment,~~ 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 series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least five days before the giving of any notice of redemption, unless the Trustee consents to a shorter period, the ~~Company~~ Issuers shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the ~~Company~~ Issuers to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the ~~Company~~ Issuers and given in writing to the Trustee, which record date shall be not less than three days after the date of notice to the Trustee. By 11 11:00 a.m., New York City time, on the Redemption Date for any Debt Securities, the ~~Company~~ Issuers shall deposit with the Trustee or with a paying agent (or, if ~~the Company~~ an Issuer is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the ~~Company~~ Issuers in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the ~~Company~~Issuers. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 3 contracts

Samples: Indenture (Vanguard Natural Resources, LLC), Vanguard Natural Resources, LLC, Trust Energy Company, LLC

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ 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 ~~Trustees~~ Directors or a supplemental Indenture, the ~~Company~~ 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. 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, that, if the ~~Company~~ Partnership defaults in making such redemption ~~payment~~payment or if the Debt Securities of that series are subordinated pursuant to the terms of Article XII, 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~~ CUSIP numbers of ~~any~~ the Debt Securities of that series to be ~~redeemed that are not in global form~~redeemed. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least ~~five~~ 45 days but not more than 60 days before the ~~giving of any notice of redemption,~~ redemption date unless the Trustee consents to a shorter period, the ~~Company~~ Partnership shall give written notice to the Trustee of the ~~Redemption Date~~redemption date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ ' Certificate and an Opinion of Counsel from the ~~Company~~ Partnership to the effect that such redemption will comply with the conditions herein~~, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02~~. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the ~~Company~~ Partnership and given in writing to the Trustee, which record date shall be not less than ~~three~~ 15 days after the date of notice to the Trustee. By 11 a.m., New York City time, on the ~~Redemption Date~~ redemption date for any Debt Securities, the ~~Company~~ Partnership shall deposit with the Trustee or with a paying agent (or, if the ~~Company~~ Partnership is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date~~, together with any interest accrued to the Redemption Date~~. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), ) the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the ~~Company~~ Partnership in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such ~~Redemption Date~~redemption date, the principal, premium, if any, and interest shall bear interest until paid from the ~~Redemption Date~~ redemption date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the ~~Company~~Partnership. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 3 contracts

Samples: Indenture (Jonah Gas Gathering Co), Williams Energy Partners L P, Jonah Gas Gathering Co

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ Issuers 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~~ Directors of each Issuer or a supplemental Indenture, the ~~Company~~ Issuers 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~~ Issuers default in making such redemption ~~payment,~~ 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 series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least five days before the giving of any notice of redemption, unless the Trustee consents to a shorter period, the ~~Company~~ Issuers shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the ~~Company~~ Issuers to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the ~~Company~~ Issuers and given in writing to the Trustee, which record date shall be not less than three days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the ~~Company~~ Issuers shall deposit with the Trustee or with a paying agent (or, if ~~the Company~~ an Issuer is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the ~~Company~~ Issuers in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the ~~Company~~Issuers. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 3 contracts

Samples: Indenture (CNX Coal Finance Corp.), Indenture (Puritan Oil Company, Inc.), Indenture (EV Energy Partners, LP)

Notice of Redemption; Selection of Debt Securities. In case the Company shall desire to exercise the right to redeem ~~all~~ all, or, as the case may be, any part of the Debt Securities of any ~~series in accordance with their terms~~series, as evidenced by ~~resolution of the~~ a Board ~~of Trustees or a supplemental Indenture~~Resolution, ~~the Company~~ it shall fix a date for redemption and ~~shall~~ give notice of such redemption by first class mail postage prepaid at least 30 thirty and not more than 60 sixty days prior to the date fixed for redemption to the ~~Holders~~ holders of Debt Securities ~~of such series~~ so to be redeemed as a whole or in ~~part, in~~ part at their last addresses as the ~~manner provided in Section 13.03~~same appear on the Debt Security register. The notice if ~~given~~ 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 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~~Security. Each such notice of redemption shall specify ~~(i)~~ the date fixed for redemption, ~~(ii)~~ the redemption price at which such Debt Securities ~~of such series~~ are to be ~~redeemed (~~redeemed, whether the redemption is through operation of a sinking, purchase or analogous fund, the ~~method~~ place of ~~calculating such redemption price)~~payment, ~~(iii) the Place or Places of Payment~~ that payment will be made upon presentation and surrender of such Debt Securities, ~~(iv)~~ the CUSIP number, that ~~any~~ interest accrued (if any) 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) and 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~~ fewer than all the Debt Securities of a series are to be ~~redeemed~~ 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~~redeemed. In case any Debt Security ~~of a series~~ is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of ~~that series~~ the same series, of authorized denominations, in principal amount equal to the unredeemed portion ~~thereof,~~ thereof will be issued. ~~At least five days before~~ On or prior to the ~~giving of any~~ redemption date specified in the notice of ~~redemption, unless the Trustee consents to a shorter period~~redemption given as provided in this Section 4.02, the Company shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the Company to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the Company and given in writing to the Trustee, which record date shall be not less than three days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the Company shall deposit with the Trustee or with a one or more paying ~~agent~~ agents (or, if the Company is acting as its own paying agent, segregate and hold in ~~trust~~trust as provided in Section 5.04) an amount of money ~~in Dollars (except as provided pursuant to Section 2.03)~~ sufficient to ~~pay~~ redeem on the redemption ~~price of such~~ date all the Debt Securities ~~or any portions thereof that are to be redeemed on that date~~so called for redemption at the applicable redemption price, together with ~~any~~ accrued interest ~~accrued~~ (if any) to the ~~Redemption Date~~date fixed for redemption. If ~~less~~ fewer than all the Debt Securities ~~of like tenor and terms~~ of a series are to be redeemed ~~(other~~ the Company will give the Trustee notice not less than ~~pursuant~~ sixty days prior to ~~mandatory sinking fund redemptions),~~ the redemption date as to the aggregate principal amount of Debt Securities of such series to be redeemed and the Trustee shall select, ~~on a pro rata basis, by lot or by~~ in such ~~other method~~ manner as in its sole discretion it shall deem appropriate and fair, the Debt Securities of ~~that~~ such series or portions thereof ~~(in multiples of $1,000)~~ to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the Company in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the Company. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 3 contracts

Samples: Indenture (Cooper Industries, Ltd.), Indenture (Cooper Crouse-Hinds, LLC), Indenture (Cooper Industries LTD)

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ Issuers 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~~ Directors or a supplemental Indenture, the ~~Company~~ Issuers 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, that, if the ~~Company~~ Issuers 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~~ the Debt Securities of that series to be ~~redeemed that are not in global form~~redeemed. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least ~~five~~ 45 days but not more than 60 days before the ~~giving of any notice of redemption,~~ Redemption Date unless the Trustee consents to a shorter period, the ~~Company~~ Issuers shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the ~~Company~~ Issuers to the effect that such redemption will comply with the conditions herein~~, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02~~. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the ~~Company~~ Issuers and given in writing to the Trustee, which record date shall be not less than ~~three~~ 15 days after the date of notice to the Trustee. By 11 11:00 a.m., New York City time, on the Redemption Date for any Debt Securities, the ~~Company~~ Issuers shall deposit with the Trustee or with a paying agent (or, if the ~~Company is~~ Issuers are acting as ~~its~~ their own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be ~~redeemed (other than pursuant to mandatory sinking fund redemptions)~~redeemed, the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the ~~Company~~ Issuers in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the ~~Company~~Issuers. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 3 contracts

Samples: Indenture (Penn Virginia Resource Partners L P), PVR Natural Gas Gathering LLC, PVR Natural Gas Gathering LLC

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ 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 ~~Trustees~~ Directors or a supplemental Indenture, the ~~Company~~ 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; provided, however, such notice may be given more than 60 days prior to the Redemption Date if the notice is given in connection with a satisfaction and discharge pursuant to Section 11.02(a). 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~~Redemption Date, (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~~ Redemption Date 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~~ Partnership 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~~ Redemption Date 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 or ISIN 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 at any time, the notice of redemption shall specify the certificate numbers of ~~any~~ the Debt Securities of that series to be redeemed that are not in global form. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the ~~date fixed for redemption~~Redemption Date, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least five days before ~~the~~ giving of any notice of redemption, unless the Trustee consents to a shorter period, the ~~Company~~ Partnership shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an ~~Officers’~~ Officer’s Certificate and an Opinion of Counsel from the ~~Company~~ Partnership to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the ~~Company~~ Partnership and given in writing to the Trustee, which record date shall be not less than three days after the date of notice to the Trustee. By 11 11:00 a.m., New York City time, on the Redemption Date for any Debt Securities, the ~~Company~~ Partnership shall deposit with the Trustee or with a paying agent (or, if the ~~Company~~ Partnership is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to a mandatory sinking ~~fund redemptions~~fund), the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and ~~fair~~fair (or, in the case of Debt Securities represented by a Global Security, by such method as the Depositary may require), the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the ~~Company~~ Partnership in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the ~~Company~~Partnership. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 2 contracts

Samples: Senior Indenture (MPLX Lp), Indenture (MPLX Lp)

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~~ Directors 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, that, 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~~ the Debt Securities of that series to be redeemed that are not in global form. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least five days before the giving of any notice of redemption, unless the Trustee consents to a shorter period, the Company shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the Company to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the Company and given in writing to the Trustee, which record date shall be not less than three days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the Company shall deposit with the Trustee or with a paying agent (or, if the Company is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the Company in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the Company. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.be

Appears in 2 contracts

Samples: Indenture (Chesapeake Alpha Corp), Chesapeake Orc LLC

Notice of Redemption; Selection of Debt Securities. In case the Company shall desire to exercise the right to redeem ~~all~~ all, or, as the case may be, any part of the Debt ~~Securities of any series in accordance with their terms~~Securities, ~~by resolution of the Board of Trustees or a supplemental Indenture, the Company~~ it shall fix a date for redemption and shall ~~give~~ mail, or cause the Trustee to mail (at the expense of the Company) a notice of such redemption at least 30 and not more than 60 days prior to the date fixed for redemption to the ~~Holders~~ holders of Debt Securities ~~of such series~~ so to be redeemed as a whole or in ~~part, in~~ part at their last addresses as the ~~manner provided in Section 13.03~~same appear on the Debt Security Register. Such mailing shall be by first class mail. The notice if ~~given~~ mailed in the manner herein provided shall be conclusively presumed to have been duly given, whether or not the ~~Holder~~ holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice to the ~~Holder~~ 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~~Security. Each such notice of redemption shall specify ~~(i)~~ the CUSIP number, if any, of the Debt Securities to be redeemed, the date fixed for redemption, ~~(ii)~~ the redemption price (or manner of calculation of the price) at which Debt Securities ~~of such series~~ are to be ~~redeemed (~~redeemed, the place or ~~the method~~ places of ~~calculating such redemption price)~~payment, ~~(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) and 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~~ the Debt Securities ~~of that series~~ to be ~~redeemed that are not in global form~~redeemed. In case ~~any~~ the Debt ~~Security of a series is~~ Securities are to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities ~~of that series~~ in principal amount equal to the unredeemed portion ~~thereof,~~ thereof will be issued. At least five days before the giving of any notice of redemption, unless the Trustee consents to a shorter period, the Company shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the Company to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the Company and given in writing to the Trustee, which record date shall be not less than three days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the Company shall deposit with the Trustee or with a paying agent (or, if the Company is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the Company in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the Company. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 2 contracts

Samples: Indenture (QCR Holdings Inc), Indenture (Service 1st Bancorp)

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ Issuers 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~~ a Board Resolution of ~~the Board of Trustees~~ each Issuer or a supplemental Indenture, the ~~Company~~ Issuers 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~~12.03. 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 amount of Debt Securities of any series to be redeemed, the date fixed for redemption, ~~(ii)~~ the calculation of the redemption price at which Debt Securities of such series are to be redeemed (or but not the ~~method of calculating such~~ redemption ~~price~~price itself if it is not then determinable), ~~(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~~ CUSIP numbers of ~~any~~ the Debt Securities of that series to be ~~redeemed that are not in global form~~redeemed. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series will be issued in principal amount equal to the unredeemed portion thereof~~, will be issued~~. At least five days before the giving of any notice of redemption, unless the Trustee consents to a shorter period, the ~~Company~~ Issuers shall give written notice to the Trustee of the ~~Redemption Date~~redemption date, the aggregate principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel ~~from the Company~~ to the effect that such redemption will comply with the conditions herein~~, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02~~. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the ~~Company~~ Issuers and given ~~in writing~~ to the Trustee, which record date shall be not less than three days after the date of notice to the Trustee. ~~By 11 a.m.~~No later than 11:00 A.M., New York City time, on the ~~Redemption Date~~ redemption date for any Debt Securities, the ~~Company~~ Issuers shall deposit with the Trustee or with a paying agent (or, if the ~~Company~~ Partnership or PNG Finance is acting as its own paying agent, segregate and hold in trust) an amount of money in ~~Dollars~~ the Currency in which such Debt Securities are denominated (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date~~, together with any interest accrued to the Redemption Date~~. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), the Trustee shall ~~select~~select the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed (i) if such Debt Securities are listed on an exchange, in compliance with the requirements of the principal national securities exchange on which such Debt Securities are listed, or (ii) if such Debt Securities are not listed on an exchange or such exchange has no selection requirements, on a pro rata basis, by lot or by such other method as in its sole discretion it the Trustee shall deem appropriate and fair~~, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed~~. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the ~~Company~~ Issuers in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such ~~Redemption Date~~redemption date, the principal, premium, if any, and interest shall bear interest until paid from the ~~Redemption Date~~ redemption date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the ~~Company~~Issuers. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 2 contracts

Samples: Senior Indenture (PNG Finance Corp.), PNG Finance Corp.

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ 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 their terms, ~~by resolution~~ a Board Resolution of ~~the Board of Trustees~~ each Issuer or a supplemental Indenture, the ~~Company~~ Issuer 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~~12.03. The notice may not be conditional. 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 amount of Debt Securities of any series to be redeemed, the date fixed for redemption, ~~(ii)~~ the calculation of the redemption price at which Debt Securities of such series are to be redeemed (or but not the ~~method of calculating such~~ redemption ~~price~~price itself if it is not then determinable), ~~(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~~ CUSIP numbers of ~~any~~ the Debt Securities of that series to be ~~redeemed that are not in global form~~redeemed. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series will be issued in principal amount equal to the unredeemed portion thereof~~, will be issued~~. At least ~~five~~ 60 days before the ~~giving of any notice of redemption~~redemption date, unless the Trustee consents to a shorter period, the ~~Company~~ Issuer shall give written notice to the Trustee of the ~~Redemption Date~~redemption date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ ' Certificate and an Opinion of Counsel ~~from the Company~~ to the effect that such redemption will comply with the conditions herein~~, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02~~. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the ~~Company~~ Issuer and given ~~in writing~~ to the Trustee, which record date shall be not less than ~~three~~ 15 days after the date of notice to the Trustee. ~~By 11 a.m.~~No later than 11:00 A.M., New York City time, on the ~~Redemption Date~~ redemption date for any Debt Securities, the ~~Company~~ Issuer shall deposit with the Trustee or with a paying agent (or, if the ~~Company~~ Partnership is acting as its own paying agent, segregate and hold in trust) an amount of money in ~~Dollars~~ the Currency in which such Debt Securities are denominated (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date~~, together with any interest accrued to the Redemption Date~~. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), the Trustee shall ~~select~~select the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed (i) if such Debt Securities are listed on an exchange, in compliance with the requirements of the principal national securities exchange on which such Debt Securities are listed, or (ii) if such Debt Securities are not listed on an exchange or such exchange has no selection requirements, on a pro rata basis, by lot or by such other method as in its sole discretion it the Trustee shall deem appropriate and fair~~, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed~~. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the ~~Company~~ Issuer in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such ~~Redemption Date~~redemption date, the principal, premium, if any, and interest shall bear interest until paid from the ~~Redemption Date~~ redemption date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the ~~Company~~Issuer. Provisions of ~~this~~ the Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 2 contracts

Samples: MarkWest New Mexico LP, MarkWest New Mexico LP

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 a resolution of the Board of ~~Trustees~~ 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 ~~(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)~~redeemed, ~~(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, Coupon Securities of any series, if any, surrendered for redemption must be accompanied by all Coupons maturing subsequent to the date fixed for redemption, failing which the amount of any such missing Coupon or Coupons will be deducted from the redemption price, if the Bearer Securities of any series are to be redeemed and any Registered Securities of such series are not to be redeemed, and if such Bearer Securities may be exchanged for Registered Securities not subject to redemption on the applicable redemption date pursuant to Section 2.15(c) or otherwise, the last date on which such exchanges may be made, that, if the Company defaults in making such redemption ~~payment~~payment or if the Debt Securities of that series are subordinated pursuant to the terms of Article XII, 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~~ CUSIP numbers of ~~any~~ the Debt Securities of that series to be ~~redeemed that are not in global form~~redeemed. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, and in the case of a Bearer Security with appropriate Coupons, if any, will be issued. At least ~~five~~ 60 days before the ~~giving of any notice of redemption,~~ redemption date unless the Trustee consents to a shorter period, the Company shall give ~~written~~ notice to the Trustee of the ~~Redemption Date~~redemption date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the Company to the effect that such redemption will comply with the conditions herein~~, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02~~. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the Company and given ~~in writing~~ to the Trustee, which record date shall be not less than ~~three~~ 15 days after the date of notice to the Trustee. ~~By 11 a.m., New York City time, on~~ On or prior to the ~~Redemption Date~~ redemption date for any ~~Debt~~ Registered Securities, the Company shall deposit with the Trustee or with a paying agent (or, if the Company is acting as its own paying agent, segregate and hold in trust) an amount of money in ~~Dollars~~ the Currency in which such Debt Securities are denominated (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such ~~Debt~~ Registered Securities or any portions thereof that are to be redeemed on that date. In the case of any redemption pertaining to Bearer Securities or Coupon Securities, ~~together~~ the Company shall, no later than the business day prior to such redemption date, deposit with the Trustee or with a paying agent (other than the Company) an amount of money in the Currency in which such Debt Securities are denominated (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Bearer or Coupon Securities or any ~~interest accrued~~ portion thereof that are to be redeemed on the ~~Redemption Date~~redemption date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), ) the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one ~~Debt~~ Registered Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one ~~Debt~~ Registered Security of such series. The Trustee shall promptly notify the Company in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such ~~Redemption Date~~redemption date, the principal, premium, if any, and interest shall bear interest until paid from the ~~Redemption Date~~ redemption date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the Company. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 2 contracts

Samples: Pioneer Natural Resources Co, Pioneer Natural Resources Usa Inc

Notice of Redemption; Selection of Debt Securities. In case the Company shall desire to exercise the right to redeem ~~all~~ all, or, as the case may be, any part of the Debt ~~Securities of any series in accordance with their terms~~Securities, ~~by resolution of the Board of Trustees or~~ it shall cause to be mailed 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~~ Redemption Date or the Special Redemption Date to the ~~Holders~~ holders of Debt Securities ~~of such series~~ so to be redeemed as a whole or in ~~part, in~~ part at their last addresses as the ~~manner provided in Section 13.03~~same appear on the Debt Security Register. Such mailing shall be by first class mail. The notice if ~~given~~ mailed in the manner herein provided shall be conclusively presumed to have been duly given, whether or not the ~~Holder~~ holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice to the ~~Holder~~ 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~~Security. Each such notice of redemption shall specify ~~(i)~~ the ~~date fixed for redemption~~CUSIP number, ~~(ii)~~ if any, of the ~~redemption price~~ Debt Securities to be redeemed, the Redemption Date or the Special Redemption Date, as applicable, the Redemption Price, the Special Redemption Price or the method by which such Special Redemption Price is to be calculated, as applicable, at which Debt Securities ~~of such series~~ are to be ~~redeemed (~~redeemed, the place or ~~the method~~ places of ~~calculating such redemption price)~~payment, ~~(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) and 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~~ the Debt Securities ~~of that series~~ to be ~~redeemed that are not in global form~~redeemed. In case ~~any~~ the Debt ~~Security of a series is~~ Securities are to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities ~~of that series~~ in principal amount equal to the unredeemed portion ~~thereof,~~ thereof will be issued. At least five days before the giving of any notice of redemption, unless the Trustee consents to a shorter period, the Company shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the Company to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the Company and given in writing to the Trustee, which record date shall be not less than three days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the Company shall deposit with the Trustee or with a paying agent (or, if the Company is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the Company in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the Company. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 2 contracts

Samples: Indenture (First Community Bancorp /Ca/), Indenture (Home Bancshares Inc)

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~~payment or if the Debt Securities of that series are subordinated pursuant to the terms of Article XII, 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 series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least five days before the giving of any notice of redemption, unless the Trustee consents to a shorter period, the Company shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the Company to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the Company and given in writing to the Trustee, which record date shall be not less than three days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the Company shall deposit with the Trustee or with a paying agent (or, if the Company is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the Company in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the Company. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 2 contracts

Samples: Indenture (RAIT Financial Trust), Indenture (RAIT Financial Trust)

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ 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 ~~Trustees~~ Directors or a supplemental Indenture, the ~~Company~~ 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; provided, however, such notice may be given more than 60 days prior to the Redemption Date if the notice is given in connection with a satisfaction and discharge pursuant to Section 11.02(a). 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~~Redemption Date, (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~~ Redemption Date 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~~ Partnership 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~~ Redemption Date 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~~ redeemed, (x) the CUSIP number, if any, printed on the Debt Securities of that series being redeemed, and (xxi) that no representation is made as to the correctness or accuracy of the CUSIP or ISIN 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 at any time, the notice of redemption shall specify the certificate numbers of ~~any~~ the Debt Securities of that series to be ~~redeemed that are not in global form~~redeemed. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the ~~date fixed for redemption~~Redemption Date, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least five days before ~~the~~ giving of any notice of redemption, unless the Trustee consents to a shorter period, the ~~Company~~ Partnership shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the ~~Company~~ Partnership to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the ~~Company~~ Partnership and given in writing to the Trustee, which record date shall be not less than ~~three~~ 15 days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the ~~Company~~ Partnership shall deposit with the Trustee or with a paying agent (or, if the ~~Company~~ Partnership is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to a mandatory sinking ~~fund redemptions~~fund), the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and ~~fair~~fair (subject to the procedures of the Depositary), the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the ~~Company~~ Partnership in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the ~~Company~~Partnership. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 2 contracts

Samples: Indenture (Spectra Energy Partners, LP), Indenture (Spectra Energy Partners, LP)

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ Issuers 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~~ Directors of each Issuer or a supplemental Indenture, the ~~Company~~ Issuers 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~~ Issuers default in making such redemption ~~payment~~payment or if the Debt Securities of that series are subordinated pursuant to or prohibited by the terms of Article XII, 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 series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least five days before the giving of any notice of redemption, unless the Trustee consents to a shorter period, the ~~Company~~ Issuers shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the ~~Company~~ Issuers to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the ~~Company~~ Issuers and given in writing to the Trustee, which record date shall be not less than three days after the date of notice to the Trustee. By 11 11:00 a.m., New York City time, on the Redemption Date for any Debt Securities, the ~~Company~~ Issuers shall deposit with the Trustee or with a paying agent (or, if ~~the Company~~ an Issuer is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the ~~Company~~ Issuers in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the ~~Company~~Issuers. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 2 contracts

Samples: Indenture (Trust Energy Company, LLC), Vanguard Natural Resources, LLC

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ 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 their terms, by resolution of the Board of ~~Trustees~~ Directors or a supplemental Indenture, the ~~Company~~ Issuer 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, that, if the ~~Company~~ Issuer 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~~ the Debt Securities of that series to be ~~redeemed that are not in global form~~redeemed. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least ~~five~~ 45 days but not more than 60 days before the ~~giving of any notice of redemption,~~ Redemption Date unless the Trustee consents to a shorter period, the ~~Company~~ Issuer shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the ~~Company~~ Issuer to the effect that such redemption will comply with the conditions herein~~, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02~~. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the ~~Company~~ Issuer and given in writing to the Trustee, which record date shall be not less than ~~three~~ 15 days after the date of notice to the Trustee. By 11 11:00 a.m., New York City time, on the Redemption Date for any Debt Securities, the ~~Company~~ Issuer shall deposit with the Trustee or with a paying agent (or, if the ~~Company~~ Issuer is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be ~~redeemed (other than pursuant to mandatory sinking fund redemptions)~~redeemed, the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the ~~Company~~ Issuer in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the ~~Company~~Issuer. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 2 contracts

Samples: Indenture (Seadrill Partners LLC), Seadrill Partners LLC

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 a resolution of the Board of ~~Trustees~~ 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 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 ~~13.03~~12.03 and to the Trustee. Upon Company 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. Each such notice of redemption shall identify the Debt Securities, 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)~~redeemed, ~~(iii)~~ the Place or Places of Payment that payment will be made upon presentation and surrender of such Debt ~~Securities~~Securities and the paying agent, ~~(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 unless the Company defaults any interest thereon or on the portions thereof to be redeemed will cease to accrue, ~~(viii)~~ that in the case of Original Issue Discount Debt 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~~ redeemed, the CUSIP number 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 series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion ~~thereof,~~ thereof will be ~~issued~~issued or transferred by book entry. At least ~~five~~ 15 days before ~~the giving of any~~ notice of ~~redemption~~redemption is to be given, unless the Trustee consents to a shorter period, the Company shall give ~~written~~ notice to the Trustee of the ~~Redemption Date~~redemption date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the Company to the effect that such redemption will comply with the conditions herein~~, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02~~. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the Company and given ~~in writing~~ to the Trustee, which record date shall be not less than ~~three~~ 10 days after the date of notice to the Trustee. ~~By 11 a.m., New York City time,~~ On or prior to noon Eastern Time on the ~~Redemption Date~~ redemption date for any ~~Debt~~ Registered Securities, the Company shall deposit with the Trustee or with a paying agent (or, if the Company is acting as its own paying agent, segregate and hold in trust) an amount of money in ~~Dollars~~ the Currency in which such Debt Securities are denominated (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such ~~Debt~~ Registered Securities or any portions thereof that are to be redeemed on that date~~, together with any interest accrued to the Redemption Date~~. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), and the Debt Securities are Global Securities, they will be selected for redemption in accordance with Applicable Procedures. If the Debt Securities are not Global Securities, the Trustee shall select, ~~on a pro rata basis, by lot or by~~ in such ~~other method~~ manner as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one ~~Debt~~ Registered Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one ~~Debt~~ Registered Security of such series. The Trustee shall promptly notify the Company in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such ~~Redemption Date~~redemption date, the principal, premium, if any, and interest shall bear interest until paid from the ~~Redemption Date~~ redemption date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the Company. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 2 contracts

Samples: Indenture (Steel Dynamics Inc), Indenture (Steel Dynamics Inc)

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ 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 pursuant to a resolution of the Board of ~~Trustees~~ Directors or a supplemental ~~Indenture~~indenture, the ~~Company~~ 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. 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~~ Partnership defaults in making such redemption payment, the ~~paying agent~~ 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~~ 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~~ redeemed, the notice of redemption shall specify the certificate numbers of ~~any~~ the Debt Securities of that series to be ~~redeemed that are not in global form~~redeemed. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least ~~five~~ 30 days but not more than 60 days before the ~~giving of any notice of redemption,~~ Redemption Date (unless the Trustee consents to a shorter period), the ~~Company~~ Partnership shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the ~~Company~~ Partnership to the effect that such redemption will comply with the conditions herein~~, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02~~. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the ~~Company~~ Partnership and given in writing to the Trustee, which record date shall be not less than ~~three~~ 15 days after the date of notice to the Trustee. By 11 11:00 a.m., New York City time, on the Redemption Date for any Debt Securities, the ~~Company~~ Partnership shall deposit with the Trustee or with a ~~paying agent~~ Paying Agent (or, if the ~~Company~~ Partnership is acting as its own ~~paying agent~~Paying Agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of ~~like tenor and terms of~~ a series are to be ~~redeemed (other than pursuant to mandatory sinking fund redemptions)~~redeemed, the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the ~~Company~~ Partnership in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. ~~If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the Company.~~ Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 2 contracts

Samples: Indenture (ONEOK Partners LP), Indenture (ONEOK Partners LP)

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ 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 ~~Trustees~~ Directors or a supplemental Indenture, the ~~Company~~ 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; provided, however, such notice may be given more than 60 days prior to the Redemption Date if the notice is given in connection with a satisfaction and discharge pursuant to Section 11.02(a). 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~~Redemption Date, (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~~ Redemption Date 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~~ Partnership 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~~ Redemption Date 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 or ISIN 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 at any time, the notice of redemption shall specify the certificate numbers of ~~any~~ the Debt Securities of that series to be ~~redeemed that are not in global form~~redeemed. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the ~~date fixed for redemption~~Redemption Date, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least five days before ~~the~~ giving of any notice of redemption, unless the Trustee consents to a shorter period, the ~~Company~~ Partnership shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the ~~Company~~ Partnership to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the ~~Company~~ Partnership and given in writing to the Trustee, which record date shall be not less than ~~three~~ 15 days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the ~~Company~~ Partnership shall deposit with the Trustee or with a paying agent (or, if the ~~Company~~ Partnership is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to a mandatory sinking ~~fund redemptions~~fund), the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and ~~fair~~fair (or, in the case of Debt Securities represented by a Global Security, by such method as the Depositary may require), the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the ~~Company~~ Partnership in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the ~~Company~~Partnership. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 2 contracts

Samples: Indenture (Western Gas Partners LP), Indenture (Kerr-McGee Gathering LLC)

Notice of Redemption; Selection of Debt Securities. In case the Company shall desire to exercise the right to redeem ~~all~~ all, or, as the case may be, any part of ~~the~~ a series of Debt Securities ~~of any series in accordance with their terms, by resolution of the Board of Trustees or a supplemental Indenture~~pursuant to Section 4.01, the Company shall fix a date for redemption and the Company, or, at the Company’s request, the Trustee in the name of and at the expense of the Company, 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, except that redemption notices may be received more than 60 days prior to the redemption date if the notice is issued in connection with the ~~manner provided in Section 13.03~~defeasance or discharge of the applicable Debt Securities and/or this Indenture. The notice if given in ~~the manner herein provided~~ accordance with Section 15.03 shall be conclusively presumed to have been duly given, whether or not the Holder receives such notice. In any case, failure to so 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~~Security. ~~Each such notice~~ Notice of redemption shall be given in the name of the Company and shall specify ~~(i)~~ the date fixed for redemption, ~~(ii)~~ the ~~redemption price~~ Redemption Price at which Debt Securities of ~~such~~ any series are to be ~~redeemed~~ redeemed, the place of payment (which shall be at the offices or agencies to be maintained by the ~~method of calculating such redemption price~~Company pursuant to Section 5.02), ~~(iii) the Place or Places of Payment~~ that payment of the Redemption Price 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) notice that on and after said date ~~any~~ interest thereon or on the portions thereof to be redeemed will cease to accrue, ~~(viii) that in~~ and the Section of this Indenture pursuant to which Debt Securities will be redeemed. In 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~~ less than all 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 any series are to be ~~redeemed~~ redeemed, the notice of redemption shall ~~specify~~ also identify the ~~certificate numbers of any~~ particular Debt Securities ~~of that series~~ to be redeemed as a whole or in part and shall state that ~~are not in global form~~the redemption is for the sinking fund, if such is the case. In case any Debt Security ~~of a series~~ is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of ~~that~~ such series in aggregate principal amount equal to the unredeemed portion ~~thereof,~~ thereof will be ~~issued. At least five days before the giving of any notice of redemption, unless the Trustee consents to a shorter period, the Company shall give written notice~~ issued without charge to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the Company to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the Company and given in writing to the Trustee, which record date shall be not less than three days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the Company shall deposit with the Trustee or with a paying agent (or, if the Company is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption DateHolder. If less than all the Debt Securities of ~~like tenor and terms of a~~ any series are to be ~~redeemed (other than pursuant to mandatory sinking fund redemptions)~~redeemed, the Company shall give the Trustee ~~shall select~~notice, ~~on a pro rata basis~~at least 45 days (or such shorter period acceptable to the Trustee) in advance of the date fixed for redemption, ~~by lot or by such other method~~ as ~~in its sole discretion it shall deem appropriate and fair,~~ to the aggregate principal amount of Debt Securities ~~of that series or portions thereof (in multiples of $1,000)~~ to be redeemed. ~~In any case where more than one~~ Debt ~~Security~~ Securities may be redeemed in part in multiples equal to the minimum authorized denomination for Debt Securities of such series ~~is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series~~or any multiple thereof. ~~The Trustee shall promptly notify the Company in writing of~~ Thereupon the Debt Securities or portions thereof to be redeemed shall be selected ~~for~~ in accordance with the procedures of the Depository. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption ~~and~~of Debt Securities of any series shall relate, in the case of any Debt ~~Securities selected for partial redemption~~Security redeemed or to be redeemed only in part, to the portion of the principal amount ~~thereof~~ of such Debt Security which has been or is to be redeemed. ~~If any Debt Security called~~ On or prior to the date fixed for redemption ~~shall not be so paid upon surrender thereof on such Redemption Date~~specified in the notice of redemption given as provided in this Section 4.02, the ~~principal, premium, if any, and interest shall bear interest until paid from~~ Company will deposit with the ~~Redemption Date at~~ Trustee or with the ~~rate borne by~~ paying agent an amount of money in the currency in which the Debt Securities of ~~that series. If less than~~ such series are payable sufficient to redeem on the date fixed for redemption all the Debt Securities ~~of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the Company. Provisions of this Indenture that apply to Debt Securities~~ so called for redemption ~~also apply~~ at the appropriate Redemption Price, together with accrued interest to ~~portions~~ the date fixed for redemption. The Trustee shall not give any notice of redemption of any series of Debt Securities ~~called~~ during the continuation of any default in payment of interest on any series of Debt Securities when due or of any Event of Default, except that where notice of redemption with respect to any series of Debt Securities shall have been given prior to the occurrence of such default or Event of Default, the Trustee shall redeem such Debt Securities provided funds are deposited with it for such purpose. Notwithstanding any provision hereof to the contrary, notice of any redemption to the Holders of Debt Securities may, in the Company’s discretion, be subject to one or more conditions precedent, including completion of a corporate transaction. In such event, the related notice of redemption shall describe each such condition and, if applicable, shall state that, in the Company’s discretion, the date of redemption may be delayed until such time as any or all such conditions shall be satisfied or waived, or such redemption may not occur and such notice may be rescinded in the event that any or all such conditions shall not have been satisfied or waived by the date of redemption, or by the date of redemption as so delayed.

Appears in 2 contracts

Samples: Indenture (Perma-Pipe International Holdings, Inc.), Indenture (Perma-Pipe International Holdings, Inc.)

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ 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 ~~Trustees~~ Directors or a supplemental Indenture, the ~~Company~~ 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. 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,~~ Redemption Date; (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~~ Redemption Date 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 unless the ~~Company~~ Partnership defaults in making such redemption ~~payment,~~ payment or the Debt Securities of that series are subordinated pursuant to the terms of Article XII and 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~~vii) that in the case of Original Issue Discount Securities original issue discount accrued after the ~~date fixed for redemption~~ Redemption Date will cease to accrue, ; (ixviii) the terms of the Debt Securities of that series pursuant to which the Debt Securities of that series are being ~~redeemed~~ redeemed; (ix) and ~~(x)~~ that no representation is made as to the correctness or accuracy of the CUSIP or ISIN 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 at any time, the notice of redemption shall ~~specify~~ identify the ~~certificate numbers of any~~ particular Debt Securities (or portion thereof) of that series to be ~~redeemed that are not in global form~~redeemed. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the ~~date fixed for redemption~~Redemption Date, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion ~~thereof,~~ thereof will be issued. At least five days before the giving of any notice of redemption, unless the Trustee consents to a shorter period, the ~~Company~~ Partnership shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the ~~Company~~ Partnership to the effect that such redemption will comply with the conditions ~~herein,~~ herein and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the ~~Company~~ Partnership and given in writing to the Trustee, which record date shall be not less than three days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the ~~Company~~ Partnership shall deposit with the Trustee or with a paying agent (or, if the ~~Company~~ Partnership is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), ) the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the ~~Company~~ Partnership in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on ~~such~~ the Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the ~~Company~~Partnership. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption. Notwithstanding anything else contained in this Section 3.02, the parties acknowledge and agree that any partial redemption of a Global Security will be made by the Depositary among the holders of the beneficial interests therein in accordance with the rules and regulations of the Depositary, and that the Trustee shall have no liability in connection with the selection of beneficial interests in the Global Security in connection with any such redemption or any other actions taken by the Depository in connection therewith, and by accepting the Debt Securities, the Holders shall waive and release any and all such liability.

Appears in 2 contracts

Samples: Indenture (Enbridge Energy Partners Lp), Enbridge Energy Partners Lp

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ 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 ~~Trustees~~ Directors or a supplemental Indenture, the ~~Company~~ 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; provided, however, such notice may be given more than 60 days prior to the Redemption Date if the notice is given in connection with a satisfaction and discharge pursuant to Section 11.02(a). 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~~Redemption Date, (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~~ Redemption Date 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~~ Partnership defaults in making such redemption ~~payment~~payment or if the Debt Securities of that series are subordinated pursuant to the terms of Article XII, 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~~ Redemption Date 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 or ISIN 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 at any time, the notice of redemption shall specify the certificate numbers of ~~any~~ the Debt Securities of that series to be redeemed that are not in global form. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the ~~date fixed for redemption~~Redemption Date, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least five days before ~~the~~ giving of any notice of redemption, unless the Trustee consents to a shorter period, the ~~Company~~ Partnership shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an ~~Officers’~~ Officer’s Certificate and an Opinion of Counsel from the ~~Company~~ Partnership to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the ~~Company~~ Partnership and given in writing to the Trustee, which record date shall be not less than three days after the date of notice to the Trustee. By 11 11:00 a.m., New York City time, on the Redemption Date for any Debt Securities, the ~~Company~~ Partnership shall deposit with the Trustee or with a paying agent (or, if the ~~Company~~ Partnership is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to a mandatory sinking ~~fund redemptions~~fund), the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and ~~fair~~fair (or, in the case of Debt Securities represented by a Global Security, by such method as the Depositary may require), the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the ~~Company~~ Partnership in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the ~~Company~~Partnership. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 2 contracts

Samples: Indenture (MPLX Lp), Indenture (MPLX Lp)

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 a resolution of the Board of ~~Trustees~~ 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 ~~(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)~~redeemed, ~~(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, Coupon Securities of any series, if any, surrendered for redemption must be accompanied by all Coupons maturing subsequent to the date fixed for redemption, failing which the amount of any such missing Coupon or Coupons will be deducted from the redemption price, if the Bearer Securities of any series are to be redeemed and any Registered Securities of such series are not to be redeemed, and if such Bearer Securities may be exchanged for Registered Securities not subject to redemption on the applicable redemption date pursuant to Section 2.15(c) or otherwise, the last date on which such exchanges may be made, that, if the Company defaults in making such redemption ~~payment~~payment or if the Debt Securities of that series are subordinated pursuant to the terms of Article XII, 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~~ CUSIP numbers of ~~any~~ the Debt Securities of that series to be ~~redeemed that are not in global form~~redeemed. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, and in the case of a Bearer Security with appropriate Coupons, if any, will be issued. At least ~~five~~ 60 days before the ~~giving of any notice of redemption,~~ redemption date unless the Trustee consents to a shorter period, the Company shall give ~~written~~ notice to the Trustee of the ~~Redemption Date~~redemption date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ ' Certificate and an Opinion of Counsel from the Company to the effect that such redemption will comply with the conditions herein~~, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02~~. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the Company and given ~~in writing~~ to the Trustee, which record date shall be not less than ~~three~~ 15 days after the date of notice to the Trustee. ~~By 11 a.m., New York City time, on~~ On or prior to the ~~Redemption Date~~ redemption date for any ~~Debt~~ Registered Securities, the Company shall deposit with the Trustee or with a paying agent (or, if the Company is acting as its own paying agent, segregate and hold in trust) an amount of money in ~~Dollars~~ the Currency in which such Debt Securities are denominated (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such ~~Debt~~ Registered Securities or any portions thereof that are to be redeemed on that date. In the case of any redemption pertaining to Bearer Securities or Coupon Securities, ~~together~~ the Company shall, no later than the business day prior to such redemption date, deposit with the Trustee or with a paying agent (other than the Company) an amount of money in the Currency in which such Debt Securities are denominated (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Bearer or Coupon Securities or any ~~interest accrued~~ portion thereof that are to be redeemed on the ~~Redemption Date~~redemption date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), ) the Trustee shall select, ~~on a pro rata basis, by lot or by~~ in such ~~other method~~ manner as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one ~~Debt~~ Registered Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one ~~Debt~~ Registered Security of such series. The Trustee shall promptly notify the Company in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such ~~Redemption Date~~redemption date, the principal, premium, if any, and interest shall bear interest until paid from the ~~Redemption Date~~ redemption date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the Company. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 2 contracts

Samples: Pioneer Natural Resources Usa Inc, Pioneer Natural Resources Co

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ Issuers 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~~ Directors of the Partnership or a supplemental ~~Indenture~~indenture, the ~~Company~~ Issuers 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~~ Issuers default 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 series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least forty five days before the ~~giving of any notice of~~ date fixed for redemption, unless the Trustee consents to a shorter period, the ~~Company~~ Issuers shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an ~~Officers’~~ Officer’s Certificate and an Opinion of Counsel ~~from the Company~~ to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the ~~Company~~ Issuers and given in writing to the Trustee, which record date shall be not less than three days after the date of notice to the Trustee. By ~~11 a.m.~~12:00 p.m, New York City time, on the Redemption Date for any Debt Securities, the ~~Company~~ Issuers shall deposit with the Trustee or with a paying agent (or, if the ~~Company~~ Partnership is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the ~~Company~~ Issuers in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the ~~Company~~Issuers. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 2 contracts

Samples: MPT Operating Partnership, L.P., MPT of West Anaheim, LLC

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 a resolution of the Board of ~~Trustees~~ 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~~12.03. 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)~~redeemed, ~~(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~~ redeemed, the notice of redemption shall specify the ~~certificate~~ CUSIP numbers of ~~any~~ the Debt Securities of that series to be ~~redeemed that are not in global form~~redeemed. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof~~, will be issued~~. At least ~~five~~ 60 days before the ~~giving of any notice of redemption,~~ redemption date unless the Trustee consents to a shorter period, the Company shall give ~~written~~ notice to the Trustee of the ~~Redemption Date~~redemption date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the Company to the effect that such redemption will comply with the conditions herein~~, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02~~. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the Company and given ~~in writing~~ to the Trustee, which record date shall be not less than ~~three~~ 15 days after the date of notice to the Trustee. ~~By 11 a.m., New York City time, on~~ On or prior to the ~~Redemption Date~~ redemption date for any ~~Debt~~ Registered Securities, the Company shall deposit with the Trustee or with a paying agent (or, if the Company is acting as its own paying agent, segregate and hold in trust) an amount of money in ~~Dollars~~ the Currency in which such Debt Securities are denominated (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such ~~Debt~~ Registered Securities or any portions thereof that are to be redeemed on that date~~, together with any interest accrued to the Redemption Date~~. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), the Trustee shall select, ~~on a pro rata basis, by lot or by~~ in such ~~other method~~ manner as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one ~~Debt~~ Registered Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one ~~Debt~~ Registered Security of such series. The Trustee shall promptly notify the Company in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such ~~Redemption Date~~redemption date, the principal, premium, if any, and interest shall bear interest until paid from the ~~Redemption Date~~ redemption date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the Company. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 2 contracts

Samples: Indenture (Worthington Industries Inc), Indenture (Worthington Industries Inc)

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ 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 ~~Trustees~~ Directors or a supplemental Indenture, the ~~Company~~ 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; provided, however, such notice may be given more than 60 days prior to the Redemption Date if the notice is given in connection with a satisfaction and discharge pursuant to Section 11.02(a). 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~~Redemption Date, (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~~ Redemption Date 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~~ Partnership 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~~ Redemption Date 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 or ISIN 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 at any time, the notice of redemption shall specify the certificate numbers of ~~any~~ the Debt Securities of that series to be ~~redeemed that are not in global form~~redeemed. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the ~~date fixed for redemption~~Redemption Date, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least five days before the giving of any notice of redemption, unless the Trustee consents to a shorter period, the Company shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the Company to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the Company and given in writing to the Trustee, which record date shall be not less than three days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the Company shall deposit with the Trustee or with a paying agent (or, if the Company is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the Company in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the Company. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.,

Appears in 2 contracts

Samples: EnLink Midstream Partners, LP, EnLink Midstream Partners, LP

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ Issuers 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~~ Directors of each Issuer or a supplemental ~~Indenture~~indenture, the ~~Company~~ Issuers 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~~ Issuers default in making such redemption ~~payment,~~ 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~~ any CUSIP or ISIN 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 series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least five days before the giving of any notice of redemption, unless the Trustee consents to a shorter period, the ~~Company~~ Issuers shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the ~~Company~~ Issuers to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the ~~Company~~ Issuers and given in writing to the Trustee, which record date shall be not less than three days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the ~~Company~~ Issuers shall deposit with the Trustee or with a paying agent (or, if ~~the Company~~ an Issuer is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the ~~Company~~ Issuers in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the ~~Company~~Issuers. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 2 contracts

Samples: Stonemor Florida Subsidiary LLC, Satisfaction and Discharge of Indenture; Defeasance; Unclaimed Moneys (PSE Finance Corp)

Notice of Redemption; Selection of Debt Securities. In case the Company shall desire to exercise the right to redeem ~~all~~ all, or, as the case may be, any part of the Debt ~~Securities of any series in accordance with their terms~~Securities, ~~by resolution of the Board of Trustees or a supplemental Indenture, the Company~~ it shall fix a date for redemption and shall ~~give~~ 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~~ holders of Debt Securities ~~of such series~~ so to be redeemed as a whole or in ~~part, in~~ part at their last addresses as the ~~manner provided in Section 13.03~~same appear on the Debt Security Register. Such mailing shall be by first class mail. The notice if ~~given~~ mailed in the manner herein provided shall be conclusively presumed to have been duly given, whether or not the ~~Holder~~ holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice to the ~~Holder~~ 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~~ Security. The Debt Securities may be called for redemption only as to all of ~~such series~~the Debt Securities, or portions thereof (in integral multiples of $1,000) pro rata among all Securityholders based upon the aggregate amount of Debt Securities held by each Securityholder. Each such notice of redemption shall specify ~~(i)~~ the CUSIP number, if any, of the Debt Securities to be redeemed, the date fixed for redemption, ~~(ii)~~ the redemption price at which Debt Securities ~~of such series~~ are to be ~~redeemed (~~redeemed, the place or places of payment, that payment, in the ~~method~~ case of ~~calculating such redemption price)~~certificated Debt Securities, ~~(iii) the Place or Places of Payment that payment~~ will be made upon presentation and surrender of such certificated Debt ~~Securities~~Securities (unless presentation and surrender is waived by the Company), ~~(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) and 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~~ the Debt Securities ~~of that series~~ to be ~~redeemed that are not in global form~~redeemed. In case ~~any~~ the Debt ~~Security of a series is~~ Securities are to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, and, in the case of a certificated Debt Security, only upon surrender of such certificated Debt Security, a new Debt Security or Debt Securities ~~of that series~~ in principal amount equal to the unredeemed portion ~~thereof,~~ thereof will be issued. ~~At least five days before~~ Prior to 10:00 a.m. North Carolina time on the ~~giving of any~~ Redemption Date or the Special Redemption Date specified in the notice of ~~redemption, unless the Trustee consents to a shorter period~~redemption given as provided in this Section, the Company ~~shall give written notice to the Trustee of the Redemption Date, the principal~~ will deposit with one or more Paying Agents an amount of ~~Debt Securities~~ money sufficient to ~~be redeemed and~~ redeem on the ~~series and terms of the Debt Securities pursuant to which such~~ redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the Company to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than date all the Debt Securities ~~of a series are to be redeemed,~~ so called for redemption at the ~~record date relating to such~~ appropriate redemption shall be selected by the Company and given in writing to the Trustee, which record date shall be not less than three days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the Company shall deposit with the Trustee or with a paying agent (or, if the Company is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that dateprice, together with ~~any~~ accrued interest ~~accrued~~ to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the Company in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the Company. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called date fixed for redemption.

Appears in 1 contract

Samples: Securityholders Agreement (Uwharrie Capital Corp)

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ 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 their terms, by resolution of the Board of ~~Trustees~~ Directors or a supplemental Indenture, the ~~Company~~ Issuer 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~~ Issuer defaults in making such redemption ~~payment,~~ 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 series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least five days before the giving of any notice of redemption, unless the Trustee consents to a shorter period, the ~~Company~~ Issuer shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an ~~Officers’~~ Officer’s Certificate and an Opinion of Counsel from the ~~Company~~ Issuer to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the ~~Company~~ Issuer and given in writing to the Trustee, which record date shall be not less than three days after the date of notice to the Trustee. By 11 11:00 a.m., New York City time, on the Redemption Date for any Debt Securities, the ~~Company~~ Issuer shall deposit with the Trustee or with a paying agent (or, if the ~~Company~~ Issuer is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the ~~Company~~ Issuer in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the ~~Company~~Issuer. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 1 contract

Samples: MPLX Operations LLC

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~~series, 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)~~redeemed, (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 on making such redemption ~~payment,~~ payment or unless the Debt Securities of that series are subordinated pursuant to the terms of Article XII and 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~~vii) that in the case of Original Issue Discount Securities original issue discount accrued after the date fixed for redemption will cease to accrue, (ixviii) the terms of the Debt Securities of that series pursuant to which the Debt Securities of that series are being redeemed and (xix) 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~~ CUSIP numbers of ~~any~~ the Debt Securities of that series to be ~~redeemed that are not in global form~~redeemed. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof~~, will be issued~~. At least ~~five~~ 60 days before the ~~giving of any notice of redemption,~~ redemption date unless the Trustee consents to a shorter period, the Company shall give ~~written~~ notice to the Trustee of the ~~Redemption Date~~redemption date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ ' Certificate and an Opinion of Counsel from the Company to the effect that such redemption will comply with the conditions herein~~, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02~~. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the Company and given ~~in writing~~ to the Trustee, which record date shall be not less than ~~three~~ 15 days after the date of notice to the Trustee. ~~By 11 a.m., New York City time,~~ Prior to 10:00 am on the ~~Redemption Date~~ redemption date for any ~~Debt~~ Registered Securities, the Company shall deposit with the Trustee or with a paying agent (or, if the Company is acting as its own paying agent, segregate and hold in trust) an amount of money in ~~Dollars~~ the Currency in which such Debt Securities are denominated (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such ~~Debt~~ Registered Securities or any portions thereof that are to be redeemed on that date~~, together with any interest accrued to the Redemption Date~~. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), ) the Trustee shall select, ~~on a pro rata basis, by lot or by~~ in such ~~other method~~ manner as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one ~~Debt~~ Registered Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one ~~Debt~~ Registered Security of such series. The Trustee shall promptly notify the Company in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such ~~Redemption Date~~redemption date, the principal, premium, if any, and interest shall bear interest until paid from the ~~Redemption Date~~ redemption date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the Company. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 1 contract

Samples: Brooks Automation Inc

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ Issuers 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~~ Directors of each Issuer or a supplemental ~~Indenture~~indenture, the ~~Company~~ Issuers 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~~ Issuers default 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 series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least five days before the giving of any notice of redemption, unless the Trustee consents to a shorter period, the ~~Company~~ Issuers shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the ~~Company~~ Issuers to the effect that such redemption ~~will comply~~ complies with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the ~~Company~~ Issuers and given in writing to the Trustee, which record date shall be not less than three days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the ~~Company~~ Issuers shall deposit with the Trustee or with a paying agent (or, if ~~the Company~~ an Issuer is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), the Trustee shall select, on a pro rata ~~basis~~basis (or, if the Debt Securities are in the form of Global Securities, on as near a pro rata basis in accordance with the applicable procedures of the Depositary), by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the ~~Company~~ Issuers in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the ~~Company~~Issuers. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 1 contract

Samples: Indenture (Regency Energy Partners LP)

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,~~ or any part of the Debt Securities of any ~~series~~ series, as the case may be, 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)~~redeemed, ~~(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 on making such redemption ~~payment,~~ payment or if the Debt Securities of that series are subordinated pursuant to the terms of Article XII 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~~ provision of the Debt Securities of that series pursuant to which the Debt Securities of that series are being redeemed, the CUSIP numbers of the Debt Securities of that series being redeemed and ~~(x)~~ that no representation is made as to the correctness or accuracy of the CUSIP ~~number, if any,~~ number 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 series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion ~~thereof,~~ thereof will be ~~issued~~authenticated and delivered in exchange for the unredeemed portion of the principal of the Debt Security so surrendered. At least ~~five~~ 60 days before the ~~giving of any notice of redemption,~~ redemption date unless the Trustee consents to a shorter period, the Company shall give ~~written~~ notice to the Trustee of the ~~Redemption Date~~redemption date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ ' Certificate and an Opinion of Counsel from the Company to the effect that such redemption will comply with the conditions herein~~, and such notice may be revoked at any time~~ . On or prior to the ~~giving of a notice of~~ redemption ~~to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record~~ date relating to such redemption shall be selected by the Company and given in writing to the Trustee, which record date shall be not less than three days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any ~~Debt~~ Registered Securities, the Company shall deposit with the Trustee or with a paying agent (or, if the Company is acting as its own paying agent, segregate and hold in trust) an amount of money in ~~Dollars~~ the Currency in which such Debt Securities are denominated (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such ~~Debt~~ Registered Securities or any portions thereof that are to be redeemed on that date~~, together with any interest accrued to the Redemption Date~~. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), the Trustee shall select, ~~on a pro rata basis, by lot or by~~ in such ~~other method~~ manner as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in ~~multiples of $1,000~~authorized denominations) to be redeemed. In any case where more than one ~~Debt~~ Registered Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one ~~Debt~~ Registered Security of such series. The Trustee shall promptly notify the Company in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such ~~Redemption Date~~redemption date, the principal, premium, if any, and interest shall bear interest until paid from the ~~Redemption Date~~ redemption date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the Company. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 1 contract

Samples: Unit Corp

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~~ Directors of the Company or a supplemental ~~Indenture~~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~~13.04. 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, Coupon Securities of any series, if any, surrendered for redemption must be accompanied by all Coupons maturing subsequent to the date fixed for redemption, failing which the amount of any such missing Coupon or Coupons will be deducted from the redemption price, if the Bearer Securities of any series are to be redeemed and any Registered Securities of such series are not to be redeemed, and if such Bearer Securities may be exchanged for Registered Securities not subject to redemption on the applicable redemption date pursuant to Section 2.15(c) or otherwise, the last date on which such exchanges may be made, that, if the Company defaults in making such redemption ~~payment~~payment or if the Debt Securities of that series are subordinated pursuant to the terms of Article XII, 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~~ redeemed, and ~~(x)~~ that no representation is made as to the correctness or accuracy of the CUSIP or ISIN 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~~ redeemed, the notice of redemption shall specify the ~~certificate numbers~~ CUSIP or ISIN numbers, if any, of ~~any~~ the Debt Securities of that ~~series to be redeemed that are not in global form~~series. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, and in the case of a Bearer Security with appropriate Coupons, if any, will be issued. At least ~~five~~ two business days before the giving of any notice of ~~redemption~~redemption to Holders, unless the Trustee consents to a shorter period, the Company shall give written notice to the Trustee of the ~~Redemption Date~~redemption date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the Company to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section ~~3.02~~3.03. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the Company and given in writing to the Trustee, which record date shall be not less than three days after the date of notice to the Trustee. ~~By 11 a.m., New York City time, on~~ On or prior to the ~~Redemption Date~~ redemption date for any ~~Debt~~ Registered Securities, the Company shall deposit with the Trustee or with a paying agent (or, if the Company is acting as its own paying agent, segregate and hold in trust) an amount of money in ~~Dollars~~ the Currency in which such Debt Securities are denominated (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such ~~Debt~~ Registered Securities or any portions thereof that are to be redeemed on that date. In the case of any redemption pertaining to Bearer Securities or Coupon Securities, ~~together~~ the Company shall, no later than the business day prior to such redemption date, deposit with the Trustee or with a paying agent (other than the Company) an amount of money in the Currency in which such Debt Securities are denominated (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Bearer or Coupon Securities or any ~~interest accrued~~ portion thereof that are to be redeemed on the ~~Redemption Date~~redemption date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), ) the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one ~~Debt~~ Registered Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one ~~Debt~~ Registered Security of such series. The Trustee shall promptly notify the Company in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such ~~Redemption Date~~redemption date, the principal, premium, if any, and interest shall bear interest until paid from the ~~Redemption Date~~ redemption date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the Company. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 1 contract

Samples: Pioneer Natural Resources Co

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ 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 ~~Trustees~~ Directors or a supplemental Indenture, the ~~Company~~ 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. 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, that, if the ~~Company~~ Partnership 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~~ the Debt Securities of that series to be ~~redeemed that are not in global form~~redeemed. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least five ~~days~~ Business Days before the giving of any notice of redemption, ~~unless~~ the ~~Trustee consents to a shorter period, the Company~~ Partnership shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the ~~Company~~ Partnership to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the Company and given in writing to the Trustee, which record date shall be not less than three days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the ~~Company~~ Partnership shall deposit with the Trustee or with a paying agent (or, if the ~~Company~~ Partnership is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be ~~redeemed (other than pursuant to mandatory sinking fund redemptions)~~redeemed, the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed; provided, however, that if at such time such Debt Securities are represented by a Global Security, the Trustee shall have no responsibility for determining the principal amount of such Debt Securities that are to be redeemed, it being understood that such determination shall be made by the Depositary in accordance with its applicable procedures. In any case where more than one Debt Security of such series is registered in the same name, the Trustee ~~in its discretion may~~ will treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the ~~Company~~ Partnership in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the ~~Company~~Partnership. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 1 contract

Samples: Indenture (Sunoco Logistics Partners Operations Lp)

Notice of Redemption; Selection of Debt Securities. In case the Company shall desire to exercise the right to redeem ~~all~~ all, or, as the case may be, any part of the Debt ~~Securities of any series in accordance with their terms~~Securities, ~~by resolution of the Board of Trustees or a supplemental Indenture, the Company~~ it shall fix a date for redemption and shall ~~give~~ 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~~ holders of Debt Securities ~~of such series~~ so to be redeemed as a whole or in ~~part, in~~ part at their last addresses as the ~~manner provided in Section 13.03~~same appear on the Debt Security Register. Such mailing shall be by first class mail. The notice if ~~given~~ mailed in the manner herein provided shall be conclusively presumed to have been duly given, whether or not the ~~Holder~~ holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice to the ~~Holder~~ 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~~Security. 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 (~~redeemed, the place or ~~the method~~ places of ~~calculating such redemption price)~~payment, ~~(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) and 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~~ the Debt Securities ~~of that series~~ to be ~~redeemed that are not in global form~~redeemed. In case ~~any~~ the Debt ~~Security of a series is~~ Securities are to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities ~~of that series~~ in principal amount equal to the unredeemed portion ~~thereof,~~ thereof will be issued. ~~At least five days before~~ Prior to 10:00 a.m. on the ~~giving of any~~ Redemption Date or Special Redemption Date specified in the notice of ~~redemption, unless the Trustee consents to a shorter period~~redemption given as provided in this Section, the Company ~~shall give written notice~~ will deposit with the Trustee or with one or more paying agents an amount of money sufficient to redeem on the redemption date all the Debt Securities so called for redemption at the appropriate redemption price, together with accrued interest to the date fixed for redemption. The Company will give the Trustee of notice not less than 45 nor more than 60 days prior to the ~~Redemption Date,~~ redemption date as to the aggregate principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the Company to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the Company and given in writing to the Trustee, which record date shall be not less than three days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the Company shall deposit with the Trustee or with a paying agent (or, if the Company is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), the Trustee shall select, ~~on a pro rata basis, by lot or by~~ in such ~~other method~~ manner as in its sole discretion it shall deem appropriate and fair, the Debt Securities ~~of that series~~ or portions thereof (in integral multiples of $1,000) to be redeemed. In ~~any~~ the case ~~where more than one Debt Security~~ of ~~such series is registered in the same name~~a redemption pursuant to Section 10.02 above, the Trustee ~~in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall~~ shall, promptly ~~notify the Company in writing~~ upon receipt of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid Treasury Rate from the ~~Redemption Date at~~ Quotation Agent, provide the ~~rate borne by~~ Treasury Rate to Chase Bank of Texas, National Association, on behalf of the ~~Debt Securities~~ holders of ~~that series. If less than all~~ the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the Company. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemptionCapital Securities.

Appears in 1 contract

Samples: Indenture (Community Bancshares Inc /De/)

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ 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~~ a Board Resolution of the ~~Board of Trustees~~ Partnership or a supplemental Indenture, the ~~Company~~ 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~~1.07. 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 amount of Debt Securities of any series to be redeemed, (ii) the date fixed for redemption, (iiiii) the calculation of the redemption price at which Debt Securities of such series are to be ~~redeemed (or the method of calculating such redemption price)~~redeemed, (~~iii~~iv) the Place or Places of Payment that payment will be made upon presentation and surrender of such Debt Securities, (ivv) that any interest accrued to the date fixed for redemption will be paid as specified in said notice, (vvi) that the redemption is for a sinking fund payment (if applicable), (vivii) that, unless otherwise specified in such notice, if the ~~Company~~ Partnership defaults in making such redemption ~~payment~~payment or if the Debt Securities of that series are subordinated pursuant to the terms of Article 12, the paying agent is prohibited from making such payment pursuant to the terms of this Indenture, (~~vii~~viii) that on and after said date any interest thereon or on the portions thereof to be redeemed will cease to accrue, (~~viii~~ix) 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~~ CUSIP numbers of ~~any~~ the Debt Securities of that series to be ~~redeemed that are not in global form~~redeemed. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series will be issued in principal amount equal to the unredeemed portion thereof~~, will be issued~~. At least ~~five~~ 45 days but not more than 60 days before the ~~giving of any notice of redemption~~redemption date, unless the Trustee consents to a shorter period, the ~~Company~~ Partnership shall give written notice to the Trustee of the ~~Redemption Date~~redemption date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ ' Certificate and an Opinion of Counsel ~~from the Company~~ to the effect that such redemption will comply with the conditions herein~~, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02~~. If fewer than all the Debt Securities of a 25 Subordinated Indenture series are to be redeemed, the record date relating to such redemption shall be selected by the ~~Company~~ Partnership and given ~~in writing~~ to the Trustee, which record date shall be not less than ~~three~~ 15 days after the date of notice to the Trustee. By ~~11 a.m.,~~ 11:00 a.m. New York City time, on the ~~Redemption Date~~ redemption date for any Debt Securities, the ~~Company~~ Partnership shall deposit with the Trustee or with a paying agent (or, if the ~~Company~~ Partnership is acting as its own paying agent, segregate and hold in trust) an amount of money in ~~Dollars~~ the Currency in which such Debt Securities are denominated (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date~~, together with any interest accrued to the Redemption Date~~. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), the Trustee shall ~~select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair,~~ select the Debt Securities of that series or portions thereof (in multiples of $1,000) to be ~~redeemed~~redeemed (i) if such Debt Securities are listed on an exchange, in compliance with the requirements of the principal national securities exchange on which such Debt Securities are listed, or (ii) if such Debt Securities are not listed on an exchange or such exchange has no selection requirements, in such manner as in its sole discretion the Trustee shall deem appropriate and fair. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the ~~Company~~ Partnership in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such ~~Redemption Date~~redemption date, the principal, premium, if any, and interest shall bear interest until paid from the ~~Redemption Date~~ redemption date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the ~~Company~~Partnership. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 1 contract

Samples: Kaneb Pipe Line Operating Partnership Lp

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ 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 pursuant to a resolution of the Board of ~~Trustees~~ Directors or a supplemental ~~Indenture~~indenture, the ~~Company~~ 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~~15.03. 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~~ Partnership defaults in making such redemption payment, the ~~paying agent~~ 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~~ 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~~ redeemed, the notice of redemption shall specify the certificate numbers of ~~any~~ the Debt Securities of that series to be ~~redeemed that are not in global form~~redeemed. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least ~~five~~ 30 days but not more than 60 days before the ~~giving of any notice of redemption,~~ Redemption Date (unless the Trustee consents to a shorter period), the ~~Company~~ Partnership shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the ~~Company~~ Partnership to the effect that such redemption will comply with the conditions herein~~, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02~~. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the ~~Company~~ Partnership and given in writing to the Trustee, which record date shall be not less than ~~three~~ 15 days after the date of notice to the Trustee. By 11 11:00 a.m., New York City time, on the Redemption Date for any Debt Securities, the ~~Company~~ Partnership shall deposit with the Trustee or with a ~~paying agent~~ Paying Agent (or, if the ~~Company~~ Partnership is acting as its own ~~paying agent~~Paying Agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of ~~like tenor and terms of~~ a series are to be ~~redeemed (other than pursuant to mandatory sinking fund redemptions)~~redeemed, the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the ~~Company~~ Partnership in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. ~~If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the Company.~~ Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 1 contract

Samples: Indenture (ONEOK Partners LP)

Notice of Redemption; Selection of Debt Securities. In case the Company shall desire to exercise the right to redeem ~~all~~ all, or, as the case may be, any part of the Debt ~~Securities of any series in accordance with their terms~~Securities, ~~by resolution of the Board of Trustees or a supplemental Indenture, the Company~~ it shall fix a date for redemption and shall ~~give~~ 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~~ holders of Debt Securities ~~of such series~~ so to be redeemed as a whole or in ~~part, in~~ part at their last addresses as the ~~manner provided in Section 13.03~~same appear on the Debt Security Register. Such mailing shall be by first class mail. The notice if ~~given~~ mailed in the manner herein provided shall be conclusively presumed to have been duly given, whether or not the ~~Holder~~ holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice to the ~~Holder~~ 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~~Security. Each such notice of redemption shall specify ~~(i)~~ the CUSIP number, if any, of the Debt Securities to be redeemed, the date fixed for redemption, ~~(ii)~~ the redemption price at which Debt Securities ~~of such series~~ are to be ~~redeemed (~~redeemed, the place or ~~the method~~ places of ~~calculating such redemption price)~~payment, ~~(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) and 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~~ the Debt Securities ~~of that series~~ to be ~~redeemed that are not in global form~~redeemed. In case ~~any~~ the Debt ~~Security of a series is~~ Securities are to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities ~~of that series~~ in principal amount equal to the unredeemed portion ~~thereof,~~ thereof will be issued. At least five days before the giving of any notice of redemption, unless the Trustee consents to a shorter period, the Company shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the Company to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the Company and given in writing to the Trustee, which record date shall be not less than three days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the Company shall deposit with the Trustee or with a paying agent (or, if the Company is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the Company in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the Company. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 1 contract

Samples: Employment Agreement (Columbia Bancorp \Or\)

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ 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 ~~Trustees~~ Directors or a supplemental Indenture, the ~~Company~~ 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. 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~~Redemption Date, (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~~ Redemption Date 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~~ Partnership 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~~ Securities, original issue discount accrued after the ~~date fixed for redemption~~ Redemption Date will cease to accrue, (ix) the ~~terms~~ provisions 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 or ISIN 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 at any time, the notice of redemption shall specify the certificate numbers of ~~any~~ the Debt Securities of that series to be ~~redeemed that are not in global form~~redeemed. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the ~~date fixed for redemption~~Redemption Date, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion ~~thereof,~~ thereof will be issued. At least five days before the giving of any notice of redemption, unless the Trustee consents to a shorter period, the ~~Company~~ Partnership shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ ' Certificate and an Opinion of Counsel from the ~~Company~~ Partnership to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the ~~Company~~ Partnership and given in writing to the Trustee, which record date shall be not less than three days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the ~~Company~~ Partnership shall deposit with the Trustee or with a paying agent (or, if the ~~Company~~ Partnership is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the ~~Company~~ Partnership in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the ~~Company~~Partnership. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption. Notwithstanding anything else contained in this Section 3.02, the parties acknowledge and agree that any partial redemption of a Global Security will be made by the Depositary among the holders of the beneficial interests therein in accordance with the rules and regulations of the Depositary and that the Trustee shall have no liability in connection with the selection of beneficial interests in the Global Security in connection with any such redemption or any other actions taken by the Depository in connection therewith, and by accepting the Debt Securities, the Holders shall waive and release any and all such liability.

Appears in 1 contract

Samples: Indenture (Enbridge Energy Partners Lp)

Notice of Redemption; Selection of Debt Securities. In case the Company shall desire to exercise the right to redeem ~~all~~ all, or, as the case may be, any part of the Debt ~~Securities of any series in accordance with their terms~~Securities, ~~by resolution of the Board of Trustees or a supplemental Indenture, the Company~~ it shall fix a date for redemption and shall ~~give~~ mail, or cause the Trustee to mail (at the expense of the Company), a notice of such redemption at least 30 and not more than 60 days prior to the date fixed for redemption to the ~~Holders~~ holders of Debt Securities ~~of such series~~ so to be redeemed as a whole or in ~~part, in~~ part at their last addresses as the ~~manner provided in Section 13.03~~same appear on the Debt Security Register. Such mailing shall be by first class mail. The notice if ~~given~~ mailed in the manner herein provided shall be conclusively presumed to have been duly given, whether or not the ~~Holder~~ holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice to the ~~Holder~~ 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~~Security. Each such notice of redemption shall specify ~~(i)~~ the CUSIP number, if any, of the Debt Securities to be redeemed, the date fixed for redemption, ~~(ii)~~ the ~~redemption~~ price or manner of calculation of the price at which Debt Securities ~~of such series~~ are to be ~~redeemed (~~redeemed, the place or ~~the method~~ places of ~~calculating such redemption price)~~payment, ~~(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) and 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~~ redeemed, the notice of redemption shall specify the ~~certificate~~ numbers of ~~any~~ the Debt Securities ~~of that series~~ to be ~~redeemed that are not in global form~~redeemed. In case ~~any~~ the Debt ~~Security of a series is~~ Securities are to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities ~~of that series~~ in principal amount equal to the unredeemed portion ~~thereof,~~ thereof will be issued. ~~At least five days before~~ Prior to 10:00 a.m., New York City time, on the ~~giving of any~~ Optional Redemption Date or the Special Redemption Date specified in the notice of ~~redemption, unless the Trustee consents to a shorter period~~redemption given as provided in this Section, the Company ~~shall~~ will deposit with the Trustee or with one or more Paying Agents an amount of money sufficient to redeem on such date all the Debt Securities so called for redemption at the applicable price therefor, together with unpaid interest accrued to such date. The Company will give ~~written~~ the Trustee notice not less than 45 nor more than 75 days prior to the ~~Trustee of~~ date fixed for redemption as to the ~~Redemption Date,~~ price at which the Debt Securities are to be redeemed and the aggregate principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the Company to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the Company and given in writing to the Trustee, which record date shall be not less than three days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the Company shall deposit with the Trustee or with a paying agent (or, if the Company is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), the Trustee shall select, ~~on a pro rata basis, by lot or by~~ in such ~~other method~~ manner as in its sole discretion it shall deem appropriate and fair, the Debt Securities ~~of that series~~ or portions thereof (in integral multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the Company in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the Company. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 1 contract

Samples: Hf Financial Corp

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ 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 ~~Trustees~~ Directors or a supplemental Indenture, the ~~Company~~ 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; provided, however, such notice may be given more than 60 days prior to the Redemption Date if the notice is given in connection with a satisfaction and discharge pursuant to Section 11.02(a). 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~~Redemption Date, (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~~ Redemption Date 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~~ Partnership defaults in making such redemption ~~payment~~payment or if the Debt Securities of that series are subordinated pursuant to the terms of Article XII, 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~~ Redemption Date 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 or ISIN 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 at any time, the notice of redemption shall specify the certificate numbers of ~~any~~ the Debt Securities of that series to be ~~redeemed that are not in global form~~redeemed. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the ~~date fixed for redemption~~Redemption Date, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least five days before ~~the~~ giving of any notice of redemption, unless the Trustee consents to a shorter period, the ~~Company~~ Partnership shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the ~~Company~~ Partnership to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the ~~Company~~ Partnership and given in writing to the Trustee, which record date shall be not less than ~~three~~ 15 days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the ~~Company~~ Partnership shall deposit with the Trustee or with a paying agent (or, if the ~~Company~~ Partnership is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to a mandatory sinking ~~fund redemptions~~fund), the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the ~~Company~~ Partnership in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the ~~Company~~Partnership. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 1 contract

Samples: Indenture (Spectra Energy Partners, LP)

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ 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 ~~Trustees~~ Directors or a supplemental Indenture, the ~~Company~~ 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. 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)~~redeemed, ~~(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, that, if the ~~Company~~ Partnership 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~~ CUSIP numbers of ~~any~~ the Debt Securities of that series to be ~~redeemed that are not in global form~~redeemed. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least ~~five~~ 45 days but not more than 60 days before the ~~giving of any notice of redemption,~~ redemption date unless the Trustee consents to a shorter period, the ~~Company~~ Partnership shall give written notice to the Trustee of the ~~Redemption Date~~redemption date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ ' Certificate and an Opinion of Counsel from the ~~Company~~ Partnership to the effect that such redemption will comply with the conditions herein~~, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02~~. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the ~~Company~~ Partnership and given in writing to the Trustee, which record date shall be not less than ~~three~~ 15 days after the date of notice to the Trustee. By 11 a.m., New York City time, on the ~~Redemption Date~~ redemption date for any Debt Securities, the ~~Company~~ Partnership shall deposit with the Trustee or with a paying agent (or, if the ~~Company~~ Partnership is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date~~, together with any interest accrued to the Redemption Date~~. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), ) the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the ~~Company~~ Partnership in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such ~~Redemption Date~~redemption date, the principal, premium, if any, and interest shall bear interest until paid from the ~~Redemption Date~~ redemption date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the ~~Company~~Partnership. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 1 contract

Samples: Jonah Gas Gathering Co

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~~Series, as evidenced by ~~resolution of the~~ a Board ~~of Trustees or a supplemental Indenture~~Resolution, ~~the Company~~ it shall fix a date for redemption and ~~shall~~ give notice of such redemption by first class mail, postage prepaid at least ~~30 and not more than 60~~ thirty (30) days prior to the date fixed for redemption to the Trustee and to the Holders of Debt Securities ~~of such series~~ so to be redeemed as a whole or in ~~part~~part at their last addresses as the same appear on the Debt Security register; provided, that if fewer than all the Debt Securities of a Series and tenor are to be redeemed, the Company will give the Trustee notice not less than thirty-five (35) days prior to the redemption date as to the aggregate principal amount of Debt Securities of such Series and tenor to be redeemed, and the Trustee shall select pro rata, by lot, or in such other manner as in its sole discretion it shall deem appropriate and fair, the ~~manner provided in Section 13.03~~Debt Securities of such Series and tenor or portions thereof to be redeemed. The ~~notice~~ notice, if ~~given~~ delivered in the manner herein ~~provided~~ 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 as provided herein 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~~Security. Each such notice of redemption shall specify ~~(i)~~ the date fixed for redemption, ~~(ii)~~ the CUSIP or other identifying number of the Debt Securities to be redeemed, the redemption price at which such Debt Securities ~~of such series~~ are to be ~~redeemed (~~redeemed, whether the redemption is through operation of a sinking, purchase or analogous fund, the ~~method~~ place of ~~calculating such redemption price)~~payment, ~~(iii) the Place or Places of Payment~~ that payment will be made upon presentation and surrender of such Debt Securities, that the premium (ivif any) ~~that any~~ and interest accrued (if any) 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) and 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~~ fewer than all the Debt Securities of a ~~series~~ Series are to be ~~redeemed~~ 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~~redeemed. In case any Debt Security ~~of a series~~ is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of ~~that series~~ the same Series and tenor, of authorized denominations, in principal amount equal to the unredeemed portion ~~thereof,~~ thereof will be issued. ~~At least five days before~~ On or prior to 10:00 a.m. New York City time on the ~~giving of any~~ redemption date specified in the notice of ~~redemption, unless the Trustee consents to a shorter period~~redemption given as provided in this Section 4.02, the Company shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the Company to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the Company and given in writing to the Trustee, which record date shall be not less than three days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the Company shall deposit with the Trustee or with a one or more paying ~~agent~~ agents (or, if the Company is acting as its own paying agent, segregate and hold in ~~trust~~trust as provided in Section 5.04) an amount of money ~~in Dollars (except as provided pursuant to Section 2.03)~~ sufficient to ~~pay~~ redeem on the redemption ~~price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than~~ date all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the Company in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption ~~shall not be so paid upon surrender thereof on such Redemption Date~~at the applicable redemption price, together with the ~~principal, premium,~~ premium (if any, ) and accrued and unpaid interest ~~shall bear interest until paid from~~ (if any) to the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the Company. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called date fixed for redemption.

Appears in 1 contract

Samples: Indenture (Nucor Corp)

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ Issuers 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~~ Directors of each Issuer or a supplemental ~~Indenture~~indenture, the ~~Company~~ Issuers 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~~ Issuers default 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 series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least five days before the giving of any notice of redemption, unless the Trustee consents to a shorter period, the ~~Company~~ Issuers shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the ~~Company~~ Issuers to the effect that such redemption ~~will comply~~ complies with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the ~~Company~~ Issuers and given in writing to the Trustee, which record date shall be not less than three days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the ~~Company~~ Issuers shall deposit with the Trustee or with a paying agent (or, if ~~the Company~~ an Issuer is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the ~~Company~~ Issuers in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the ~~Company~~Issuers. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 1 contract

Samples: Indenture (Regency Energy Partners LP)

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ 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 ~~Trustees~~ Directors or a supplemental Indenture, the ~~Company~~ 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. 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~~Redemption Date, (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~~ Partnership 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 series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least five days before the giving of any notice of redemption, unless the Trustee consents to a shorter period, the ~~Company~~ Partnership shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the ~~Company~~ Partnership to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the ~~Company~~ Partnership and given in writing to the Trustee, which record date shall be not less than three days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the ~~Company~~ Partnership shall deposit with the Trustee or with a paying agent (or, if the ~~Company~~ Partnership is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the ~~Company~~ Partnership in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the ~~Company~~Partnership. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption. Notwithstanding anything else contained in this Article III, the parties acknowledge and agree that any partial redemption of a Global Security will be made by the Depositary among the holders of the beneficial interests therein in accordance with the rules and regulations of the Depositary, and that the Trustee shall have no liability in connection with the selection of beneficial interests in a Global Security in connection with any such redemption or other actions taken by the Depositary in connection therewith, and by accepting the Debt Securities, the Holders and beneficial owners shall be deemed to waive and release any and all such liability.

Appears in 1 contract

Samples: Indenture (Magellan Midstream Partners Lp)

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~~ Directors 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 series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least five days before the giving of any notice of redemption, unless the Trustee consents to a shorter period, the Company shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the Company to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the Company and given in writing to the Trustee, which record date shall be not less than three days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the Company shall deposit with the Trustee or with a paying agent (or, if the Company is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the Company in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the Company. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 1 contract

Samples: Resource Capital Corp.

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 a resolution of the Board of ~~Trustees~~ 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 ~~(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)~~redeemed, ~~(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, Coupon Securities of any series, if any, surrendered for redemption must be accompanied by all Coupons maturing subsequent to the date fixed for redemption, failing which the amount of any such missing Coupon or Coupons will be deducted from the redemption price, if the Bearer Securities of any series are to be redeemed and any Registered Securities of such series are not to be redeemed, and if such Bearer Securities may be exchanged for Registered Securities not subject to redemption on the applicable redemption date pursuant to Section 2.15(c) or otherwise, the last date on which such exchanges may be made, that, if the Company defaults in making such redemption ~~payment~~payment or if the Debt Securities of that series are subordinated pursuant to the terms of Article XII, 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~~ redeemed, the notice of redemption shall specify the ~~certificate~~ CUSIP numbers of ~~any~~ the Debt Securities of that series to be ~~redeemed that are not in global form~~redeemed. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, and in the case of a Bearer Security with appropriate Coupons, if any, will be issued. At least ~~five~~ 60 days before the ~~giving of any notice of redemption~~redemption date, unless the Trustee consents to a shorter period, the Company shall give ~~written~~ notice to the Trustee of the ~~Redemption Date~~redemption date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ ' Certificate and an ~~Opinion~~ opinion of Counsel from the Company to the effect that such redemption will comply with the conditions herein~~, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02~~. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the Company and given ~~in writing~~ to the Trustee, which record date shall be not less than ~~three~~ 15 days after the date of notice to the Trustee. ~~By 11 a.m., New York City time, on~~ On or prior to the ~~Redemption Date~~ redemption date for any ~~Debt~~ Registered Securities, the Company shall deposit with the Trustee or with a paying agent (or, if the Company is acting as its own paying agent, segregate and hold in trust) an amount of money in ~~Dollars~~ the Currency in which such Debt Securities are denominated (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such ~~Debt~~ Registered Securities or any portions thereof that are to be redeemed on that date. In the case of any redemption pertaining to Bearer Securities or Coupon Securities, ~~together~~ the Company shall, no later than the business day prior to such redemption date, deposit with the Trustee or with a paying agent (other than the Company) an amount of money in the Currency in which such Debt Securities are denominated (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Bearer or Coupon Securities or any ~~interest accrued~~ portion thereof that are to be redeemed on the ~~Redemption Date~~redemption date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), ) the Trustee shall select, ~~on a pro rata basis, by lot or by~~ in such ~~other method~~ manner as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one ~~Debt~~ Registered Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one ~~Debt~~ Registered Security of such series. The Trustee shall promptly notify the Company in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such ~~Redemption Date~~redemption date, the principal, premium, if any, and interest shall bear interest until paid from the ~~Redemption Date~~ redemption date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the Company. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 1 contract

Samples: Chirex Inc

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ 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 ~~Trustees~~ Directors or a supplemental Indenture, the ~~Company~~ 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. 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, that, if the ~~Company~~ Partnership 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~~ the Debt Securities of that series to be ~~redeemed that are not in global form~~redeemed. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least ~~five~~ 45 days but not more than 60 days before the ~~giving of any notice of redemption,~~ Redemption Date unless the Trustee consents to a shorter period, the ~~Company~~ Partnership shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ ' Certificate and an Opinion of Counsel from the ~~Company~~ Partnership to the effect that such redemption will comply with the conditions herein~~, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02~~. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the ~~Company~~ Partnership and given in writing to the Trustee, which record date shall be not less than ~~three~~ 15 days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the ~~Company~~ Partnership shall deposit with the Trustee or with a paying agent (or, if the ~~Company~~ Partnership is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be ~~redeemed (other than pursuant to mandatory sinking fund redemptions)~~redeemed, the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the ~~Company~~ Partnership in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the ~~Company~~Partnership. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 1 contract

Samples: Indenture (Pacific Energy Group LLC)

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ 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 ~~Trustees~~ Directors or a supplemental Indenture, the ~~Company~~ 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; provided, however, such notice may be given more than 60 days prior to the Redemption Date if the notice is given in connection with a satisfaction and discharge pursuant to Section 11.02(a). 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~~Redemption Date, (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~~ Redemption Date 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~~ Partnership 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~~ Redemption Date 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 or ISIN 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 at any time, the notice of redemption shall specify the certificate numbers of ~~any~~ the Debt Securities of that series to be ~~redeemed that are not in global form~~redeemed. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the ~~date fixed for redemption~~Redemption Date, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least five days before ~~the~~ giving of any notice of redemption, unless the Trustee consents to a shorter period, the ~~Company~~ Partnership shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ ' Certificate and an Opinion of Counsel from the ~~Company~~ Partnership to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the ~~Company~~ Partnership and given in writing to the Trustee, which record date shall be not less than ~~three~~ 15 days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the ~~Company~~ Partnership shall deposit with the Trustee or with a paying agent (or, if the ~~Company~~ Partnership is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to a mandatory sinking ~~fund redemptions~~fund), the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the ~~Company~~ Partnership in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the ~~Company~~Partnership. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 1 contract

Samples: Indenture (Acin LLC)

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ 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 their terms, by a resolution of the Board of ~~Trustees~~ Directors of the Issuer or a supplemental Indenture, the ~~Company~~ Issuer 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~~14.03. 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)~~redeemed, ~~(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~~ BFC defaults in on making such redemption ~~payment,~~ payment or if the Debt Securities of that series are subordinated pursuant to the terms of Article XII 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~~ redeemed, the notice of redemption shall ~~specify~~ identify the ~~certificate numbers of any~~ Debt Securities and the principal amount of that series to be ~~redeemed that are not in global form~~redeemed. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof~~, will be issued~~. At least ~~five~~ 60 days before the ~~giving of any notice of redemption,~~ redemption date unless the Trustee consents to a shorter period, the ~~Company~~ Issuer shall give ~~written~~ notice to the Trustee of the ~~Redemption Date~~redemption date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ ' Certificate and an Opinion of Counsel from the ~~Company~~ Issuer to the effect that such redemption will comply with the conditions herein~~, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02~~. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the ~~Company~~ Issuer and given ~~in writing~~ to the Trustee, which record date shall be not less than ~~three~~ 15 days after the date of notice to the Trustee. ~~By 11 a.m., New York City time, on~~ On or prior to the ~~Redemption Date~~ redemption date for any ~~Debt~~ Registered Securities, the ~~Company~~ Issuer shall deposit with the Trustee or with a paying agent (or, if the Company or BFC is acting as ~~its own~~ paying agent, segregate and hold in trust) an amount of money in ~~Dollars~~ the Currency in which such Debt Securities are denominated (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such ~~Debt~~ Registered Securities or any portions thereof that are to be redeemed on that date~~, together with any interest accrued to the Redemption Date~~. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), ) the Trustee shall select, ~~on a pro rata basis, by lot or by~~ in such ~~other method~~ manner as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one ~~Debt~~ Registered Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one ~~Debt~~ Registered Security of such series. The Trustee shall promptly notify the ~~Company~~ Issuer in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such ~~Redemption Date~~redemption date, the principal, premium, if any, and interest shall bear interest until paid from the ~~Redemption Date~~ redemption date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the ~~Company~~Issuer. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 1 contract

Samples: H&r Block Inc

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ 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 ~~Trustees~~ Directors or a supplemental Indenture, the ~~Company~~ 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. 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)~~redeemed, ~~(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, that, if the ~~Company~~ Partnership defaults in making such redemption ~~payment~~payment or if the Debt Securities of that series are subordinated pursuant to the terms of Article XII, 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~~ CUSIP numbers of ~~any~~ the Debt Securities of that series to be ~~redeemed that are not in global form~~redeemed. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least ~~five~~ 45 days but not more than 60 days before the ~~giving of any notice of redemption,~~ redemption date unless the Trustee consents to a shorter period, the ~~Company~~ Partnership shall give written notice to the Trustee of the ~~Redemption Date~~redemption date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ ' Certificate and an Opinion of Counsel from the ~~Company~~ Partnership to the effect that such redemption will comply with the conditions herein~~, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02~~. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the ~~Company~~ Partnership and given in writing to the Trustee, which record date shall be not less than ~~three~~ 15 days after the date of notice to the Trustee. By 11 a.m., New York City time, on the ~~Redemption Date~~ redemption date for any Debt Securities, the ~~Company~~ Partnership shall deposit with the Trustee or with a paying agent (or, if the ~~Company~~ Partnership is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date~~, together with any interest accrued to the Redemption Date~~. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), ) the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the ~~Company~~ Partnership in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such ~~Redemption Date~~redemption date, the principal, premium, if any, and interest shall bear interest until paid from the ~~Redemption Date~~ redemption date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the ~~Company~~Partnership. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 1 contract

Samples: Jonah Gas Gathering Co

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ 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~~ a Board Resolution of the ~~Board of Trustees~~ Partnership or a supplemental Indenture, the ~~Company~~ 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~~1.07. 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 amount of Debt Securities of any series to be redeemed, (ii) the date fixed for redemption, (iiiii) the calculation of the redemption price at which Debt Securities of such series are to be ~~redeemed (or the method of calculating such redemption price)~~redeemed, (~~iii~~iv) the Place or Places of Payment that payment will be made upon presentation and surrender of such Debt Securities, (ivv) that any interest accrued to the date fixed for redemption will be paid as specified in said notice, (vvi) that the redemption is for a sinking fund payment (if applicable), (vivii) that, unless otherwise specified in such notice, if the ~~Company~~ Partnership defaults in making such redemption payment, the paying agent is prohibited from making such payment pursuant to the terms of this Indenture, (~~vii~~viii) that on and after said date any interest thereon or on the portions thereof to be redeemed will cease to accrue, (~~viii~~ix) 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 Senior Indenture 24 all the Debt Securities of a series are to be redeemed the notice of redemption shall specify the ~~certificate~~ CUSIP numbers of ~~any~~ the Debt Securities of that series to be ~~redeemed that are not in global form~~redeemed. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series will be issued in principal amount equal to the unredeemed portion thereof~~, will be issued~~. At least ~~five~~ 45 days but not more than 60 days before the ~~giving of any notice of redemption~~redemption date, unless the Trustee consents to a shorter period, the ~~Company~~ Partnership shall give written notice to the Trustee of the ~~Redemption Date~~redemption date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ ' Certificate and an Opinion of Counsel ~~from the Company~~ to the effect that such redemption will comply with the conditions herein~~, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02~~. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the ~~Company~~ Partnership and given ~~in writing~~ to the Trustee, which record date shall be not less than ~~three~~ 15 days after the date of notice to the Trustee. By ~~11 a.m.,~~ 11:00 a.m. New York City time, on the ~~Redemption Date~~ redemption date for any Debt Securities, the ~~Company~~ Partnership shall deposit with the Trustee or with a paying agent (or, if the ~~Company~~ Partnership is acting as its own paying agent, segregate and hold in trust) an amount of money in ~~Dollars~~ the Currency in which such Debt Securities are denominated (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date~~, together with any interest accrued to the Redemption Date~~. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), the Trustee shall ~~select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair,~~ select the Debt Securities of that series or portions thereof (in multiples of $1,000) to be ~~redeemed~~redeemed (i) if such Debt Securities are listed on an exchange, in compliance with the requirements of the principal national securities exchange on which such Debt Securities are listed, or (ii) if such Debt Securities are not listed on an exchange or such exchange has no selection requirements, in such manner as in its sole discretion the Trustee shall deem appropriate and fair. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the ~~Company~~ Partnership in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such ~~Redemption Date~~redemption date, the principal, premium, if any, and interest shall bear interest until paid from the ~~Redemption Date~~ redemption date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the ~~Company~~Partnership. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 1 contract

Samples: Kaneb Pipe Line Operating Partnership Lp

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ 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 ~~Trustees~~ Directors or a supplemental Indenture, the ~~Company~~ 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; provided, however, such notice may be given more than 60 days prior to the Redemption Date if the notice is given in connection with a satisfaction and discharge pursuant to Section 11.02(a). 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~~Redemption Date, (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~~ Redemption Date 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~~ Partnership defaults in making such redemption ~~payment~~payment or if the Debt Securities of that series are subordinated pursuant to the terms of Article XII, 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~~ Redemption Date 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 or ISIN 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 at any time, the notice of redemption shall specify the certificate numbers of ~~any~~ the Debt Securities of that series to be ~~redeemed that are not in global form~~redeemed. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the ~~date fixed for redemption~~Redemption Date, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least five days before ~~the~~ giving of any notice of redemption, unless the Trustee consents to a shorter period, the ~~Company~~ Partnership shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the ~~Company~~ Partnership to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the ~~Company~~ Partnership and given in writing to the Trustee, which record date shall be not less than ~~three~~ 15 days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the ~~Company~~ Partnership shall deposit with the Trustee or with a paying agent (or, if the ~~Company~~ Partnership is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to a mandatory sinking ~~fund redemptions~~fund), the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and ~~fair~~fair (or, in the case of Debt Securities represented by a Global Security, by such method as the Depositary may require), the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the ~~Company~~ Partnership in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the ~~Company~~Partnership. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 1 contract

Samples: Indenture (EnLink Midstream Partners, LP)

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 a resolution of the Board of ~~Trustees~~ 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 ~~(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)~~redeemed, ~~(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 on making such redemption ~~payment,~~ payment or if the Debt Securities of that series are subordinated pursuant to the terms of Article XII 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~~ CUSIP numbers of ~~any~~ the Debt Securities of that series to be ~~redeemed that are not in global form~~redeemed. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series will be issued in principal amount equal to the unredeemed portion thereof~~, will be issued~~. At least ~~five~~ 60 days before the ~~giving of any notice of redemption,~~ redemption date unless the Trustee consents to a shorter period, the Company shall give ~~written~~ notice to the Trustee of the ~~Redemption Date~~redemption date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the Company to the effect that such redemption will comply with the conditions herein~~, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02~~. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the Company and given ~~in writing~~ to the Trustee, which record date shall be not less than ~~three~~ 15 days after the date of notice to the Trustee. ~~By 11 a.m., New York City time, on~~ On or prior to the ~~Redemption Date~~ redemption date for any ~~Debt~~ Registered Securities, the Company shall deposit with the Trustee or with a paying agent (or, if the Company is acting as its own paying agent, segregate and hold in trust) an amount of money in ~~Dollars~~ the Currency in which such Debt Securities are denominated (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such ~~Debt~~ Registered Securities or any portions thereof that are to be redeemed on that date~~, together with any interest accrued to the Redemption Date~~. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), ) the Trustee shall select, ~~on a pro rata basis, by lot or by~~ in such ~~other method~~ manner as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one ~~Debt~~ Registered Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one ~~Debt~~ Registered Security of such series. The Trustee shall promptly notify the Company in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such ~~Redemption Date~~redemption date, the principal, premium, if any, and interest shall bear interest until paid from the ~~Redemption Date~~ redemption date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the Company. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 1 contract

Samples: Indenture (Swift Energy Co)

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~~ Directors or a supplemental Indenture, the Company shall fix a date for redemption and shall give notice of such redemption at least 30 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 13.03; provided, however, such notice may be given more than 60 days prior to the Redemption Date if the notice is given in connection with a satisfaction and discharge pursuant to Section 11.02(a). 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~~Redemption Date, (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~~ Redemption Date 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~~ Redemption Date will cease to accrue, (ix) the terms and conditions, if any, of the Debt Securities of that series pursuant to which the Debt Securities of that series are being ~~redeemed~~ redeemed, and (x) that no representation is made as to the correctness or accuracy of the CUSIP or ISIN 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 at any time, the notice of redemption shall specify the certificate numbers of ~~any~~ the Debt Securities of that series to be ~~redeemed that are not in global form~~redeemed. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the ~~date fixed for redemption~~Redemption Date, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least five days before ~~the~~ giving of any notice of redemption, unless the Trustee consents to a shorter period, the Company shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the Company to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the Company and given in writing to the Trustee, which record date shall be not less than ~~three~~ 10 days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the Company shall deposit with the Trustee or with a paying agent (or, if the Company is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to a mandatory sinking ~~fund redemptions~~fund), the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and ~~fair~~fair (or, in the case of Debt Securities represented by a Global Security, by such method as the Depositary may require), the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the Company in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the Company. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 1 contract

Samples: Indenture (EnLink Midstream, LLC)

Notice of Redemption; Selection of Debt Securities. In case the Company shall desire to exercise ~~the~~ any right to redeem ~~all~~ all, or, as the case may be, any part of 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~~ it shall fix a date for redemption and shall ~~give~~ mail or cause to be mailed 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 so to be redeemed as a whole or in ~~part~~part at their last addresses as the same appear on the registry books of the Company and to the Trustee, in except as the ~~manner provided in Section 13.03~~resolution adopted by the Board of Directors or the provisions of an indenture supplemental hereto to establish the terms of any series of Debt Securities may otherwise provide. Such mailing shall be by first class mail. The notice if ~~given~~ 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 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 the Debt Securities of such series are to be ~~redeemed (~~redeemed, the place or ~~the method~~ places of ~~calculating such redemption price)~~payment, ~~(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) and 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~~ number or numbers of ~~any~~ the Debt Securities of that series to be ~~redeemed that are not in global form~~redeemed. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion ~~thereof,~~ thereof will be issued. ~~At least five days~~ On or before the ~~giving of any~~ redemption date specified in the notice of ~~redemption, unless the Trustee consents to a shorter period~~redemption given as provided in this Section 3.02, the Company ~~shall give written notice to~~ will deposit with the Trustee of or with one or more paying agents (or if the ~~Redemption Date, the principal~~ Company is acting as its own paying agent will segregate and hold in trust as provided in Section 4.04) an amount of ~~Debt Securities~~ money sufficient to ~~be redeemed and~~ redeem on the ~~series and terms of~~ redemption date all the Debt Securities ~~pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the Company~~ or portions thereof so called for redemption, together with accrued interest thereon to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02date fixed for redemption. If ~~fewer~~ less than all the Debt Securities of a series are to be ~~redeemed, the record date relating to such redemption shall be selected by~~ redeemed the Company ~~and given in writing to~~ will give the ~~Trustee, which record date shall be~~ Trustee notice not less than ~~three~~ 50 days ~~after the date of notice~~ prior to the ~~Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the Company shall deposit with the Trustee or with a paying agent (or, if the Company is acting~~ redemption date as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the ~~Redemption Date. If less than all the~~ aggregate principal amount and maturity of Debt Securities of ~~like tenor and terms of a~~ such series ~~are~~ to be ~~redeemed (other than pursuant to mandatory sinking fund redemptions), the~~ redeemed. The Trustee shall ~~select, on a pro rata basis, by lot or by~~ select in such ~~other method~~ manner as ~~in its sole discretion~~ it shall deem appropriate and ~~fair~~fair or cause to be selected by lot, the Debt Securities of that series or portions thereof ~~(in multiples of $1,000)~~ to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee redeemed and shall promptly notify the Company in writing of the Debt Securities ~~selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof~~ to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of a series may be redeemed in part only in multiples of the smallest authorized denomination of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the Company. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 1 contract

Samples: McDonalds Corp

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ 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 pursuant to a resolution of the ~~Board of Trustees~~ Partnership Policy Committee or a supplemental Indenture, the ~~Company~~ 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. 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, that, if the ~~Company~~ Partnership defaults in making such redemption payment, the ~~paying agent~~ 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~~ the Debt Securities of that series to be ~~redeemed that are not in global form~~redeemed. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least ~~five~~ 45 days but not more than 60 days before the ~~giving of any notice of redemption,~~ Redemption Date (unless the Trustee consents to a shorter period), the ~~Company~~ Partnership shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ ' Certificate and an Opinion of Counsel from the ~~Company~~ Partnership to the effect that such redemption will comply with the conditions herein~~, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02~~. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the ~~Company~~ Partnership and given in writing to the Trustee, which record date shall be not less than ~~three~~ 15 days after the date of notice to the Trustee. By 11 11:00 a.m., New York City time, on the Redemption Date for any Debt Securities, the ~~Company~~ Partnership shall deposit with the Trustee or with a ~~paying agent~~ Paying Agent (or, if the ~~Company~~ Partnership is acting as its own ~~paying agent~~Paying Agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be ~~redeemed (other than pursuant to mandatory sinking fund redemptions)~~redeemed, the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the ~~Company~~ Partnership in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the ~~Company~~Partnership. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 1 contract

Samples: Northern Border Partners Lp

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ 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 their terms, by resolution of the Board of ~~Trustees~~ Directors or a supplemental Indenture, the ~~Company~~ Issuer 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~~ Issuer defaults in making such redemption ~~payment~~payment or if the Debt Securities of that series are subordinated pursuant to the terms of Article XII, 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 series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least five days before the giving of any notice of redemption, unless the Trustee consents to a shorter period, the ~~Company~~ Issuer shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an ~~Officers’~~ Officer’s Certificate and an Opinion of Counsel from the ~~Company~~ Issuer to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the ~~Company~~ Issuer and given in writing to the Trustee, which record date shall be not less than three days after the date of notice to the Trustee. By 11 11:00 a.m., New York City time, on the Redemption Date for any Debt Securities, the ~~Company~~ Issuer shall deposit with the Trustee or with a paying agent (or, if the ~~Company~~ Issuer is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the ~~Company~~ Issuer in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the ~~Company~~Issuer. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 1 contract

Samples: MPLX Operations LLC

Notice of Redemption; Selection of Debt Securities. In case the Company shall desire to exercise the right to redeem ~~all~~ all, or, as the case may be, any part of the Debt ~~Securities of any series in accordance with their terms~~Securities, ~~by resolution of the Board of Trustees or a supplemental Indenture, the Company~~ it shall fix a date for redemption and shall ~~give~~ mail, or cause the Trustee to mail {at the expense of the Company), a notice of such redemption at least 30 and not more than 60 days prior to the date fixed for redemption to the ~~Holders~~ holders of Debt Securities ~~of such series~~ so to be redeemed as a whole or in ~~part, in~~ part at their last addresses as the ~~manner provided in Section 13.03~~same appear on the Debt Security Register. Such mailing shall be by first class mail. The notice if ~~given~~ mailed in the manner herein provided shall be conclusively presumed to have been duly given, whether or not the ~~Holder~~ holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice to the ~~Holder~~ 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~~Security. Each such notice of redemption shall specify ~~(i)~~ the CUSIP number, if any, of the Debt Securities to be redeemed, the date fixed for redemption, the price (iior manner of calculation of the price) ~~the redemption price~~ at which Debt Securities ~~of such series~~ are to be ~~redeemed (~~redeemed, the place or ~~the method~~ places of ~~calculating such redemption price)~~payment, ~~(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) and 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~~ redeemed, the notice of redemption shall specify the ~~certificate~~ numbers of ~~any~~ the Debt Securities ~~of that series~~ to be ~~redeemed that are not in global form~~redeemed. In case ~~any~~ the Debt ~~Security of a series is~~ Securities are to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities ~~of that series~~ in principal amount equal to the unredeemed portion ~~thereof,~~ thereof will be issued. ~~At least five days before~~ Prior to 10:00 a.m., New York City time, on the ~~giving of any~~ Optional Redemption Date or the Special Redemption Date specified in the notice of ~~redemption, unless the Trustee consents to a shorter period~~redemption given as provided in this Section, the Company ~~shall~~ will deposit with the Trustee or with one or more Paying Agents an amount of money sufficient to redeem on such date all the Debt Securities so called for redemption at the applicable price therefor, together with unpaid interest accrued to such date. The Company will give ~~written~~ the Trustee notice not less than 45 nor more than 75 days prior to the ~~Trustee of~~ date fixed for redemption as to the ~~Redemption Date,~~ price at which the Debt Securities are to be redeemed and the aggregate principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the Company to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the Company and given in writing to the Trustee, which record date shall be not less than three days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the Company shall deposit with the Trustee or with a paying agent (or, if the Company is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), the Trustee 50 shall select, ~~on a pro rata basis, by lot or by~~ in such ~~other method~~ manner as in its sole discretion it shall deem appropriate and fair, the Debt Securities ~~of that series~~ or portions thereof (in integral multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the Company in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the Company. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 1 contract

Samples: Kingsway Financial Services Inc

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ 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 ~~Trustees~~ Directors or a supplemental Indenture, the ~~Company~~ 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; provided, however, such notice may be given more than 60 days prior to the Redemption Date if the notice is given in connection with a satisfaction and discharge pursuant to Section 11.02(a). 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~~Redemption Date, (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~~ Redemption Date 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~~ Partnership defaults in making such redemption ~~payment~~payment or if the Debt Securities of that series are subordinated pursuant to the terms of Article XII, 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~~ Redemption Date 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 or ISIN 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 at any time, the notice of redemption shall specify the certificate numbers of ~~any~~ the Debt Securities of that series to be ~~redeemed that are not in global form~~redeemed. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the ~~date fixed for redemption~~Redemption Date, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least five days before ~~the~~ giving of any notice of redemption, unless the Trustee consents to a shorter period, the ~~Company~~ Partnership shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the ~~Company~~ Partnership to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the ~~Company~~ Partnership and given in writing to the Trustee, which record date shall be not less than ~~three~~ 15 days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the ~~Company~~ Partnership shall deposit with the Trustee or with a paying agent (or, if the ~~Company~~ Partnership is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of ~~like~~ like, by lot or such other method as in its sole discretion it shall deem appropriate and fair tenor and terms of a series are to be redeemed (other than pursuant to a mandatory sinking ~~fund redemptions~~fund), the Trustee shall select, on a pro rata ~~basis~~basis (or, in the case of Debt Securities represented by a Global Security, by ~~lot or by~~ such ~~other~~ method as ~~in its sole discretion it shall deem appropriate and fair~~the Depositary may require), the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the ~~Company~~ Partnership in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the ~~Company~~Partnership. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 1 contract

Samples: Indenture (Kerr-McGee Gathering LLC)

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 CUSIP number and 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 series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least ~~five~~ fifteen days before the giving of any notice of redemption, unless the Trustee consents to a shorter period, the Company shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the Company to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the Company and given in writing to the Trustee, which record date shall be not less than three days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the Company shall deposit with the Trustee or with a paying agent (or, if the Company is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and ~~fair~~fair in accordance with the Depositary’s procedures, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the Company in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the Company. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 1 contract

Samples: Indenture (RAIT Financial Trust)

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ 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 ~~Trustees~~ Directors or a supplemental Indenture, the ~~Company~~ 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; provided, however, such notice may be given more than 60 days prior to the Redemption Date if the notice is given in connection with a satisfaction and discharge pursuant to Section 11.02(a). 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~~Redemption Date, (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~~ Redemption Date 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~~ Partnership 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~~ the Redemption Date any interest thereon or on the portions thereof to be redeemed will cease to accrue, (~~viii~~vii) that in the case of Original Issue Discount Securities original issue discount accrued after the ~~date fixed for redemption~~ Redemption Date will cease to accrue, (ixviii) the terms of the Debt Securities of that series pursuant to which the Debt Securities of that series are being redeemed and (xix) that no representation is made as to the correctness or accuracy of the CUSIP or ISIN 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 at any time, the notice of redemption shall specify the certificate numbers of ~~any~~ the Debt Securities of that series to be ~~redeemed that are not in global form~~redeemed. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the ~~date fixed for redemption~~Redemption Date, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least five days before ~~the~~ giving of any notice of redemption, unless the Trustee consents to a shorter period, the ~~Company~~ Partnership shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the ~~Company~~ Partnership to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the ~~Company~~ Partnership and given in writing to the Trustee, which record date shall be not less than ~~three~~ 15 days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the ~~Company~~ Partnership shall deposit with the Trustee or with a paying agent (or, if the ~~Company~~ Partnership is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to a mandatory sinking ~~fund redemptions~~fund), the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the ~~Company~~ Partnership in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the ~~Company~~Partnership. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 1 contract

Samples: Indenture (Oiltanking Partners, L.P.)

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ 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 ~~Trustees~~ Directors or a supplemental Indenture, the ~~Company~~ 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. 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, that, if the ~~Company defaults~~ Issuers default 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~~ the Debt Securities of that series to be ~~redeemed that are not in global form~~redeemed. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least ~~five~~ 45 days but not more than 60 days before the ~~giving of any notice of redemption,~~ Redemption Date unless the Trustee consents to a shorter period, the ~~Company~~ Issuers shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel ~~from the Company~~ to the effect that such redemption will comply with the conditions herein~~, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02~~. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the ~~Company~~ Issuers and given in writing to the Trustee, which record date shall be not less than ~~three~~ 15 days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the ~~Company~~ Issuers shall deposit with the Trustee or with a paying agent (or, if one of the ~~Company~~ Issuers is acting as ~~its own~~ paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be ~~redeemed (other than pursuant to mandatory sinking fund redemptions)~~redeemed, the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the ~~Company~~ Issuers in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the ~~Company~~Issuers. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 1 contract

Samples: Indenture (Pacific Atlantic Terminals LLC)

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ 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~~ a Board Resolution of the ~~Board of Trustees~~ Partnership or a supplemental Indenture, the ~~Company~~ 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~~1.07. 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 amount of Debt Securities of any series to be redeemed, (ii) the date fixed for redemption, (iiiii) the calculation of the redemption price at which Debt Securities of such series are to be ~~redeemed (or the method of calculating such redemption price)~~redeemed, (~~iii~~iv) the Place or Places of Payment that payment will be made upon presentation and surrender of such Debt Securities, (ivv) that any interest accrued to the date fixed for redemption will be paid as specified in said notice, (vvi) that the redemption is for a sinking fund payment (if applicable), (vivii) that, unless otherwise specified in such notice, if the ~~Company~~ Partnership defaults in making such redemption payment, the paying agent is prohibited from making such payment pursuant to the terms of this Indenture, (~~vii~~viii) that on and after said date any interest thereon or on the portions thereof to be redeemed will cease to accrue, (~~viii~~ix) 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~~ CUSIP numbers of ~~any~~ the Debt Securities of that series to be ~~redeemed that are not in global form~~redeemed. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series will be issued in principal amount equal to the unredeemed portion thereof~~, will be issued~~. At least ~~five~~ 45 days but not more than 60 days before the ~~giving of any notice of redemption~~redemption date, unless the Trustee consents to a shorter period, the ~~Company~~ Partnership shall give written notice to the Trustee of the ~~Redemption Date~~redemption date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel ~~from the Company~~ to the effect that such redemption will comply with the conditions herein~~, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02~~. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the ~~Company~~ Partnership and given ~~in writing~~ to the Trustee, which record date shall be not less than ~~three~~ 15 days after the date of notice to the Trustee. By ~~11 a.m.,~~ 11:00 a.m. New York City time, on the ~~Redemption Date~~ redemption date for any Debt Securities, the ~~Company~~ Partnership shall deposit with the Trustee or with a paying agent (or, if the ~~Company~~ Partnership is acting as its own paying agent, segregate and hold in trust) an amount of money in ~~Dollars~~ the Currency in which such Debt Securities are denominated (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date~~, together with any interest accrued to the Redemption Date~~. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), the Trustee shall ~~select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair,~~ select the Debt Securities of that series or portions thereof (in multiples of $1,000) to be ~~redeemed~~redeemed (i) if such Debt Securities are listed on an exchange, in compliance with the requirements of the principal national securities exchange on which such Debt Securities are listed, or (ii) if such Debt Securities are not listed on an exchange or such exchange has no selection requirements, in such manner as in its sole discretion the Trustee shall deem appropriate and fair. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the ~~Company~~ Partnership in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such ~~Redemption Date~~redemption date, the principal, premium, if any, and interest shall bear interest until paid from the ~~Redemption Date~~ redemption date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the ~~Company~~Partnership. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 1 contract

Samples: Indenture (Valero L 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, by resolution of the Board of ~~Trustees~~ Directors or a supplemental Indenture, the Company shall fix a date for redemption and shall give notice of such redemption at least 30 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 13.03; provided, however, such notice may be given more than 60 days prior to the Redemption Date if the notice is given in connection with a satisfaction and discharge pursuant to Section 11.02(a). 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~~Redemption Date, (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~~ Redemption Date 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~~ Redemption Date will cease to accrue, (ix) the terms and conditions, if any, of the Debt Securities of that series pursuant to which the Debt Securities of that series are being ~~redeemed~~ redeemed, and (x) that no representation is made as to the correctness or accuracy of the CUSIP or ISIN 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 at any time, the notice of redemption shall specify the certificate numbers of ~~any~~ the Debt Securities of that series to be ~~redeemed that are not in global form~~redeemed. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the ~~date fixed for redemption~~Redemption Date, upon surrender of such Debt Security, a new Debt ~~Security~~ Security, or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least five days before ~~the~~ giving of any notice of redemption, unless the Trustee consents to a shorter period, the Company shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the Company to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the Company and given in writing to the Trustee, which record date shall be not less than ~~three~~ 10 days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the Company shall deposit with the Trustee or with a paying agent (or, if the Company is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to a mandatory sinking ~~fund redemptions~~fund), the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and ~~fair~~fair (or, in the case of Debt Securities represented by a Global Security, by such method as the Depositary may require), the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the Company in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the Company. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 1 contract

Samples: Indenture (EnLink Midstream Partners, LP)

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~~ Directors 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; provided, however, such notice may be given more than 60 days prior to the Redemption Date if the notice is given in connection with a satisfaction and discharge pursuant to Section 11.02(a). 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~~Redemption Date, (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~~ Redemption Date 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~~ Redemption Date 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 or ISIN 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 at any time, the notice of redemption shall specify the certificate numbers of ~~any~~ the Debt Securities of that series to be ~~redeemed that are not in global form~~redeemed. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the ~~date fixed for redemption~~Redemption Date, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least five days before ~~the~~ giving of any notice of redemption, unless the Trustee consents to a shorter period, the Company shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ ' Certificate and an Opinion of Counsel from the Company to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the Company and given in writing to the Trustee, which record date shall be not less than ~~three~~ 15 days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the Company shall deposit with the Trustee or with a paying agent (or, if the Company is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to a mandatory sinking ~~fund redemptions~~fund), the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the Company in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the Company. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 1 contract

Samples: Indenture (Acin LLC)

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~~ Directors or a supplemental Indenture, the Company shall fix a date for redemption and shall give notice of such redemption at least 30 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 13.03; provided, however, such notice may be given more than 60 days prior to the Redemption Date if the notice is given in connection with a satisfaction and discharge pursuant to Section 11.02(a). 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~~Redemption Date, (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~~ Redemption Date 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~~payment or if the Debt Securities of that series are subordinated pursuant to the terms of Article XII, 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~~ Redemption Date will cease to accrue, (ix) the ~~terms~~ terms, and conditions, if any, of the Debt Securities of that series pursuant to which the Debt Securities of that series are being ~~redeemed~~ redeemed, and (x) that no representation is made as to the correctness or accuracy of the CUSIP or ISIN 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 at any time, the notice of redemption shall specify the certificate numbers of ~~any~~ the Debt Securities of that series to be ~~redeemed that are not in global form~~redeemed. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the ~~date fixed for redemption~~Redemption Date, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least five days before ~~the~~ giving of any notice of redemption, unless the Trustee consents to a shorter period, the Company shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the Company to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the Company and given in writing to the Trustee, which record date shall be not less than ~~three~~ 10 days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the Company shall deposit with the Trustee or with a paying agent (or, if the Company is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to a mandatory sinking ~~fund redemptions~~fund), the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and ~~fair~~fair (or, in the case of Debt Securities represented by a Global Security, by such method as the Depositary may require), the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any ~~case~~ case, where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the Company in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the Company. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 1 contract

Samples: Indenture (EnLink Midstream, LLC)

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ Issuers 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~~ Directors of each Issuer or a supplemental Indenture, the ~~Company~~ Issuers 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~~ Issuers default 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 series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least five days before the giving of any notice of redemption, unless the Trustee consents to a shorter period, the ~~Company~~ Issuers shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the ~~Company~~ Issuers to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the ~~Company~~ Issuers and given in writing to the Trustee, which record date shall be not less than three days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the ~~Company~~ Issuers shall deposit with the Trustee or with a paying agent (or, if ~~the Company~~ an Issuer is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the ~~Company~~ Issuers in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the ~~Company~~Issuers. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 1 contract

Samples: Indenture (Copano Energy, L.L.C.)

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ Issuers 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~~ a Board Resolution of ~~the Board of Trustees~~ each Issuer or a supplemental Indenture, the ~~Company~~ Issuers shall fix a date for redemption and shall instruct the Trustee or registrar to 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~~ Issuers default in making such redemption ~~payment~~payment or if the Debt Securities of that series are subordinated pursuant to the terms of Article XII, 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~~ 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 series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least five days before the giving of any notice of redemption, unless the Trustee consents to a shorter period, the ~~Company~~ Issuers shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel ~~from the Company~~ to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the ~~Company~~ Issuers and given in writing to the Trustee, which record date shall be not less than three days after the date of notice to the Trustee. By 11 11:00 a.m., New York City time, on the Redemption Date for any Debt Securities, the ~~Company~~ Issuers shall deposit with the Trustee or with a paying agent (or, if either of the ~~Company~~ Issuers or any Subsidiary of Xxxxx Energy Partners is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) or such other authorized denomination to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the ~~Company~~ Issuers in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the ~~Company~~Issuers. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 1 contract

Samples: Indenture (Hep Slc, LLC)

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 notify the Trustee and deliver certain documents as set forth in the third paragraph of this Section 3.03 and 36 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 (ia) the date fixed for redemption, (iib) the redemption price at which Debt Securities of such series are to be ~~redeemed (or the method of calculating such redemption price)~~redeemed, (~~iii~~c) the Place or Places of Payment that payment will be made upon presentation and surrender of such Debt Securities, (ivd) that any interest accrued to the date fixed for redemption will be paid as specified in said notice, (ve) that the redemption is for a sinking fund payment (if applicable), (vif) that, unless otherwise specified in such notice, Coupon Securities of any series, if any, surrendered for redemption must be accompanied by all Coupons maturing subsequent to the date fixed for redemption, failing which the amount of any such missing Coupon or Coupons will be deducted from the redemption price, (g) if the Bearer Securities of any series are to be redeemed and any Registered Securities of such series are not to be redeemed, and if such Bearer Securities may be exchanged for Registered Securities not subject to redemption on the applicable redemption date pursuant to Section 2.15(c) or otherwise, the last date on which such exchanges may be made, (h) that, unless the Company defaults in making such redemption ~~payment,~~ payment or the paying agent is prohibited from making such payment pursuant to the terms of this Indenture, ~~(vii) that~~ on and after ~~said~~ the redemption date any interest thereon or on the portions thereof to be redeemed will cease to accrue, (~~viii~~i) that in the case of Original Issue Discount ~~Securities~~ Securities, original issue discount accrued after the date fixed for redemption will cease to accrue, and (ixj) 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~~redeemed. If less than all the Debt Securities of a series are to be redeemed the notice of redemption shall specify the ~~certificate~~ CUSIP numbers of ~~any~~ the Debt Securities of that series to be ~~redeemed that are not in global form~~redeemed. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, and with appropriate Coupons, will be issued. At least ~~five~~ 60 days before the ~~giving of any notice of redemption,~~ redemption date unless the Trustee consents to a shorter period, the Company shall give ~~written~~ notice to the Trustee of the ~~Redemption Date~~redemption date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ ' Certificate and an Opinion of Counsel from the Company to the effect that such redemption will comply with the conditions herein~~, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02~~. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the Company and given ~~in writing~~ to the Trustee, which record date shall be not less than ~~three~~ 15 days after the date of notice to the Trustee. ~~By 11 a.m., New York City time, on~~ On or prior to the ~~Redemption Date~~ redemption date for any ~~Debt~~ Registered Securities, the Company shall deposit with the Trustee or with a paying agent (or, if the Company is acting as its own paying 37 agent, segregate and hold in trust) an amount of money in ~~Dollars~~ the Currency in which such Debt Securities are denominated (except as provided pursuant to Section 2.03) sufficient to pay the redemption ~~price~~ price, plus interest accrued to the redemption date, of such ~~Debt~~ Registered Securities or any portions thereof that are to be redeemed on that date. In the case of any redemption pertaining to Bearer Securities or Coupon Securities, ~~together~~ the Company shall, no later than the business day prior to such redemption date, deposit with ~~any~~ the Trustee or with a paying agent (other than the Company) an amount of money in the Currency in which such Debt Securities are denominated (except as provided pursuant to Section 2.03) sufficient to pay the redemption price, plus interest accrued to the ~~Redemption Date~~redemption date, of such Bearer Securities or Coupon Securities or any portion thereof that are to be redeemed on the redemption date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), ) the Trustee shall select, ~~on a pro rata basis, by lot or by~~ in such ~~other method~~ manner as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one ~~Debt~~ Registered Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one ~~Debt~~ Registered Security of such series. The Trustee shall promptly notify the Company in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such ~~Redemption Date~~redemption date, the principal, premium, if any, and interest shall bear interest until paid from the ~~Redemption Date~~ redemption date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the Company. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 1 contract

Samples: Pioneer Natural Resources Usa Inc

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ 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 ~~Trustees~~ Directors or a supplemental Indenture, the ~~Company~~ 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; provided, however, such notice may be given more than 60 days prior to the Redemption Date if the notice is given in connection with a satisfaction and discharge pursuant to Section 11.02(a). 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~~Redemption Date, (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~~ Redemption Date 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~~ Partnership defaults in making such redemption ~~payment~~payment or if the Debt Securities of that series are subordinated pursuant to the terms of Article XII, 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~~ Redemption Date 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~~ redeemed, (x) the CUSIP number, if any, printed on the Debt Securities of that series being redeemed, and (xxi) that no representation is made as to the correctness or accuracy of the CUSIP or ISIN 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 at any time, the notice of redemption shall specify the certificate numbers of ~~any~~ the Debt Securities of that series to be ~~redeemed that are not in global form~~redeemed. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the ~~date fixed for redemption~~Redemption Date, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least five days before ~~the~~ giving of any notice of redemption, unless the Trustee consents to a shorter period, the ~~Company~~ Partnership shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the ~~Company~~ Partnership to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the ~~Company~~ Partnership and given in writing to the Trustee, which record date shall be not less than ~~three~~ 15 days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the ~~Company~~ Partnership shall deposit with the Trustee or with a paying agent (or, if the ~~Company~~ Partnership is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to a mandatory sinking ~~fund redemptions~~fund), the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and ~~fair~~fair (subject to the procedures of the Depositary), the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the ~~Company~~ Partnership in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the ~~Company~~Partnership. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 1 contract

Samples: Indenture (Spectra Energy Partners, LP)

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~~ Directors 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; provided, however, such notice may be given more than 60 days prior to the Redemption Date if the notice is given in connection with a satisfaction and discharge pursuant to Section 11.02(a). 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~~Redemption Date, (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~~ Redemption Date 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~~ Redemption Date 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 or ISIN 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 at any time, the notice of redemption shall specify the certificate numbers of ~~any~~ the Debt Securities of that series to be ~~redeemed that are not in global form~~redeemed. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the ~~date fixed for redemption~~Redemption Date, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least five days before ~~the~~ giving of any notice of redemption, unless the Trustee consents to a shorter period, the Company shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the Company to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the Company and given in writing to the Trustee, which record date shall be not less than ~~three~~ 15 days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the Company shall deposit with the Trustee or with a paying agent (or, if the Company is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to a mandatory sinking ~~fund redemptions~~fund), the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the Company in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the Company. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 1 contract

Samples: Independence Land Co LLC

Notice of Redemption; Selection of Debt Securities. In case ~~the Company~~ an 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 their terms, by resolution of the Board of ~~Trustees~~ Directors 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~~Redemption Date, ~~(ii)~~ the redemption price at which Debt Securities of such series are to be redeemed (or the method of calculating such redemption ~~price~~price if it is not then determinable), ~~(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~~ Redemption Date will be ~~paid~~ paid, unless the Issuers default in making such redemption payment, 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~~ Issuers default 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~~ the Redemption 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~~ Redemption Date 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~~ the Debt Securities of that series to be ~~redeemed that~~ redeemed, unless such Debt Securities are ~~not~~ in global form. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series will be issued in principal amount equal to the unredeemed portion thereof~~, will be issued~~. At least five ~~days~~ Business Days before the giving of any notice of redemption, unless the Trustee consents to a shorter period, the Company shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series ~~and terms~~ of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ ' Certificate and an Opinion of Counsel from the Company to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the Company and given in writing to the Trustee, which record date shall be not less than three days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the Company (or any other obligor on such Debt Securities) shall deposit with the Trustee or with a paying agent (or, if the Company is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be ~~redeemed (other than pursuant to mandatory sinking fund redemptions)~~redeemed, the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed; provided, however, that if at such time such Debt Securities are represented by a Global Security, the Trustee shall have no responsibility for determining the principal amount of such Debt Securities that are to be redeemed, it being understood that such determination shall be made by the Depositary in accordance with its applicable procedures. In any case where more than one Debt Security of such series is registered in the same name, the Trustee ~~in its discretion~~ may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the Company in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the Company. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 1 contract

Samples: Indenture (Cloud Peak Energy Finance Corp.)

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~~ Directors of the Company or a supplemental ~~Indenture~~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, Coupon Securities of any series, if any, surrendered for redemption must be accompanied by all Coupons maturing subsequent to the date fixed for redemption, failing which the amount of any such missing Coupon or Coupons will be deducted from the redemption price, if the Bearer Securities of any series are to be redeemed and any Registered Securities of such series are not to be redeemed, and if such Bearer Securities may be exchanged for Registered Securities not subject to redemption on the applicable redemption date pursuant to Section 2.15(c) or otherwise, the last date on which such exchanges may be made, that, if the Company defaults in making such redemption ~~payment~~payment or if the Debt Securities of that series are subordinated pursuant to the terms of Article XII, 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~~ redeemed, and ~~(x)~~ that no representation is made as to the correctness or accuracy of the CUSIP or ISIN 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~~ redeemed, the notice of redemption shall specify the ~~certificate numbers~~ CUSIP or ISIN numbers, if any, of ~~any~~ the Debt Securities of that ~~series to be redeemed that are not in global form~~series. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, and in the case of a Bearer Security with appropriate Coupons, if any, will be issued. At least ~~five~~ two business days before the giving of any notice of ~~redemption~~redemption to Holders, unless the Trustee consents to a shorter period, the Company shall give written notice to the Trustee of the ~~Redemption Date~~redemption date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the Company to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the Company and given in writing to the Trustee, which record date shall be not less than three days after the date of notice to the Trustee. ~~By 11 a.m., New York City time, on~~ On or prior to the ~~Redemption Date~~ redemption date for any ~~Debt~~ Registered Securities, the Company shall deposit with the Trustee or with a paying agent (or, if the Company is acting as its own paying agent, segregate and hold in trust) an amount of money in ~~Dollars~~ the Currency in which such Debt Securities are denominated (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such ~~Debt~~ Registered Securities or any portions thereof that are to be redeemed on that date. In the case of any redemption pertaining to Bearer Securities or Coupon Securities, ~~together~~ the Company shall, no later than the business day prior to such redemption date, deposit with the Trustee or with a paying agent (other than the Company) an amount of money in the Currency in which such Debt Securities are denominated (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Bearer or Coupon Securities or any ~~interest accrued~~ portion thereof that are to be redeemed on the ~~Redemption Date~~redemption date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), ) the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one ~~Debt~~ Registered Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one ~~Debt~~ Registered Security of such series. The Trustee shall promptly notify the Company in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such ~~Redemption Date~~redemption date, the principal, premium, if any, and interest shall bear interest until paid from the ~~Redemption Date~~ redemption date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the Company. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 1 contract

Samples: Pioneer Natural Resources Co

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ Issuers 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~~ a Board Resolution of ~~the Board of Trustees~~ each Issuer or a supplemental Indenture, the ~~Company~~ Issuers 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, that, if the ~~Company defaults~~ Issuers default 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~~ the Debt Securities of that series to be ~~redeemed that are not in global form~~redeemed. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least ~~five~~ 45 days but not more than 60 days before the ~~giving of any notice of redemption,~~ Redemption Date unless the Trustee consents to a shorter period, the ~~Company~~ Issuers shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel ~~from the Company~~ to the effect that such redemption will comply with the conditions herein~~, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02~~. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the ~~Company~~ Issuers and given in writing to the Trustee, which record date shall be not less than ~~three~~ 15 days after the date of notice to the Trustee. By 11 11:00 a.m., New York City time, on the Redemption Date for any Debt Securities, the ~~Company~~ Issuers shall deposit with the Trustee or with a paying agent (or, if either of the ~~Company~~ Issuers or any Subsidiary of Hxxxx Energy Partners is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the ~~Company~~ Issuers in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the ~~Company~~Issuers. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 1 contract

Samples: Senior Indenture (HEP Mountain Home, L.L.C.)

Notice of Redemption; Selection of Debt Securities. In case ~~the Company~~ an 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 their terms, by resolution of the Board of ~~Trustees~~ Directors 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~~Redemption Date, ~~(ii)~~ the redemption price at which Debt Securities of such series are to be redeemed (or the method of calculating such redemption ~~price~~price if it is not then determinable), ~~(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~~ Redemption Date will be ~~paid~~ paid, unless the Issuers default in making such redemption payment, 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~~ Issuers default in making such redemption ~~payment,~~ payment or if the Debt Securities of that series are subordinated pursuant to the terms of Article XII the paying agent is prohibited from making such payment pursuant to the terms of this Indenture, ~~(vii) that~~ on and after ~~said date~~ the Redemption 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~~ Redemption Date 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~~ the Debt Securities of that series to be ~~redeemed that~~ redeemed, unless such Debt Securities are ~~not~~ in global form. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series will be issued in principal amount equal to the unredeemed portion thereof~~, will be issued~~. At least five ~~days~~ Business Days before the giving of any notice of redemption, unless the Trustee consents to a shorter period, the Company shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series ~~and terms~~ of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ ' Certificate and an Opinion of Counsel from the Company to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the Company and given in writing to the Trustee, which record date shall be not less than three days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the Company (or any other obligor on such Debt Securities) shall deposit with the Trustee or with a paying agent (or, if the Company is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be ~~redeemed (other than pursuant to mandatory sinking fund redemptions)~~redeemed, the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed; provided, however, that if at such time such Debt Securities are represented by a Global Security, the Trustee shall have no responsibility for determining the principal amount of such Debt Securities that are to be redeemed, it being understood that such determination shall be made by the Depositary in accordance with its applicable procedures. In any case where more than one Debt Security of such series is registered in the same name, the Trustee ~~in its discretion~~ may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the Company in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the Company. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 1 contract

Samples: Indenture (Cloud Peak Energy Finance Corp.)

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~~Series, as evidenced by ~~resolution of the~~ a Board ~~of Trustees or a supplemental Indenture~~Resolution, ~~the Company~~ it shall fix a date for redemption and ~~shall~~ give notice of such redemption by first-class mail, postage prepaid, at least ~~30 and not more than 60~~ thirty (30) days prior to the date fixed for redemption to the Trustee and to the Holders of Debt Securities ~~of such series~~ so to be redeemed as a whole or in ~~part~~part at their last addresses as the same appear on the Debt Security register; provided, that if fewer than all of the Debt Securities of a Series and tenor are to be redeemed, the Company will give the Trustee notice not less than thirty-five (35) days prior to the redemption date as to the aggregate principal amount of Debt Securities of such Series and tenor to be redeemed, and the Trustee shall select pro rata, by lot or in such other manner as in its sole discretion it shall deem appropriate and fair, the ~~manner provided in Section 13.03~~Debt Securities of such Series and tenor to be redeemed. The ~~notice~~ notice, if ~~given~~ delivered in the manner herein ~~provided~~ 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 as provided herein 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~~Security. Each such notice of redemption shall specify ~~(i)~~ the date fixed for redemption, ~~(ii)~~ the “CUSIP” numbers and/or other similar security identifying numbers of the Debt Securities to be redeemed, the redemption price at which such Debt Securities ~~of such series~~ are to be ~~redeemed (~~redeemed, whether the redemption is through operation of a sinking, purchase or analogous fund, the ~~method~~ place of ~~calculating such redemption price)~~payment, ~~(iii) the Place or Places of Payment~~ that payment will be made upon presentation and surrender of such Debt Securities, that the premium (ivif any) ~~that any~~ and interest accrued and unpaid (if any) 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) and 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 series~~ is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of ~~that series~~ the same Series and tenor, of authorized denominations, in principal amount equal to the unredeemed portion ~~thereof,~~ thereof will be issued. At least five days before the giving of any notice of redemption, unless the Trustee consents to a shorter period, the Company shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the Company to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time On or prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the Company and given in writing to the Trustee, which record date shall be not less than three days after the date of notice to the Trustee. By 11 10:00 a.m., New York City time, on the ~~Redemption Date for any Debt Securities~~redemption date specified in the notice of redemption given as provided in this Section 4.02, the Company ~~shall~~ will deposit with the Trustee or with a one or more paying ~~agent~~ agents (or, if the Company is acting as its own paying agent, the Company will segregate and hold in ~~trust~~trust as provided in Section 5.04) an amount of money sufficient to redeem on the redemption date all of the Debt Securities so called for redemption at the applicable redemption price, together with the premium (if any) and accrued and unpaid interest (if any) to the date fixed for redemption. The Trustee or any paying agent (other than the Company) shall promptly return to the Company any money deposited with the Trustee or any such paying agent by the Company in ~~Dollars (except as provided pursuant to Section 2.03) sufficient~~ excess of the amount necessary to pay the redemption ~~price of such Debt Securities or any portions thereof that are to be redeemed on that date~~price, ~~together with any~~ premium (if any) and accrued and unpaid interest ~~accrued~~ (if any) to the ~~Redemption Date. If less than all~~ redemption date on the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the Company in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be ~~redeemed shall be selected by the Company. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption~~redeemed.

Appears in 1 contract

Samples: Indenture (Coca-Cola Consolidated, Inc.)

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ 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 ~~Trustees~~ Directors or a supplemental Indenture, the ~~Company~~ 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. 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~~Redemption Date, (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~~ Redemption Date 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~~ Partnership 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~~ Redemption Date 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 or ISIN 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 at any time, the notice of redemption shall ~~specify~~ identify the ~~certificate numbers of any~~ particular Debt Securities (or portion thereof) of that series to be ~~redeemed that are not in global form~~redeemed. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the ~~date fixed for redemption~~Redemption Date, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion ~~thereof,~~ thereof will be issued. At least ~~five~~ 45 days but not more than 60 days before the ~~giving of any notice of redemption~~redemption date, unless the Trustee consents to a shorter period, the ~~Company~~ Partnership shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the ~~Company~~ Partnership to the effect that such redemption will comply with the conditions herein~~, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02~~. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the ~~Company~~ Partnership and given in writing to the Trustee, which record date shall be not less than ~~three~~ 15 days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the ~~Company~~ Partnership shall deposit with the Trustee or with a paying agent (or, if the ~~Company~~ Partnership is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the ~~Company~~ Partnership in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the ~~Company~~Partnership. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 1 contract

Samples: Indenture (Te Products Pipeline Co LLC)

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ 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 ~~Trustees~~ Directors 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, that, if the ~~Company~~ Partnership 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~~ the Debt Securities of that series to be ~~redeemed that are not in global form~~redeemed. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least ~~five~~ 45 days but not more than 60 days before the ~~giving of any notice of redemption,~~ Redemption Date unless the Trustee consents to a shorter period, the Company shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ ' Certificate and an Opinion of Counsel from the Company to the effect that such redemption will comply with the conditions herein~~, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02~~. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the Company and given in writing to the Trustee, which record date shall be not less than ~~three~~ 15 days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the Company shall deposit with the Trustee or with a paying agent (or, if the Company is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be ~~redeemed (other than pursuant to mandatory sinking fund redemptions)~~redeemed, the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the Company in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the Company. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 1 contract

Samples: Pacific Energy Group LLC

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ Issuers 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~~ a Board Resolution of ~~the Board of Trustees~~ each Issuer or a supplemental Indenture, the ~~Company~~ Issuers shall fix a date for redemption and shall instruct the Trustee or registrar to 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~~ Issuers default 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~~ 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 series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least five days before the giving of any notice of redemption, unless the Trustee consents to a shorter period, the ~~Company~~ Issuers shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel ~~from the Company~~ to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the ~~Company~~ Issuers and given in writing to the Trustee, which record date shall be not less than three days after the date of notice to the Trustee. By 11 11:00 a.m., New York City time, on the Redemption Date for any Debt Securities, the ~~Company~~ Issuers shall deposit with the Trustee or with a paying agent (or, if either of the ~~Company~~ Issuers or any Subsidiary of Xxxxx Energy Partners is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) or such other authorized denomination to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the ~~Company~~ Issuers in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate or Yield to Maturity (in the case of Original Issue Discount Debt Securities) borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the ~~Company~~Issuers. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 1 contract

Samples: Indenture (Hep Slc, LLC)

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ 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 ~~Trustees~~ Directors or a supplemental Indenture, the ~~Company~~ 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. 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~~ Partnership 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 series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least five days before the giving of any notice of redemption, unless the Trustee consents to a shorter period, the ~~Company~~ Partnership shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the ~~Company~~ Partnership to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the ~~Company~~ Partnership and given in writing to the Trustee, which record date shall be not less than three days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the ~~Company~~ Partnership shall deposit with the Trustee or with a paying agent (or, if the ~~Company~~ Partnership is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the ~~Company~~ Partnership in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the ~~Company~~Partnership. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 1 contract

Samples: Indenture (Magellan Midstream Partners Lp)

Notice of Redemption; Selection of Debt Securities. In case the ~~Company~~ 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 pursuant to a resolution of the ~~Board of Trustees~~ Partnership Policy Committee or a supplemental Indenture, the ~~Company~~ 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~~12.03. 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, that, if the ~~Company~~ Partnership defaults in making such redemption payment, the ~~paying agent~~ 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~~ the Debt Securities of that series to be ~~redeemed that are not in global form~~redeemed. In case any Debt Security of a series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least ~~five~~ 45 days but not more than 60 days before the ~~giving of any notice of redemption,~~ Redemption Date (unless the Trustee consents to a shorter period), the ~~Company~~ Partnership shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ ' Certificate and an Opinion of Counsel from the ~~Company~~ Partnership to the effect that such redemption will comply with the conditions herein~~, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02~~. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the ~~Company~~ Partnership and given in writing to the Trustee, which record date shall be not less than ~~three~~ 15 days after the date of notice to the Trustee. By 11 11:00 a.m., New York City time, on the Redemption Date for any Debt Securities, the ~~Company~~ Partnership shall deposit with the Trustee or with a ~~paying agent~~ Paying Agent (or, if the ~~Company~~ Partnership is acting as its own ~~paying agent~~Paying Agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be ~~redeemed (other than pursuant to mandatory sinking fund redemptions)~~redeemed, the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the ~~Company~~ Partnership in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the ~~Company~~Partnership. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 1 contract

Samples: Northern Border Partners Lp

Notice of Redemption; Selection of Debt Securities. In case the Company shall desire to exercise the right to redeem ~~all~~ all, or, as the case may be, any part of the Debt ~~Securities of any series in accordance with their terms~~Securities, ~~by resolution of the Board of Trustees or a supplemental Indenture, the Company~~ it shall fix a date for redemption and shall ~~give~~ 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~~ holders of Debt Securities ~~of such series~~ so to be redeemed as a whole or in ~~part, in~~ part at their last addresses as the ~~manner provided in Section 13.03~~same appear on the Debt Security Register. Such mailing shall be by first class mail. The notice if ~~given~~ mailed in the manner herein provided shall be conclusively presumed to have been duly given, whether or not the ~~Holder~~ holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice to the ~~Holder~~ 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~~ Security. The Debt Securities may be called for redemption only as to all of ~~such series~~the Debt Securities or portions thereof (in integral multiples of $1,000) pro rata among all Securityholders based upon the aggregate amount of Debt Securities held by each Securityholder. Each such notice of redemption shall specify ~~(i)~~ the CUSIP number, if any, of the Debt Securities to be redeemed, the date fixed for redemption, ~~(ii)~~ the redemption price at which Debt Securities ~~of such series~~ are to be ~~redeemed (~~redeemed, the place or places of payment, that payment, in the ~~method~~ case of ~~calculating such redemption price)~~certificated Debt Securities, ~~(iii) the Place or Places of Payment that payment~~ will be made upon presentation and surrender of such certificated Debt ~~Securities~~Securities (unless presentation and surrender is waived by the Company), ~~(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) and 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~~ the Debt Securities ~~of that series~~ to be ~~redeemed that are not in global form~~redeemed. In case ~~any~~ the Debt ~~Security of a series is~~ Securities are to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, and, in the case of a certificated Debt Security, only upon surrender of such certificated Debt Security, a new Debt Security or Debt Securities ~~of that series~~ in principal amount equal to the unredeemed portion ~~thereof,~~ thereof will be issued. ~~At least five days before~~ Prior to 10:00 a.m. North Carolina time on the ~~giving of any~~ Redemption Date or the Special Redemption Date specified in the notice of ~~redemption, unless the Trustee consents to a shorter period~~redemption given as provided in this Section, the Company ~~shall give written notice to the Trustee of the Redemption Date, the principal~~ will deposit with one or more Paying Agents an amount of ~~Debt Securities~~ money sufficient to ~~be redeemed and~~ redeem on the ~~series and terms of the Debt Securities pursuant to which such~~ redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the Company to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than date all the Debt Securities ~~of a series are to be redeemed,~~ so called for redemption at the ~~record date relating to such~~ appropriate redemption shall be selected by the Company and given in writing to the Trustee, which record date shall be not less than three days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the Company shall deposit with the Trustee or with a paying agent (or, if the Company is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that dateprice, together with ~~any~~ accrued interest ~~accrued~~ to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the Company in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the Company. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called date fixed for redemption.

Appears in 1 contract

Samples: Securityholders Agreement (Uwharrie Capital Corp)

Notice of Redemption; Selection of Debt Securities. In case the Company shall desire to exercise the right to redeem ~~all~~ all, or, as the case may be, any part of the Debt ~~Securities of any series in accordance with their terms~~Securities, ~~by resolution of the Board of Trustees or~~ it shall cause to be mailed 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~~ Redemption Date or the Special Redemption Date to the ~~Holders~~ holders of Debt Securities ~~of such series~~ so to be redeemed as a whole or in ~~part, in~~ part at their last addresses as the ~~manner provided in Section 13.03~~same appear on the Debt Security Register. Such mailing shall be by first class mail. The notice if ~~given~~ mailed in the manner herein provided shall be conclusively presumed to have been duly given, whether or not the ~~Holder~~ holder receives such notice. In any case, failure to give such notice by mail or any defect in the notice to the ~~Holder~~ 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~~Security. Each such notice of redemption shall specify ~~(i)~~ the ~~date fixed for redemption~~CUSIP number, ~~(ii)~~ if any, of the ~~redemption price~~ Debt Securities to be redeemed, the Redemption Date or the Special Redemption Date, as applicable, the Redemption Price, the Special Redemption Price or the method by which such Special Redemption Price is to be calculated, as applicable, at which Debt Securities ~~of such series~~ are to be ~~redeemed (~~redeemed, the place or ~~the method~~ places of ~~calculating such redemption price)~~payment, ~~(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) and 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~~ the Debt Securities ~~of that series~~ to be ~~redeemed that are not in global form~~redeemed. In case ~~any~~ the Debt ~~Security of a series is~~ Securities are to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities ~~of that series~~ in principal amount equal to the unredeemed portion ~~thereof,~~ thereof will be issued. ~~At least five days before~~ Prior to 10:00 a.m. New York City time on the ~~giving of any notice of redemption~~Redemption Date or Special Redemption Date, ~~unless the Trustee consents to a shorter period~~as applicable, the Company ~~shall give written notice to~~ will deposit with the Trustee or with one or more paying agents an amount of money sufficient to redeem on the Redemption Date or the Special Redemption Date, as applicable, all the Debt Securities so called for redemption at the appropriate Redemption Price or Special Redemption Price, together with accrued interest to the Redemption Date or Special Redemption Date, as applicable. If all, or less than all, the Debt Securities are to be redeemed, the Company will give the Trustee notice not less than 45 nor more than 60 days, respectively, prior to the Redemption Date or Special Redemption Date, as applicable, as to the aggregate principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the Company to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the Company and given in writing to the Trustee, which record date shall be not less than three days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the Company shall deposit with the Trustee or with a paying agent (or, if the Company is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), the Trustee shall select, ~~on a pro rata basis, by lot or by~~ in such ~~other method~~ manner as in its sole discretion it shall deem appropriate and fair, the Debt Securities ~~of that series~~ or portions thereof (in integral multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the Company in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the Company. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 1 contract

Samples: Tib Financial Corp.

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~~ shall, in the manner provided in Section 13.03, 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 44 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),~~ redeemed; (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, Coupon Securities of any series, if any, surrendered for redemption must be accompanied by all Coupons maturing subsequent to the date fixed for redemption, failing which the amount of any such missing Coupon or Coupons will be deducted from the redemption price; (vii) if the Bearer Securities of any series are to be redeemed and any Registered Securities of such series are not to be redeemed, and if such Bearer Securities may be exchanged for Registered Securities not subject to redemption on the applicable redemption date pursuant to Section 2.15(c) or otherwise, the last date on which such exchanges may be made; (viii) that, unless the Company defaults in making such redemption ~~payment,~~ payment or unless the Debt Securities of that series are subordinated pursuant to the terms of Article XII and 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~~accrue and, ~~(viii) that~~ in the case of Original Issue Discount ~~Securities~~ 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~~ redeemed; (x) the CUSIP number or numbers, if any, printed on the Debt Securities of that Series; and (xxi) that no representation is made as to the correctness or accuracy of the CUSIP number, if any, listed in such notice or and 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 series is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, and in the case of a Bearer Security with appropriate Coupons, if any, will be issued. At least ~~five~~ 60 days before the ~~giving of any notice of redemption,~~ redemption date (unless the Trustee consents to a shorter period), the Company shall give ~~written~~ notice to the Trustee in writing of the ~~Redemption Date~~redemption date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ ' Certificate and an Opinion 45 of Counsel from the Company to the effect that such redemption will comply with the conditions herein~~, and such notice may be revoked at any time prior~~ . Prior to the ~~giving of a notice of~~ redemption ~~to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record~~ date relating to such redemption shall be selected by the Company and given in writing to the Trustee, which record date shall be not less than three days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any ~~Debt~~ Registered Securities, the Company shall deposit with the Trustee or with a paying agent (or, if the Company is acting as its own paying agent, segregate and hold in trust) an amount of money in ~~Dollars~~ the Currency in which such Debt Securities are denominated (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such ~~Debt~~ Registered Securities or any portions thereof that are to be redeemed on that date. In the case of any redemption pertaining to Bearer Securities or Coupon Securities, ~~together~~ the Company shall, no later than such redemption date, deposit with the Trustee or with a paying agent (other than the Company) an amount of money in the Currency in which such Debt Securities are denominated (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Bearer or Coupon Securities or any ~~interest accrued~~ portion thereof that are to be redeemed on the ~~Redemption Date~~redemption date. If ~~less~~ fewer than all the Debt Securities of ~~like tenor and terms of~~ a series are to be ~~redeemed (other than pursuant to mandatory sinking fund redemptions)~~redeemed, the Trustee shall ~~select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair,~~ select the Debt Securities of that series or portions thereof (in multiples of $~~1,000~~1,000 or the minimum authorized denomination for the Debt Securities of that series, whichever is greater) to be ~~redeemed~~redeemed by lot or by such other method as the Trustee considers fair and appropriate (and in such manner as complies with applicable requirements of any securities exchange on which the Debt Securities of such series are listed). In any case where more than one ~~Debt~~ Registered Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one ~~Debt~~ Registered Security of such series. The Trustee shall promptly notify the Company in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such ~~Redemption Date~~redemption date, the ~~principal~~principal of, premium, if any, and interest on such Debt Securities shall bear interest until paid from the ~~Redemption Date~~ redemption date at the rate borne by the Debt Securities of that series~~. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the Company~~. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.

Appears in 1 contract

Samples: Guarantee Agreement (Methanex Corp)

Notice of Redemption; Selection of Debt Securities. In case the Company shall desire to exercise the right to redeem ~~all~~ all, or, as the case may be, any part of ~~the~~ a series of Debt Securities ~~of any series in accordance with their terms, by resolution of the Board of Trustees or a supplemental Indenture~~pursuant to Section 4.01, the Company shall fix a date for redemption and the Company, or, at the Company's request, the Trustee in the name of and at the expense of the Company, shall ~~give~~ 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~~ so to be redeemed as a whole or in ~~part, in~~ part at their last addresses as the ~~manner provided in Section 13.03~~same appear on the Debt Securities Register. Such mailing shall be by first class mail. The notice if ~~given~~ 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 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~~Security. ~~Each such notice~~ Notice of redemption shall be given in the name of the Company and shall specify ~~(i)~~ the date fixed for redemption, ~~(ii)~~ the redemption price at which Debt Securities of ~~such~~ any series are to be ~~redeemed~~ redeemed, the place of payment (which shall be at the offices or agencies to be maintained by the ~~method of calculating such redemption price~~Company pursuant to Section 5.02), ~~(iii) the Place or Places of Payment~~ that payment of the redemption price 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~~ and the Section of this Indenture pursuant to which Debt Securities will be redeemed. In 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~~ less than all 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 any series are to be ~~redeemed~~ redeemed, the notice of redemption shall ~~specify~~ also identify the ~~certificate numbers of any~~ particular Debt Securities ~~of that series~~ to be redeemed as a whole or in part and shall state that ~~are not in global form~~the redemption is for the sinking fund, if such is the case. In case any Debt Security ~~of a series~~ is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of that series in principal amount equal to the unredeemed portion thereof, will be issued. At least five days before the giving of any notice of redemption, unless the Trustee consents to a shorter period, the Company shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the Company to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the Company and given in writing to the Trustee, which record date shall be not less than three days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the Company shall deposit with the Trustee or with a paying agent (or, if the Company is acting as its own paying agent, segregate and hold in trust) an amount of money in Dollars (except as provided pursuant to Section 2.03) sufficient to pay the redemption price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the Company in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption shall not be so paid upon surrender thereof on such Redemption Date, the principal, premium, if any, and interest shall bear interest until paid from the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the Company. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called for redemption.of

Appears in 1 contract

Samples: Indenture (Johnson Controls Inc)

Notice of Redemption; Selection of Debt Securities. In case the Company shall desire to exercise the right to redeem ~~all~~ all, or, as the case may be, any part of the Debt Securities of any ~~series in accordance with their terms~~series, as evidenced by ~~resolution of the~~ a Board ~~of Trustees or a supplemental Indenture~~Resolution, ~~the Company~~ it shall fix a date for redemption and ~~shall~~ give notice of such redemption by first class mail postage prepaid at least 30 thirty and not more than 60 ninety days prior to the date fixed for redemption to the ~~Holders~~ Trustee and to the holders of Debt Securities ~~of such series~~ so to be redeemed as a whole or in ~~part~~part at their last addresses as the same appear on the Debt Security register, provided that if fewer than all the Debt Securities of a series and tenor are to be redeemed the Company will give the Trustee notice not less than sixty days prior to the redemption date as to the aggregate principal amount of Debt Securities of such series and tenor to be redeemed and the Trustee shall select pro rata, by lot, or in such other manner as in its sole discretion it shall deem appropriate and fair, the ~~manner provided in Section 13.03~~Debt Securities of such series and tenor or portions thereof to be redeemed. The notice if ~~given~~ 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 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~~Security. Each such notice of redemption shall specify ~~(i)~~ the date fixed for redemption, ~~(ii)~~ the CUSIP number of the Debt Securities to be redeemed, the redemption price at which such Debt Securities ~~of such series~~ are to be ~~redeemed (~~redeemed, whether the redemption is through operation of a sinking, purchase or analogous fund, the ~~method~~ place of ~~calculating such redemption price)~~payment, ~~(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 (if any) 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) and 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~~ fewer than all the Debt Securities of a series are to be ~~redeemed~~ 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~~redeemed. In case any Debt Security ~~of a series~~ is to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Debt Security, a new Debt Security or Debt Securities of ~~that~~ the same series and tenor, of authorized denominations, in principal amount equal to the unredeemed portion ~~thereof,~~ thereof will be issued. ~~At least five days before~~ On or prior to 10:00 a.m. New York City time on the ~~giving of any~~ redemption date specified in the notice of ~~redemption, unless the Trustee consents to a shorter period~~redemption given as provided in this Section 4.02, the Company shall give written notice to the Trustee of the Redemption Date, the principal amount of Debt Securities to be redeemed and the series and terms of the Debt Securities pursuant to which such redemption will occur. Such notice shall be accompanied by an Officers’ Certificate and an Opinion of Counsel from the Company to the effect that such redemption will comply with the conditions herein, and such notice may be revoked at any time prior to the giving of a notice of redemption to the Holders pursuant to this Section 3.02. If fewer than all the Debt Securities of a series are to be redeemed, the record date relating to such redemption shall be selected by the Company and given in writing to the Trustee, which record date shall be not less than three days after the date of notice to the Trustee. By 11 a.m., New York City time, on the Redemption Date for any Debt Securities, the Company shall deposit with the Trustee or with a one or more paying ~~agent~~ agents (or, if the Company is acting as its own paying agent, segregate and hold in ~~trust~~trust as provided in Section 5.04) an amount of money ~~in Dollars (except as provided pursuant to Section 2.03)~~ sufficient to ~~pay~~ redeem on the redemption ~~price of such Debt Securities or any portions thereof that are to be redeemed on that date, together with any interest accrued to the Redemption Date. If less than~~ date all the Debt Securities of like tenor and terms of a series are to be redeemed (other than pursuant to mandatory sinking fund redemptions), the Trustee shall select, on a pro rata basis, by lot or by such other method as in its sole discretion it shall deem appropriate and fair, the Debt Securities of that series or portions thereof (in multiples of $1,000) to be redeemed. In any case where more than one Debt Security of such series is registered in the same name, the Trustee in its discretion may treat the aggregate principal amount so registered as if it were represented by one Debt Security of such series. The Trustee shall promptly notify the Company in writing of the Debt Securities selected for redemption and, in the case of any Debt Securities selected for partial redemption, the principal amount thereof to be redeemed. If any Debt Security called for redemption ~~shall not be so paid upon surrender thereof on such Redemption Date~~at the applicable redemption price, ~~the principal, premium,~~ together with accrued interest (if any~~, and interest shall bear interest until paid from~~ ) to the Redemption Date at the rate borne by the Debt Securities of that series. If less than all the Debt Securities of unlike tenor and terms of a series are to be redeemed, the particular Debt Securities to be redeemed shall be selected by the Company. Provisions of this Indenture that apply to Debt Securities called for redemption also apply to portions of Debt Securities called date fixed for redemption.

Appears in 1 contract

Samples: Nucor Corp

Common use of Notice of Redemption; Selection of Debt Securities Clause in Contracts