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

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, selection of Notes for redemption will be made by the Trustee in compliance with the requirements of the principal national securities exchange or trading system, if any, on which the Notes are listed or accepted for trading, or, if the Notes are not so listed or accepted for trading, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate and in accordance with methods generally used at the time of selection by fiduciaries in similar circumstances. If any Note is to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making such redemption payment. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 or whole multiples of $1,000, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 8 contracts

Samples: Pledge Agreement (Pg&e National Energy Group Inc), Pledge Agreement (Pg&e National Energy Group Inc), Pledge Agreement (Pg&e National Energy Group Inc)

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Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, selection of Notes for redemption will shall be made by the Trustee in compliance with the requirements of the principal national securities exchange or trading systemexchange, if any, on which the Notes are listed or accepted for tradinglisted, or, if the Notes are not so listed or accepted for tradinglisted, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate and appropriate; provided that no Notes of $1,000 or less shall be redeemed in accordance with methods generally used part. Notices of redemption shall be mailed by first class mail at least 30 but not more than 60 days before the time redemption date to each Holder of selection by fiduciaries in similar circumstancesNotes to be redeemed at its registered address. Notices of redemption may not be conditional. If any Note is to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will shall be issued in the name of the Holder thereof upon cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof of them called for redemption unless the Issuer defaults in making such redemption paymentredemption. The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 or whole multiples of $1,000, ; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 7 contracts

Samples: Indenture (L-3 Communications Cincinnati Electronics CORP), Indenture (Microdyne Corp), Indenture (L 3 Communications Holdings Inc)

Selection of Notes to Be Redeemed. If less fewer than all of the Notes are to be redeemed at any timeredeemed, selection of the Notes for redemption to be redeemed will be made by the Trustee in compliance with the requirements of the principal national securities exchange or trading systemexchange, if any, on which the Notes are listed or accepted for trading, or, if the Notes are not so then listed or accepted for tradingon a national securities exchange, on a pro rata basis, by lot or in such other fair and reasonable manner chosen at the discretion of the Trustee; provided, however, that if a partial redemption is made with the proceeds of a Public Equity Offering, selection of the Notes or portion thereof for redemption shall be made by the Trustee only on a pro rata basis, unless such method as is otherwise prohibited. The Company shall promptly notify the Trustee shall deem fair and appropriate and the Paying Agent in accordance with methods generally used at the time of selection by fiduciaries in similar circumstances. If any Note is to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion writing of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in date of listing and the name of the Holder thereof upon cancellation of securities exchange if and when the original Note. Notes called for redemption become due are listed on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making such redemption paymenta principal national securities exchange. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption and shall promptly notify the Issuer Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts denominations of $1,000 may be redeemed only in whole. The Trustee may select for redemption portions (equal to $1,000 or whole multiples any integral multiple thereof) of the principal of Notes that have denominations larger than $1,000, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 6 contracts

Samples: Indenture (Amida Industries Inc), Indenture (Terex Corp), Indenture (Terex Corp)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, selection of Notes for redemption will be made by the Trustee shall select the Notes to be redeemed among the Holders of the Notes in compliance with the requirements of the principal national securities exchange or trading systemexchange, if any, on which the Notes are listed or accepted for trading, or, if the Notes are not so listed or accepted for tradinglisted, to be redeemed among the Holders of Notes on a pro rata basis, by lot or by such method as the Trustee shall deem deems fair and appropriate and appropriate; provided that no Notes of $1,000 or less shall be redeemed in accordance with methods generally used at part. In the time event of selection partial redemption by fiduciaries in similar circumstances. If any Note is lot, the particular Notes to be redeemed in part onlyshall be selected, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal unless otherwise provided herein, not less than 30 nor more than 60 days prior to the unredeemed portion thereof will be issued in redemption date by the name of Trustee from the Holder thereof upon cancellation of the original Note. outstanding Notes not previously called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making such redemption payment. The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 or whole multiples of $1,000, ; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon cancellation of the original Note. Notes called for redemption shall become due on the redemption date. On and after the redemption date, interest ceases to accrue on Notes or portions of them called for redemption. Except as provided in the preceding sentencethis Section 3.02, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 6 contracts

Samples: Indenture (Pegasus Communications Corp), Indenture (Pegasus Satellite Communications Inc), Indenture (Pegasus Communications Corp)

Selection of Notes to Be Redeemed. If (a) In the event that less than all of the Notes are to be redeemed at any time, selection of the Notes for redemption will to be redeemed shall be made by the Trustee in compliance with the requirements of the principal national securities exchange or trading system, if any, on which the Notes are listed or accepted for trading, or, if the Notes are not so listed or accepted for trading, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate and equitable; provided, however, that no Notes of a principal amount of $1,000 or less shall be redeemed in accordance part; provided, further, that if a partial redemption is made with methods generally used at the time proceeds of any Equity Offering, selection of the Notes or portions thereof for redemption shall be made by fiduciaries the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depositary), unless such method is otherwise prohibited. The Trustee shall make the selection from the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Company in similar circumstanceswriting of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount of the Notes to be redeemed. If any Note is In the event of a partial redemption by lot, the Trustee shall select the particular Notes to be redeemed not less than 30 nor more than 60 days prior to the relevant Redemption Date from the Outstanding Notes not previously called for redemption. The Company may redeem Notes in part only, the notice denominations of $1,000 only in whole. The Trustee may select for redemption that relates portions (equal to such Note shall state the portion $1,000 or any integral multiple of $1,000) of the principal amount thereof to be redeemedof Notes that have denominations larger than $1,000. A new Note in a principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the redemption dateRedemption Date, interest ceases will cease to accrue on Notes or portions thereof called for redemption unless as long as the Issuer defaults Company has made a deposit with the Paying Agent in making such redemption payment. The Trustee shall promptly notify the Issuer U.S. legal tender in writing satisfaction of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof applicable Redemption Price pursuant to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 or whole multiples of $1,000, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemptionIndenture.

Appears in 4 contracts

Samples: Indenture (Healthsouth Corp), Healthsouth Corp, Indenture (Healthsouth Corp)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, selection of Notes for redemption will be made by the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange or trading system, if any, on which the Notes are listed listed; or accepted for trading, or, (2) if the Notes are not so listed or accepted for tradingon any national securities exchange, on a pro rata basis (except that any Notes represented by a Global Note will be redeemed by such method as the Depository may require). In the event of partial redemption other than on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate and in accordance with methods generally used at the time of selection by fiduciaries in similar circumstances. If any Note is particular Notes to be redeemed in part onlyshall be selected, not less than three (3) Business Days (unless a shorter period shall be agreeable to the Trustee) prior to the giving of notice of the redemption that relates pursuant to such Note shall state Section 3.03, by the portion of Trustee from the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon cancellation of the original Note. outstanding Notes not previously called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making such redemption payment. The Trustee shall promptly notify the Issuer Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 2,000 or whole integral multiples of $1,000, 1,000 in excess of $2,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not $2,000 or a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the immediately preceding paragraph of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination.

Appears in 4 contracts

Samples: Indenture (Global Partners Lp), Indenture (Global Partners Lp), Supplemental Indenture (Global Partners Lp)

Selection of Notes to Be Redeemed. If less than all of The Trustee shall select the Notes are to be redeemed at any time, selection of Notes for redemption will be made by among the Trustee Holders in compliance with the requirements of the principal national securities exchange or trading systemexchange, if any, on which the Notes are listed or accepted for trading, or, if the Notes are not so listed or accepted for tradinglisted, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate (and in accordance a manner that complies with methods generally used applicable requirements of the Depositary); provided that no Notes of $2,000 or less shall be redeemed in part except if all of the Notes of a Holder are to be redeemed or repurchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000 or even if the Notes do not have denominations larger than $2,000, shall be redeemed or repurchased. Notices of redemption shall be sent electronically (to the extent permitted by applicable procedures or regulations) or mailed by first class mail at least 30 but not more than 60 days before the time redemption date to each Holder of selection by fiduciaries in similar circumstancesNotes to be redeemed at its registered address. If any Note is to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof of the original Note will be issued in the name of the Holder thereof upon cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof of them called for redemption unless the Issuer defaults in making such redemption paymentredemption. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption and shall promptly notify the Issuer Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 or whole multiples of $1,000, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 4 contracts

Samples: Toys R Us Property Co II, LLC, Toys R Us Inc, Toys R Us Inc

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, selection of Notes for redemption will shall be made by the Trustee in compliance with the requirements of the principal national securities exchange or trading systemexchange, if any, on which the Notes are listed or accepted for tradinglisted, or, if the Notes are not so listed or accepted for tradinglisted, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate and appropriate; provided that no Notes of $1,000 or less shall be redeemed in accordance with methods generally used at part. In the time event of selection partial redemption by fiduciaries in similar circumstances. If any Note is lot, the particular Notes to be redeemed in part onlyshall be selected, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal unless otherwise provided herein, not less than 30 nor more than 60 days prior to the unredeemed portion thereof will be issued in redemption date by the name of Trustee from the Holder thereof upon cancellation of the original Note. outstanding Notes not previously called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making such redemption payment. The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 or whole multiples of $1,000, ; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. A new Note in principal amount equal to the unredeemed portion thereof shall be issued in the name of the Holder thereof upon cancellation of the original Note. On and after the redemption date, unless the Company defaults in payment of the redemption price, interest ceases to accrue on Notes or portions of them called for redemption. Except as provided in the preceding sentencethis Section 3.2, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.2 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination.

Appears in 4 contracts

Samples: Indenture (Cumulus Media Inc), Indenture (Lomak Petroleum Inc), Canton Oil & Gas Co

Selection of Notes to Be Redeemed. If less than all of the Notes of a series are to be redeemed at any timeredeemed, selection of Notes for redemption will be made by the Trustee in compliance shall select the Notes of such series to be redeemed by a method that complies with the requirements of the principal national securities exchange Applicable Securities Exchange (which requirements shall be provided or trading systemcaused to be provided by the Issuer to the Trustee), if any, on which the Notes are listed or accepted for trading, quoted or, if the Notes are not so listed or accepted for tradinglisted, on a pro rata basis, basis by lot or by such any other method as that the Trustee shall deem considers fair and appropriate appropriate. The Trustee shall make the selection not more than 45 days before the Redemption Date from Notes of such series outstanding and in accordance with methods generally used at the time of selection by fiduciaries in similar circumstancesnot previously called for redemption. If any Note is to be redeemed in part only, the notice of The Trustee may select for redemption that relates to such Note shall state the a portion of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making such redemption payment. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemedNotes of such series that have a denomination larger than $1,000. Notes and portions of Notes selected shall thereof will be redeemed in amounts the amount of $1,000 or whole integral multiples of $1,000, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall notify the Issuer promptly of the Notes or portions of Notes to be called for redemption. If any Note selected for partial redemption is converted in part after such selection, the converted portion of such Note shall be deemed (so far as may be deemed) to be the portion to be selected for redemption. The Notes (or portion thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Note is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Notes, the Issuer and the Trustee may treat as outstanding any Notes surrendered for conversion during the period of 15 days next preceding the mailing of a notice of redemption and need not treat as outstanding any Note authenticated and delivered during such period in exchange for the unconverted portion of any Note converted in part during such period.

Appears in 4 contracts

Samples: Indenture (Nortel Networks Corp), Indenture (Nortel Networks Corp), Indenture (Nortel Networks LTD)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, selection of the Trustee (or Registrar if other than the Trustee) shall select Notes for redemption will be made by the Trustee in compliance with the requirements of the principal national securities exchange or trading system, if any, on which the Notes are listed or accepted for trading, or, if the Notes are not so listed or accepted for trading, on a pro rata basis, basis to the extent practicable or by lot or by such other similar method as the Trustee shall deem fair and appropriate and in accordance with methods generally used at the time procedures of selection the Depository, unless otherwise required by fiduciaries in similar circumstanceslaw or applicable stock exchange requirements. If any Note is In the event of partial redemption by lot, the particular Notes to be redeemed in part onlyshall be selected, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal unless otherwise provided herein, not less than 10 nor more than 60 days prior to the unredeemed portion thereof will be issued in redemption by the name of Trustee from the Holder thereof upon cancellation of the original Note. outstanding Notes not previously called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making such redemption payment. The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum amounts of $1,000 2,000 or whole multiples of $1,000, 1,000 in excess of $2,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. No Notes of $2,000 or less shall be redeemed in part. Notices of redemption shall be mailed by first-class mail or delivered electronically at least 10 but not more than 60 days before the redemption date to each Holder to be redeemed at its registered address, except that redemption notices may be mailed or delivered electronically more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture. If any Note is to be redeemed in part only, the notice of redemption that relates to that Note shall state the portion of the principal amount of that Note that is to be redeemed. In the case of certificated Notes, a new Note in principal amount equal to the unredeemed portion of the original Note shall be issued in the name of the Holder upon cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions of them called for redemption unless the Company defaults in making the applicable redemption payment.

Appears in 4 contracts

Samples: Indenture (Vistra Corp.), Supplemental Indenture (Vistra Energy Corp.), Indenture (Vistra Energy Corp.)

Selection of Notes to Be Redeemed. If less than all of the outstanding Notes are to be redeemed at any time, selection of Notes for redemption will be made by the Trustee Company, the Trustee, on behalf of the Company, shall select the outstanding Notes to be redeemed in compliance with the requirements of the principal national securities exchange or trading systemexchange, if any, on which the Notes are listed or accepted for trading, or, if the Notes are not so listed or accepted for tradingon such an exchange the Trustee, on behalf of the Company, shall select the outstanding Notes to be redeemed on a pro rata basis, by lot or by such any other method as that the Trustee deems fair and appropriate; provided, that a redemption pursuant to the provisions relating to Equity Offerings will be on a pro rata basis. Notes redeemed in part shall only be redeemed in integral multiples of $1,000. If the Company elects to mail notice of a redemption to Holders, the Trustee shall deem fair and appropriate and in accordance with methods generally used at least five days prior to the time date notice of selection by fiduciaries in similar circumstances. If any Note redemption is to be redeemed in part onlymailed, (i) select, on behalf of the Company, the notice of redemption that relates Notes to such Note shall state be redeemed from Notes outstanding not previously called for redemption, and (ii) notify the portion Company of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name names of the each Holder thereof upon cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making such redemption payment. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof of Notes held by each such Holder and the principal amount of such Holder's Notes that are to be redeemed. The Trustee shall select for redemption Notes and or portions of Notes selected shall be in principal amounts of $1,000 or whole integral multiples of $1,000, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall notify the Company promptly of the Notes or portions of Notes to be called for redemption. The Company shall notify the Trustee of its acceptance for payment of the Notes selected for redemption.

Appears in 3 contracts

Samples: Indenture (Phonetel Technologies Inc), Phonetel Technologies Inc, Phonetel Technologies Inc

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, selection of Notes for redemption will be made by the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange or trading system, if any, on which the Notes are listed listed; or accepted for trading, or, (2) if the Notes are not so listed or accepted for tradingon any national securities exchange, on a pro rata basis (or, in the case of Global Notes, the Notes represented thereby will be selected in accordance with the Depository’s prescribed method). In the event of partial redemption other than on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate and in accordance with methods generally used at the time of selection by fiduciaries in similar circumstances. If any Note is particular Notes to be redeemed in part onlyshall be selected, not less than five (5) Business Days (unless a shorter period shall be agreeable to the Trustee) prior to the giving of notice of the redemption that relates pursuant to such Note shall state Section 3.03, by the portion of Trustee from the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon cancellation of the original Note. outstanding Notes not previously called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making such redemption payment. The Trustee shall promptly notify the Issuer Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. No Notes of $2,000 or less can be redeemed in part. Notes and portions of Notes selected shall be in minimum amounts of $1,000 2,000 or whole multiples of $1,000, 1,000 in excess thereof; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if such amount does not equal $2,000 or a multiple of $1,0001,000 in excess thereof, shall be redeemed. Except as provided in the preceding sentence, provisions Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the immediately preceding paragraph of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination.

Appears in 3 contracts

Samples: Indenture (Natural Resource Partners Lp), Indenture (Natural Resource Partners Lp), Indenture (PetroLogistics LP)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, selection of the Trustee will select Notes for redemption will be made by the Trustee in compliance with the requirements of the principal national securities exchange or trading system, if any, on which the Notes are listed or accepted for trading, or, if the Notes are not so listed or accepted for trading, on a pro rata basisbasis (or, by lot or in the case of Notes issued in global form pursuant to Article 3 hereof, by such method as DTC or its nominee or successor may require or, where such nominee or successor is the Trustee, a method that most nearly approximates pro rata selection as the Trustee shall deem deems fair and appropriate and in accordance with methods generally used at unless otherwise required by law); provided, that no partial redemption of any Note will occur if such redemption would reduce the time principal amount of selection by fiduciaries in similar circumstancessuch Note to less than $2,000. If any Note is to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon cancellation of the original Note. Notes called for redemption shall become due on the date fixed for redemption. On Unless the Partnership defaults in payment of the redemption price, on and after the redemption date, interest ceases will cease to accrue on the Notes or portions thereof of the Notes called for redemption unless the Issuer defaults in making such redemption paymentredemption. The Trustee shall will promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall will be in amounts of $1,000 2,000 or whole multiples of $1,000, 1,000 in excess thereof; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, Holder shall be redeemed. Except as provided in the preceding sentence, provisions of this the Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 3 contracts

Samples: Indenture (Phillips 66 Partners Lp), Indenture (Phillips 66 Partners Lp), Indenture (Phillips 66 Partners Lp)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, selection of Notes for redemption will be made by the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange or trading system, if any, on which the Notes are listed listed; or accepted for trading, or, (2) if the Notes are not so listed or accepted for tradingon any national securities exchange, on a pro rata basis. In the event of partial redemption other than on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate and in accordance with methods generally used at the time of selection by fiduciaries in similar circumstances. If any Note is particular Notes to be redeemed in part onlyshall be selected, not less than five (5) Business Days (unless a shorter period shall be agreeable to the Trustee) prior to the giving of notice of the redemption that relates pursuant to such Note shall state Section 3.03, by the portion of Trustee from the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon cancellation of the original Note. outstanding Notes not previously called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making such redemption payment. The Trustee shall promptly notify the Issuer Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 2,000 or whole multiples of $1,000, 1,000 in excess thereof; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if such amount does not equal $2,000 or a multiple of $1,0001,000 in excess thereof, shall be redeemed. Except as provided in the preceding sentence, provisions Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination.

Appears in 3 contracts

Samples: Indenture (Chesapeake Midstream Partners Lp), Indenture (Inergy L P), Indenture (Inergy L P)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, selection of Notes for redemption will be made by the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange or trading system, if any, on which the Notes are listed or accepted for trading, or, listed; (2) if the Notes are not so listed on any national securities exchange but are in global form, then by lot or accepted for tradingotherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global form, on a pro rata basis, basis or by lot or by such other method as the Trustee in its sole discretion shall deem fair and appropriate and in accordance with methods generally used at appropriate. In the time event of selection by fiduciaries in similar circumstances. If any Note is partial redemption, the particular Notes to be redeemed in part onlyshall be selected, not less than three (3) Business Days prior to the giving of notice of the redemption that relates pursuant to such Note shall state Section 3.03, by the portion of Trustee from the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon cancellation of the original Note. outstanding Notes not previously called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making such redemption payment. The Trustee shall promptly notify the Issuer Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum principal amounts of $1,000 or whole 2,000 and integral multiples of $1,000, 1,000 in excess of $2,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a minimum of $2,000 or a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be made in accordance with Applicable Procedures.

Appears in 3 contracts

Samples: Indenture (Calumet Specialty Products Partners, L.P.), Indenture (Calumet Specialty Products Partners, L.P.), Indenture (Calumet Specialty Products Partners, L.P.)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, selection of Notes for redemption will shall be made by the Trustee in compliance on a PRO RATA basis or by lot or by a method that complies with the requirements of the principal national securities any exchange or trading system, if any, on which the Notes are listed or accepted for trading, or, if the Notes are not so listed or accepted for trading, on a pro rata basis, by lot or by such method as and that the Trustee shall deem considers fair and appropriate and in accordance with methods generally used at the time appropriate, provided that no Notes of selection by fiduciaries in similar circumstances. If any Note is to $1,000 or less shall be redeemed in part only, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making such redemption paymentpart. The Trustee shall promptly notify make the Issuer in writing of selection not more than 60 days and not less than 30 days before the redemption date from Notes selected outstanding not previously called for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 or whole integral multiples of $1,000, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall notify the Company promptly of the Notes or portions of Notes to be called for redemption. If any Note selected for partial redemption is converted in part after such selection, the converted portion of such Note shall be deemed (so far as may be) to be the portion to be selected for redemption. The Notes (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereunder, notwithstanding that any such Note is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Notes, the Company and the Trustee may treat as outstanding any Notes surrendered for conversion during the period 15 days next preceding the mailing of a notice of redemption and need not treat as outstanding any Note authenticated and delivered during such period in exchange for the unconverted portion of any Note converted in part during such period.

Appears in 3 contracts

Samples: Indenture (Peregrine Systems Inc), Indenture (Peregrine Systems Inc), Invitrogen Corp

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, selection of Notes for redemption will be made by the Trustee in compliance with the requirements of the principal national securities exchange or trading system, if any, on which the Notes are listed or accepted for trading, or, if the Notes are not so listed or accepted for trading, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate and in accordance with methods generally used at the time of selection or require unless otherwise required by fiduciaries in similar circumstanceslaw or applicable stock exchange or depositary requirements. If any Note is to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making such redemption payment. The Trustee shall promptly notify the Issuer Company and the Registrar in writing of the Notes selected for redemption and, in the case of any Note Notes selected for partial redemption, the principal amount thereof to be redeemed. No Notes of $2,000 or less in principal amount can be redeemed or purchased in part. Notes and portions of Notes selected shall will be in amounts of $1,000 2,000 or whole multiples of $1,0001,000 in excess thereof, except that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, Holder shall be redeemedredeemed or purchased. Except as provided For purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the preceding sentencecase of any of the Notes redeemed or to be redeemed only in part, provisions to the portion of this Indenture that apply the principal amount thereof which has been or is to Notes called for redemption also apply to portions of Notes called for redemptionbe redeemed.

Appears in 3 contracts

Samples: Indenture (Era Group Inc.), Indenture (Era Group Inc.), Indenture (Seacor Holdings Inc /New/)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, selection of Notes for redemption will be made by the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange or trading system, if any, on which the Notes are listed listed; or accepted for trading, or, (2) if the Notes are not so listed or accepted for tradingon any national securities exchange, on a pro rata basis, basis or by lot or by such other method as the Trustee shall deem fair and appropriate and in accordance with methods generally used at appropriate. In the time event of selection by fiduciaries in similar circumstances. If any Note is partial redemption, the particular Notes to be redeemed in part onlyshall be selected, not less than three (3) Business Days prior to the giving of notice of the redemption that relates pursuant to such Note shall state Section 3.03, by the portion of Trustee from the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon cancellation of the original Note. outstanding Notes not previously called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making such redemption payment. The Trustee shall promptly notify the Issuer Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 2,000 or whole integral multiples of $1,000, 1,000 in excess of $2,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not $2,000 or a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be done in accordance with Applicable Procedures.

Appears in 3 contracts

Samples: Supplemental Indenture (Calumet Specialty Products Partners, L.P.), Indenture (Calumet Specialty Products Partners, L.P.), Supplemental Indenture (Calumet Specialty Products Partners, L.P.)

Selection of Notes to Be Redeemed. If less fewer than all of the Notes are to be redeemed at any timeredeemed, selection of Notes for redemption will be made by the Trustee in compliance shall select the particular Notes to be redeemed from the Outstanding Notes by a method that complies with the requirements of the principal national securities any exchange or trading system, if any, on which the Notes are listed or accepted for tradinglisted, or, if the Notes are not so listed or accepted for tradingon an exchange, on a pro rata basis, basis or by lot or by such method as the Trustee shall deem fair and appropriate and in accordance with methods generally used at any other method the time of selection by fiduciaries Trustee considers fair and appropriate. Notes and portions thereof that the Trustee selects shall be in similar circumstancesamounts equal to the minimum authorized denominations for Notes to be redeemed or any integral multiple thereof. If any Note selected for partial redemption is to be redeemed converted in part only, before termination of the notice of redemption that relates conversion right with respect to such Note shall state the portion of the principal amount thereof Notes so selected, the converted portion of such Note shall be deemed to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of selected for redemption (provided, however, that the Holder thereof of such Note so converted and deemed redeemed shall not be entitled to any additional interest payment as a result of such deemed redemption than such Holder would have otherwise been entitled to receive upon cancellation conversion of the original such Note). Notes called which have been converted during a selection of Notes to be redeemed may be treated by the Trustee as Outstanding for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making purpose of such redemption paymentselection. The Trustee shall promptly notify the Issuer Company and the Registrar in writing of the Notes selected for redemption and, in the case of any Note Notes selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes selected shall relate, in the case of any Notes redeemed or to be redeemed only in amounts of $1,000 or whole multiples of $1,000part, except that if all to the portion of the principal amount of such Notes of a Holder are which has been or is to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 3 contracts

Samples: Exchange and Redemption Agreement (Ciphergen Biosystems Inc), Indenture (Ciphergen Biosystems Inc), Radisys Corp

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, selection of Notes for redemption will be made by the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange or trading system, if any, on which the Notes are listed or accepted for trading, or, listed; (2) if the Notes are not so listed on any national securities exchange but are in global form, then by lot or accepted for tradingotherwise in accordance with the procedures of DTC or the applicable depositary; or (3) if the Notes are not listed on any national securities exchange and are not in global form, on a pro rata basis, basis or by lot or by such other method as the Trustee in its sole discretion shall deem fair and appropriate and in accordance with methods generally used at appropriate. In the time event of selection by fiduciaries in similar circumstances. If any Note is partial redemption, the particular Notes to be redeemed in part onlyshall be selected, not less than three (3) Business Days prior to the giving of notice of the redemption that relates pursuant to such Note shall state Section 3.03, by the portion of Trustee from the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon cancellation of the original Note. outstanding Notes not previously called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making such redemption payment. The Trustee shall promptly notify the Issuer Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 2,000 or whole integral multiples of $1,000, 1,000 in excess of $2,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not $2,000 or a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination. Any redemption in whole or in part affecting a Global Note shall be done in accordance with Applicable Procedures.

Appears in 3 contracts

Samples: Supplemental Indenture (Calumet Specialty Products Partners, L.P.), Supplemental Indenture (Calumet Specialty Products Partners, L.P.), Supplemental Indenture (Calumet Specialty Products Partners, L.P.)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, selection of Notes for redemption will be made by the Trustee shall select the Notes to be redeemed among the Holders in compliance with the requirements of the principal national securities exchange or trading systemexchange, if any, on which the Notes are listed or accepted for trading, or, if the Notes are not so listed or accepted for tradinglisted, on a pro rata basis, by lot or by such method as the Trustee shall may deem fair and appropriate (and in accordance a manner that complies with methods generally used applicable legal requirements); provided that no Notes of $2,000 or less shall be redeemed in part. Notices of redemption shall be mailed by first class mail at least thirty (30) days but not more than sixty (60) days before the time redemption date to each Holder of selection by fiduciaries Notes to be redeemed at its registered address, except that redemption notices may be mailed more than 60 days prior to a redemption date if the notice is issued in similar circumstancesconnection with Sections 8.2, 8.3 or 8.8 hereof. Except for a redemption to be effected pursuant to Section 3.7, notices of redemption may not be conditional. If any Note is to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof of the original Note will be issued in the name of the Holder thereof upon cancellation of the original Note. Notes called for redemption become due on Note (or appropriate adjustments to the date fixed for redemptionamount and beneficial interests in a Global Note will be made, as appropriate). On and after the redemption date, interest ceases will cease to accrue on Notes or portions thereof of them called for redemption unless the Issuer defaults in making such redemption paymentredemption. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption as long as the Company has deposited with the Paying Agent funds in satisfaction of the applicable Redemption Price pursuant to this Indenture and shall promptly notify the Issuer Company in writing of the Notes selected for redemption. The Trustee may select for redemption and, in the case of portions (equal to $1,000 or any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts integral multiples of $1,000 or whole multiples thereof) of $1,000, except that if all the principal of the Notes of that have denominations larger than $2,000 so long as no partial redemption results in a Holder are to be redeemed, the entire outstanding Note having a principal amount of Notes held by such Holder, even if not a multiple of less then $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption2,000.

Appears in 2 contracts

Samples: Credit Agreement (Music123, Inc.), Credit Agreement (Music123, Inc.)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, selection of Notes for redemption will be made by the Trustee in compliance with shall select the requirements Notes to be redeemed among the Holders of the principal national securities exchange or trading system, if any, on which the Notes are listed or accepted for trading, or, if the Notes are not so listed or accepted for trading, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate and in accordance with methods generally used at any other method the time Trustee considers fair and appropriate. In the event of selection partial redemption by fiduciaries in similar circumstances. If any Note is lot, the particular Notes to be redeemed in part onlyshall be selected, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal unless otherwise provided herein, not less than 30 days nor more than 60 days prior to the unredeemed portion thereof will be issued in redemption date by the name of Trustee from the Holder thereof upon cancellation of the original Note. outstanding Notes not previously called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making such redemption payment. The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum amounts of $1,000 or 2,000 and whole multiples of $1,000, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed1,000 in excess thereof. Except as provided in the preceding sentence, provisions Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination.

Appears in 2 contracts

Samples: Indenture (Hornbeck Offshore Services Inc /La), Indenture (Hornbeck Offshore Services Inc /La)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, selection of Notes for redemption will be made by the Trustee shall select the Notes to be redeemed among the Holders in compliance with the requirements of the principal national securities exchange or trading systemexchange, if any, on which the Notes are listed or accepted for trading, or, if the Notes are not so listed or accepted for tradinglisted, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate (and in accordance a manner that complies with methods generally used applicable legal requirements); provided that no Notes of $1,000 or less shall be redeemed in part. Notices of redemption shall be mailed by first class mail at least 30 but not more than 60 days before the time redemption date to each Holder of selection by fiduciaries in similar circumstancesNotes to be redeemed at its registered address. Notices of redemption may not be conditional. If any Note is to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof of the original Note will be issued in the name of the Holder thereof upon cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof of them called for redemption unless the Issuer defaults in making such redemption paymentredemption. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption and shall promptly notify the Issuer AirGate in writing of the Notes selected for redemption. The Trustee may select for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof portions (equal to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 or whole multiples any integral multiple thereof) of $1,000, except that if all the principal of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of that have denominations larger than $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 2 contracts

Samples: Intercreditor Agreement (Airgate PCS Inc /De/), Pledge Agreement (Agw Leasing Co Inc)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, selection of Notes for redemption will be made by the Trustee shall select the Notes to be redeemed among the Holders of the Notes in compliance with the requirements of the principal national securities exchange or trading systemexchange, if any, on which the Notes are listed or accepted for trading, or, if the Notes are not so listed or accepted for tradinglisted, on a pro rata PRO RATA basis, by lot or by such method as the Trustee shall deem fair and appropriate and in accordance with methods generally used at any other method the time Trustee considers fair and appropriate; PROVIDED THAT no Note of selection by fiduciaries $1,000 or less will be redeemed in similar circumstancespart. If any Note is In the event that less than all of the Notes are to be redeemed in part onlyby lot, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof particular Notes to be redeemed. A new Note in principal amount equal redeemed shall be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the unredeemed portion thereof will be issued in redemption date by the name of Trustee from the Holder thereof upon cancellation of the original Note. outstanding Notes not previously called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making such redemption payment. The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 or whole multiples of $1,000, ; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, Holder shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this SECTION 3.2 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination.

Appears in 2 contracts

Samples: Ram Energy Inc/Ok, Ram Energy Inc/Ok

Selection of Notes to Be Redeemed. If less fewer than all of the Notes are to be redeemed at any time, selection of the Trustee shall select the Notes for redemption will to be made redeemed by a method that complies with the requirements, as certified to it by the Trustee in compliance with the requirements Issuer, of the principal national securities exchange or trading systemexchange, if any, on which the Notes are listed or accepted for tradingat such time, and in compliance with the requirements of DTC or, if the Notes are not so listed on a securities exchange, or accepted for tradingsuch securities exchange prescribes no method of selection and the Notes are not held through DTC or DTC prescribes no method of selection, on a pro rata basis, by lot or by such other method as the Trustee shall deem deems fair and appropriate and in accordance with methods generally used at the time of selection by fiduciaries in similar circumstances. If any Note is to be redeemed in part onlyappropriate; provided, the notice of however, that no such partial redemption that relates to such Note shall state reduce the portion of the principal amount thereof of a Note not redeemed to less than $2,000. For Notes which are represented by global certificates held on behalf of DTC, if the Notes are selected for redemption on a pro rata basis, the Notes to be redeemedredeemed shall be selected in accordance with DTC procedures on a “Pro Rata Pass-Through Distribution of Principal” basis. A new Note in principal amount equal to If the unredeemed portion thereof will Trustee does not provide the necessary information and identify the redemption as on a “Pro Rata Pass-Through Distribution of Principal Basis,” the Notes shall be issued in the name of the Holder thereof upon cancellation of the original Note. Notes called selected for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults by lot in making such redemption paymentaccordance with DTC procedures. The Trustee shall promptly notify make the Issuer in writing of selection from the Notes selected outstanding and not previously called for redemption. The Trustee may select for redemption and, portions equal to $1,000 in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. and any integral multiple thereof; provided that no Notes and portions of Notes selected shall be in amounts of $1,000 2,000 in principal amount or whole multiples of $1,000, except that if all of the Notes of a Holder are to less may be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemedredeemed in part. Except as provided in the preceding sentence, provisions Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall notify the Issuer promptly in writing of the Notes or portions of Notes to be called for redemption. The Trustee shall not be liable for selections made in accordance with the provisions of this Section 3.03 or for selections made by DTC.

Appears in 2 contracts

Samples: Indenture (Carnival PLC), Indenture (Carnival PLC)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed, the particular Notes to be redeemed at any time, selection of Notes for redemption will be made selected not more than 60 days prior to the redemption date by the Trustee in compliance with the requirements any applicable rules of the principal national securities exchange or trading systemexchange, if any, on which the Notes are listed or accepted for trading, or, if the Notes are not so listed on a securities exchange or accepted for tradingif there are no applicable rules, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and deems appropriate and in accordance with methods generally used at fair; provided, that the time of selection by fiduciaries in similar circumstances. If any Note is to be redeemed in part only, the notice of redemption that relates to such Note shall state the unredeemed portion of the principal amount thereof of any Note shall be in an authorized denomination (which shall not be less than the minimum authorized denomination) for such Note. If less than all of the Notes are to be redeemed. A new Note in , following the determination by the Company of the principal amount amounts of each series to be redeemed, the Trustee shall make the selection from the Notes that have not previously been called for redemption and may provide for the selection for redemption of portions (equal to the unredeemed portion thereof will be issued minimum authorized denomination for the Notes, or any integral multiple of $1,000 in the name excess thereof) of the Holder thereof upon cancellation principal amount of the original Note. Notes called of a denomination larger than the minimum authorized denomination for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making such redemption paymentNotes. The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption and, in the case of any Note Notes selected for partial redemption, the principal amount thereof to be redeemed. If the Company shall so direct, Notes and portions registered in the name of the Company, any Affiliate of the Company or any Subsidiary of the Company thereof shall not be included in the Notes selected for redemption. For purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes selected shall relate, in the case of any Notes redeemed or to be redeemed only in amounts of $1,000 or whole multiples of $1,000part, except that if all to the portion of the principal amount of such Notes of a Holder are which has been or is to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 2 contracts

Samples: Collins & Aikman Corp, Indenture (Collins & Aikman Corp)

Selection of Notes to Be Redeemed. If In the event that less than all of the Notes are to be redeemed at any time, selection of such Notes for redemption will be made by the Trustee Company in compliance with the requirements of the principal national securities exchange or trading systemexchange, if any, on which the Notes are listed or accepted for trading, or, if the Notes are not so then listed or accepted for tradingon a national securities exchange, on a pro rata basis, PRO RATA basis or by lot or by such any other method as the Trustee shall deem fair and appropriate and appropriate; PROVIDED, HOWEVER, that Notes redeemed in accordance with methods generally used at part shall only be redeemed in integral multiples of $1,000; PROVIDED, FURTHER, HOWEVER, that any such redemption pursuant to the time provisions relating to a Public Equity Offering by the Company shall be made on a PRO RATA basis or on as nearly a PRO RATA basis as practicable (subject to any procedures of selection by fiduciaries in similar circumstancesThe Depository Trust Company or any other Depository). If any Note is to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. A redeemed and the Trustee shall authenticate and mail to the holder of the original Note a new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon cancellation of the original Note. Notes called for redemption become due on Note promptly after the date fixed for redemptionoriginal Note has been canceled. On and after the redemption dateRedemption Date, interest ceases will cease to accrue on Notes or portions thereof called for redemption redemption. For all purposes of this Indenture, unless the Issuer defaults in making such context otherwise requires, all provisions relating to redemption payment. The Trustee of Notes shall promptly notify the Issuer in writing of the Notes selected for redemption andrelate, in the case of any Note selected for partial redemptionredeemed or to be redeemed only in part, to the portion of the principal amount thereof of such Note which has been or is to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 or whole multiples of $1,000, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 2 contracts

Samples: Indenture (Leiner Health Products Inc), Indenture (Leiner Health Products Inc)

Selection of Notes to Be Redeemed. If less than all of the Euro Notes or the Dollar Notes, as the case may be, are to be redeemed at any time, selection of the Trustee will select the Notes for redemption will be made by the Trustee in compliance with the requirements of the principal national securities exchange or trading system, if any, on which the Notes are listed or accepted for trading, or, if the Notes are not so listed or accepted for trading, on a pro rata basis, basis or by lot or by such some other method as the Trustee shall deem in its sole discretion deems fair and appropriate and of the Notes unless otherwise required by law or applicable stock exchange requirements. The Trustee will not be liable for selections made by it in accordance with methods generally used at the time this Section 3.02. No Euro Notes of selection by fiduciaries €50,000 or less or Dollar Notes of $100,000 or less shall be purchased or redeemed in similar circumstancespart. Notices of purchase or redemption shall be given to each Holder pursuant to Sections 3.03 and 13.01. If any Euro Note or Dollar Note is to be redeemed in part only, the notice of redemption that relates to such that Note shall will state the portion of the principal amount thereof of that Note that is to be redeemed. A new Euro Note or Dollar Note, as the case may be, in principal amount equal to the unredeemed portion thereof of the original Euro Note or the Dollar Note, as applicable, will be issued in the name of the Holder thereof of Notes upon cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof of Notes called for redemption. In relation to Definitive Registered Notes, a new Note in principal amount equal to the unpurchased or unredeemed portion of any Note purchased or redeemed in part will be issued in the name of the Holder thereof upon cancellation of the original Note. On or after any purchase or redemption date, unless the Issuer defaults in making such redemption payment. The Trustee shall promptly notify the Issuer in writing payment of the purchase or redemption price, interest shall cease to accrue on Notes selected or portions thereof tendered for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 purchase or whole multiples of $1,000, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 2 contracts

Samples: Indenture (Sappi LTD), Indenture (Sappi LTD)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, selection of Notes for redemption will be made by the Trustee in compliance with the requirements of the principal national securities exchange or trading systemexchange, if any, on which the Notes are listed or accepted for tradinglisted, or, if the Notes are not so listed or accepted for tradinglisted, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate and appropriate; provided that no Notes of $1,000 or less shall be redeemed in accordance with methods generally used part. Notices of redemption shall be mailed by first class mail at least 30 but not more than 60 days before the time redemption date to each Holder of selection by fiduciaries in similar circumstancesNotes to be redeemed at its registered address. If any Note is to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof of them called for redemption unless the Issuer defaults in making such redemption paymentredemption. The Trustee shall promptly notify the Issuer Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 or whole multiples of $1,000, ; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 2 contracts

Samples: Indenture (Foamex Capital Corp), Indenture (Foamex International Inc)

Selection of Notes to Be Redeemed. If less fewer than all of the Notes are to be redeemed at any timepursuant to an Optional Redemption, selection of Notes for redemption will be made by the Trustee shall select the particular Notes to be redeemed in compliance principal amounts of $1,000 or integral multiples thereof from outstanding Notes by a method that complies with the requirements of the principal national securities any exchange or trading system, if any, on which the Notes are listed or accepted for tradinglisted, or, if the Notes are not so listed or accepted for tradingon an exchange, on a pro rata basis, by lot basis or by such method as the Trustee shall deem fair and appropriate and otherwise in accordance with methods generally used at the time applicable procedures of selection the Depositary or by fiduciaries lot in similar circumstancesaccordance with any other method the Trustee considers fair and appropriate. Notes and portions thereof that the Trustee selects shall be in amounts equal to the minimum authorized denominations for Notes to be redeemed or any integral multiple thereof. If any Note selected for partial redemption pursuant to an Optional Redemption is to be redeemed converted in part only, before termination of the notice of redemption that relates conversion right with respect to such Note shall state the portion of the principal amount thereof Notes so selected, the converted portion of such Note shall be deemed to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of selected for redemption (provided, however, that the Holder thereof of such Note so converted and deemed redeemed shall not be entitled to any additional interest payment as a result of such deemed redemption over the amount that such Holder would have otherwise been entitled to receive upon cancellation conversion of the original such Note. Notes called which have been converted during a selection of Notes to be redeemed pursuant to an Optional Redemption may be treated by the Trustee as outstanding for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making purpose of such redemption paymentselection. The Trustee shall promptly notify the Issuer and the Registrar in writing of the Notes selected for redemption and, in the case of any Note Notes selected for partial redemptionredemption pursuant to an Optional Redemption, the principal amount thereof to be redeemed. Notes and portions For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes selected shall relate, in the case of any Notes redeemed or to be redeemed only in amounts of $1,000 or whole multiples of $1,000part, except that if all to the portion of the principal amount of such Notes of a Holder are which has been or is to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 2 contracts

Samples: Lions Gate Entertainment Corp /Cn/, Lions Gate Entertainment Corp /Cn/

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, selection of Notes for redemption will shall be made by the Trustee in compliance with the requirements of the principal national securities exchange or trading systemexchange, if any, on which the Notes are listed or accepted for tradinglisted, or, if the Notes are not so listed or accepted for tradinglisted, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate and appropriate; provided that no Notes of $1,000 or less shall be redeemed in accordance with methods generally used at part. In the time event of selection partial redemption by fiduciaries in similar circumstances. If any Note is lot, the particular Notes to be redeemed in part onlyshall be selected, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal unless otherwise provided herein, not less than 30 nor more than 60 days prior to the unredeemed portion thereof will be issued in redemption date by the name of Trustee from the Holder thereof upon cancellation of the original Note. outstanding Notes not previously called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making such redemption payment. The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 or whole multiples of $1,000, ; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding principal amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. A new Note in principal amount equal to the unredeemed portion thereof shall be issued in the name of the Holder thereof upon cancellation of the original Note. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Certificate, whether such Global Certificate is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Certificate shall be in an authorized denomination. On and after the redemption date, unless the Company defaults in payment of the redemption price, interest ceases to accrue on Notes or portions of them called for redemption. Except as provided in the preceding sentencethis Section 3.02, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 2 contracts

Samples: Forcenergy Inc, Forcenergy Inc

Selection of Notes to Be Redeemed. If In the event that less than all of the Notes are to be redeemed at any time, selection of such Notes for redemption will be made by the Trustee in compliance with the requirements of the principal national securities exchange or trading systemexchange, if any, on which the such Notes are listed or accepted for trading, or, if the such Notes are not so then listed or accepted for tradingon a national securities exchange, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate and appropriate; provided, however, that no Notes of a principal amount at maturity of U.S. $1,000 or less shall be redeemed in accordance part; provided, further, that if a partial redemption is made with methods generally used the proceeds of a Public Equity Offering, selection of the Notes or portions thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to DTC procedures), unless such method is otherwise prohibited. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. Notice of redemption shall be mailed by the Company by first-class mail at least 30 but not more than 60 days before the time redemption date to each Holder of selection by fiduciaries in similar circumstancesNotes to be redeemed at its registered address. If any Note is to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion of the principal amount at maturity thereof to be redeemed. A new Note in a principal amount at maturity equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the redemption date, Accreted Value will cease to accrete or interest ceases will cease to accrue on Notes or portions thereof called for redemption unless as long as the Issuer defaults Company has deposited with the Paying Agent funds in making such redemption payment. The Trustee shall promptly notify the Issuer in writing satisfaction of the Notes selected for applicable redemption and, in the case of any Note selected for partial redemption, the principal amount thereof price pursuant to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 or whole multiples of $1,000, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemptionIndenture.

Appears in 2 contracts

Samples: Universal Compression Inc, Universal Compression Holdings Inc

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, selection of Notes for redemption will shall be made by the Trustee in compliance with the requirements of the principal national securities exchange or trading systemexchange, if any, on which the Notes are listed or accepted for tradinglisted, or, if the Notes are not so listed or accepted for tradinglisted, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate and appropriate; provided that no Notes of less than $1,000 shall be redeemed in accordance with methods generally used part. Notices of redemption shall be mailed by first class mail at least 30 but not more than 60 days before the time redemption date to each Holder of selection by fiduciaries in similar circumstancesNotes to be redeemed at its registered address. If any Note is to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will shall be issued in the name of the Holder thereof upon cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof of them called for redemption unless the Issuer defaults in making such redemption paymentredemption. The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 or whole multiples of $1,000, ; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. As of the date hereof, the Notes are not listed on any national securities exchange. The Company shall give notice to the Trustee of any such listing promptly after it becomes effective.

Appears in 2 contracts

Samples: Indenture (Ames Department Stores Inc), Indenture (Ames Department Stores Inc)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, selection of Notes for redemption will be made by the Trustee in compliance with shall select the requirements Notes to be redeemed among the Holders of the principal national securities exchange or trading system, if any, on which the Notes are listed or accepted for trading, or, if the Notes are not so listed or accepted for trading, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate and in accordance with methods generally used at any other method the time Trustee considers fair and appropriate. In the event of selection partial redemption by fiduciaries in similar circumstanceslot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the Redemption Date by the Trustee from the outstanding Notes not previously called for redemption. If any Note selected for partial redemption is to be redeemed converted in part only, before termination of the notice of redemption that relates conversion right with respect to such Note shall state the portion of the principal amount thereof Note so selected, the converted portion of such Note shall be deemed (so far as may be) to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon cancellation of the original Note. Notes called for redemption become due on the date fixed selected for redemption. On and after Notes which have been converted during a selection of Notes to be redeemed may be treated by the redemption date, interest ceases to accrue on Notes or portions thereof called Trustee as outstanding for redemption unless the Issuer defaults in making purpose of such redemption paymentselection. The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount Principal Amount thereof to be redeemed. The Principal Amount of Notes and portions of Notes selected shall be in amounts of $1,000 or whole multiples of $1,000, ; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount Principal Amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 2 contracts

Samples: Indenture (Charter Communications Inc /Mo/), Indenture (Charter Communications Inc /Mo/)

Selection of Notes to Be Redeemed. If less than all In the case of any partial redemption, the Notes are to be redeemed at any time, selection of Registrar will select Notes for redemption will be made by the Trustee in compliance with the requirements of the principal national securities exchange or trading system, if any, on which the Notes are listed or accepted for trading, or, if the Notes are not so listed or accepted for trading, on a pro rata basisrata, by lot or by such other method as the Trustee shall deem fair and appropriate and in accordance with methods generally used at the time procedures of Euroclear and Clearstream or the relevant clearing system (including by the pro rata reduction of the principal amount of all Notes by the application of a “pool factor” in accordance with the normal procedures of Euroclear and Clearstream); provided that no Notes in denominations of €100,000 or less shall be redeemed in part. The Registrar shall make the selection by fiduciaries from outstanding Notes not previously called for redemption. The Registrar may select for redemption portions of the principal of Notes that have denominations larger than €100,000. Notes and portions of them that the Registrar selects shall be in similar circumstancesprincipal amounts of €100,000 or any integral multiple of €1,000 in excess thereof. If any Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Registrar shall notify the Issuer and the Trustee as soon as practicable of the Notes or portions of Notes to be redeemed. After the redemption date, upon surrender of the Note is to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. A a new Note or Notes in principal amount equal to the unredeemed portion thereof will of the original Note representing the same Indebtedness to the extent not redeemed shall be issued in the name of the Holder thereof of the Notes upon cancellation of the original NoteNote (or appropriate book entries shall be made to reflect such partial redemption). Notes called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on the Notes or portions thereof called for redemption redemption, unless the Issuer defaults in making such redemption payment. The Trustee shall promptly notify the Issuer in writing delivery of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 or whole multiples of $1,000, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemptionamount.

Appears in 2 contracts

Samples: Supplemental Indenture (Kronos Worldwide Inc), Execution Version (Kronos Worldwide Inc)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed or purchased in an offer to purchase at any time, selection of Notes for redemption will be made by the Trustee in compliance with shall select the requirements Notes to be redeemed or purchased among the Holders of the principal national securities exchange or trading system, if any, on which the Notes are listed or accepted for trading, or, if the Notes are not so listed or accepted for trading, on a pro rata basisbasis (or, by lot in the case of Notes issued in global form as discussed under Section 2.03 hereof, based on a method as DTC or by its nominee or successor may require or, where such nominee or successor is the Trustee, a method that most nearly approximates pro rata selection as the Trustee shall deem considers fair and appropriate and unless otherwise required by law) unless otherwise required by law or applicable stock exchange or depositary requirements; provided that no Notes of $2,000 or less shall be redeemed in accordance with methods generally used at part. In the time event of selection partial redemption by fiduciaries in similar circumstances. If any Note is lot, the particular Notes to be redeemed in part onlyshall be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the redemption date by the Trustee from the outstanding Notes not previously called for redemption, except that redemption notices may be mailed more than 60 days prior to a redemption date if the notice of redemption that relates to such Note shall state the portion is issued in connection with a defeasance of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making such redemption paymenta satisfaction and discharge pursuant to Article 10 hereof. The Trustee shall promptly notify the Issuer Company in writing of the any Definitive Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 2,000 or whole multiples of $1,000, ; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption, except that redemption notices may be mailed more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge pursuant to Article 10 hereof. Notices of redemption may be subject to one or more conditions precedent, including, but not limited to, completion of an Equity Offering. If any such condition precedent has not been satisfied, the Company shall provide written notice to the Trustee prior to the close of business two Business Days prior to the redemption date. Upon receipt of such notice, the notice of redemption shall be rescinded and the redemption of the Notes shall not occur. Upon receipt, the Trustee shall provide such notice to each holder of the Notes in the same manner in which the notice of redemption was given.

Appears in 2 contracts

Samples: Indenture (Parker Drilling Co /De/), Parker Drilling Co /De/

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, selection of the Trustee (or Registrar if other than the Trustee) shall select Notes for redemption will be made by the Trustee in compliance with the requirements of the principal national securities exchange or trading system, if any, on which the Notes are listed or accepted for trading, or, if the Notes are not so listed or accepted for trading, on a pro rata basis, basis to the extent practicable or by lot or such other similar method in accordance with the procedures of the Depository, unless otherwise required by such method law or applicable stock exchange requirements (so long as the Trustee shall deem fair and appropriate and in accordance with methods generally used at has actual knowledge of such listing). In the time event of selection partial redemption by fiduciaries in similar circumstances. If any Note is lot, the particular Notes to be redeemed in part onlyshall be selected, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal unless otherwise provided herein, not less than 10 nor more than 60 days prior to the unredeemed portion thereof will be issued in redemption by the name of Trustee from the Holder thereof upon cancellation of the original Note. outstanding Notes not previously called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making such redemption payment. The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum amounts of $1,000 2,000 or whole multiples of $1,000, 1,000 in excess of $2,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. No Notes of $2,000 or less shall be redeemed in part. Notices of redemption shall be mailed by first-class mail or sent electronically at least 10 but not more than 60 days before the redemption date to each Holder to be redeemed, except that redemption notices may be mailed or sent electronically more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of this Indenture. If any Note is to be redeemed in part only, the notice of redemption that relates to that Note shall state the portion of the principal amount of that Note that is to be redeemed. In the case of certificated Notes, a new Note in principal amount equal to the unredeemed portion of the original Note shall be issued in the name of the Holder upon cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption, subject to the satisfaction or waiver of any conditions. On and after the redemption date, interest ceases to accrue on Notes or portions of them called for redemption unless the Company defaults in making the applicable redemption payment.

Appears in 2 contracts

Samples: Vistra Corp., Vistra Corp.

Selection of Notes to Be Redeemed. If less than all of the Notes are redeemed, the Trustee shall select the Notes to be redeemed at any time, selection of Notes for redemption will be made by among the Trustee Holders in compliance with the requirements of the principal national securities exchange or trading systemexchange, if any, on which the Notes are listed or accepted for trading, or, if the Notes are not so listed or accepted for tradinglisted, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate (and in accordance a manner that complies with methods generally used applicable requirements of the Depositary); provided that no Notes of $2,000 or less shall be redeemed in part. Notices of redemption shall be mailed by first class mail (and, to the extent permitted by applicable procedures or regulations, electronically) at least 30 days before the time redemption date to each Holder of selection by fiduciaries in similar circumstancesNotes to be redeemed at its registered address. If any Note is to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof of the original Note will be issued in the name of the Holder thereof upon cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof of them called for redemption. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption unless the Issuer defaults in making such redemption payment. The Trustee and shall promptly notify the Issuer in writing of the Notes selected for redemption. The Trustee may select for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof portions (equal to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 or whole multiples any integral multiple thereof) of $1,000, except that if all the principal of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of that have denominations larger than $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption2,000.

Appears in 2 contracts

Samples: Spirit AeroSystems Holdings, Inc., Spirit AeroSystems Holdings, Inc.

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, selection of Notes for redemption will be made by the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange or trading system, if any, on which the Notes are listed listed; or accepted for trading, or, (2) if the Notes are not so listed or accepted for tradingon any national securities exchange, on a pro rata basis (except that any notes represented by a note in global form will be selected by such method as DTC may require). In the event of partial redemption other than on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate and in accordance with methods generally used at the time of selection by fiduciaries in similar circumstances. If any Note is particular Notes to be redeemed in part onlyshall be selected, not less than five (5) Business Days (unless a shorter period shall be agreeable to the Trustee) prior to the giving of notice of the redemption that relates pursuant to such Note shall state Section 3.03, by the portion of Trustee from the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon cancellation of the original Note. outstanding Notes not previously called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making such redemption payment. The Trustee shall promptly notify the Issuer Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 2,000 or whole multiples of $1,000, 1,000 in excess of $2,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination.

Appears in 2 contracts

Samples: Indenture (Linn Energy, LLC), Supplemental Indenture (Linn Energy, LLC)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, selection of Notes for redemption will shall be made by the Trustee in compliance with the requirements of the principal national securities exchange or trading systemexchange, if any, on which the Notes are listed or accepted for tradinglisted, or, if the Notes are not so listed or accepted for tradinglisted, on a pro rata basis, by lot to the extent practicable or by such other method as the Trustee shall deem fair and appropriate and in accordance with methods generally used at the time Applicable Procedures of selection the Depositary; provided that no Notes of $2,000 or less shall be redeemed in part. In the event of partial redemption by fiduciaries in similar circumstances. If any Note is lot, the particular Notes to be redeemed in part onlyshall be selected, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal unless otherwise provided herein, not less than 30 nor more than 60 days prior to the unredeemed portion thereof will be issued in redemption date by the name of Trustee from the Holder thereof upon cancellation of the original Note. outstanding Notes not previously called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making such redemption payment. The Trustee shall will promptly notify the Issuer Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum amounts of $1,000 2,000 or whole multiples of $1,000, 1,000 in excess thereof; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. A new Note in principal amount equal to the unredeemed portion thereof shall be issued (or book-entry notation made) in the name of the Holder thereof upon cancellation of the original Note. On and after the redemption date, unless the Company defaults in the payment of the redemption price, interest shall cease to accrue on the principal amount of the Notes or portions thereof called for redemption. Except as provided in the preceding sentencethis Section 3.02, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 2 contracts

Samples: Indenture (CURO Group Holdings Corp.), Indenture (CURO Group Holdings Corp.)

Selection of Notes to Be Redeemed. If less than all In the case of the Notes are to be redeemed at any timepartial redemption, selection of the Notes for redemption will be made by the Trustee in compliance accordance with the requirements procedures of the principal national securities exchange or trading system, if any, on which the Notes are listed or accepted for trading, DTC or, if the Notes are not so listed or accepted for tradingthen on deposit with DTC, on a pro rata basis, the Trustee will select the Notes to be redeemed by lot or by such other method as the Trustee shall deem fair and appropriate appropriate; provided that no Notes of $2,000 or less shall be redeemed in part. The Trustee shall make the selection from outstanding Notes not previously called for redemption. The Trustee may select for redemption portions of the principal of Notes that have denominations larger than $2,000. Notes and portions of them that the Trustee selects shall be in accordance with methods generally used at principal amounts of $2,000 or any integral multiple of $1,000 in excess thereof. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall notify the time Company as soon as practicable of selection by fiduciaries in similar circumstancesthe Notes or portions of Notes to be redeemed. If In the case of any partial redemption, the Company shall notify the Trustee of such redemption no later than five Business Days prior to the date on which redemption notice is to be sent to Holders. After the redemption date, upon surrender of the Note is to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. A a new Note or Notes in principal amount equal to the unredeemed portion thereof will of the original Note representing the same Indebtedness to the extent not redeemed shall be issued in the name of the Holder thereof of the Notes upon cancellation of the original NoteNote (or appropriate book entries shall be made to reflect such partial redemption). Notes called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on the Notes or portions thereof called for redemption redemption, unless the Issuer Company defaults in making such redemption payment. The Trustee shall promptly notify the Issuer in writing delivery of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 or whole multiples of $1,000, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemptionamount.

Appears in 2 contracts

Samples: Supplemental Indenture (Homefed Corp), Supplemental Indenture (Homefed Corp)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, selection of Notes for redemption will be made by the Trustee in compliance with the requirements of the principal national securities exchange or trading system, if any, on which the Notes are listed or accepted for trading, or, if the Notes are not so listed or accepted for trading, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate and in accordance with methods generally used at the time of selection or require unless otherwise required by fiduciaries in similar circumstanceslaw or applicable stock exchange or depositary requirements. If any Note is to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after , unless a condition precedent to redemption set forth in the notice of redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults as described in making such redemption paymentSection 4.03 has not been satisfied. The Trustee shall promptly notify the Issuer Company and the Registrar in writing of the Notes selected for redemption and, in the case of any Note Notes selected for partial redemption, the principal amount thereof to be redeemed. No Notes of $2,000 or less in principal amount can be redeemed or purchased in part. Notes and portions of Notes selected shall will be in amounts of $1,000 2,000 or whole multiples of $1,0001,000 in excess thereof, except that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, Holder shall be redeemedredeemed or purchased. Except as provided For purposes of this Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the preceding sentencecase of any of the Notes redeemed or to be redeemed only in part, provisions to the portion of this Indenture that apply the principal amount thereof which has been or is to Notes called for redemption also apply to portions of Notes called for redemptionbe redeemed.

Appears in 2 contracts

Samples: Indenture (Bristow Group Inc.), Indenture (Bristow Group Inc)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any timeredeemed, selection of Notes for redemption will be made by the Trustee in compliance shall select the Notes to be redeemed by a method that complies with the requirements of the principal national securities exchange or trading systemexchange, if any, on which the Notes are listed or accepted for trading, quoted or, if the Notes are not so listed or accepted for tradinglisted, on a pro rata basis, by lot or by such any other method as that the Trustee shall deem considers fair and appropriate appropriate. The Trustee shall make the selection not more than 60 days and in accordance with methods generally used at not less than 30 days before the time of selection by fiduciaries in similar circumstancesRedemption Date from Notes outstanding and not previously called for redemption. If any Note is to be redeemed in part only, the notice of The Trustee may select for redemption that relates to such Note shall state the a portion of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making such redemption payment. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemedNotes that has a denomination larger than $1,000. Notes and portions of Notes selected shall thereof will be redeemed in amounts the amount of $1,000 or whole integral multiples of $1,000, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall notify the Company promptly of the Notes or portions of Notes to be called for redemption. If any Note selected for partial redemption is converted in part after such selection, the converted portion of such Note shall be deemed (so far as may be) to be the portion to be selected for redemption. The Notes (or portion thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Note is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Notes, the Company and the Trustee may treat as outstanding any Notes surrendered for conversion during the period of 15 days next preceding the mailing of a notice of redemption and need not treat as outstanding any Note authenticated and delivered during such period in exchange for the unconverted portion of any Note converted in part during such period.

Appears in 2 contracts

Samples: Indenture (Agere Systems Inc), Indenture (Agere Systems Inc)

Selection of Notes to Be Redeemed. If less fewer than all of the Notes are to be redeemed at any timeredeemed, selection of Notes for redemption will be made by the Trustee in compliance shall select the particular Notes to be redeemed from the Outstanding Notes by a method that complies with the requirements of the principal national securities any exchange or trading system, if any, on which the Notes are listed or accepted for tradinglisted, or, if the Notes are not so listed or accepted for tradingon an exchange, on a pro rata basis, basis or by lot or by such method as the Trustee shall deem fair and appropriate and in accordance with methods generally used at any other method of Trustee considers fair and appropriate. Notes and portions thereof that the time of selection by fiduciaries Trustee selects shall be in similar circumstancesprincipal amounts equal to $1,000 or any whole multiple thereof. If any Note selected for partial redemption is to be redeemed converted in part only, before termination of the notice of redemption that relates conversion right with respect to such Note shall state the portion of the principal amount thereof Note so selected, the converted portion of such Note shall be deemed to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of selected for redemption (provided, however, that the Holder thereof of such Note so converted and deemed redeemed shall not be entitled to any additional interest payment as a result of such deemed redemption than such Holder would have otherwise been entitled to receive upon cancellation conversion of the original such Note). Notes called which have been converted during a selection of Notes to be redeemed may be treated by the Trustee as Outstanding for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making purpose of such redemption paymentselection. The Trustee shall promptly notify the Issuer Company and the Registrar in writing of the Notes selected for redemption and, in the case of any Note Notes selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes selected shall relate, in the case of any Notes redeemed or to be redeemed only in amounts of $1,000 or whole multiples of $1,000part, except that if all to the portion of the principal amount of such Notes of a Holder are which has been or is to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 2 contracts

Samples: Indenture (Regeneron Pharmaceuticals Inc), Resmed Inc

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed or purchased in an offer to purchase at any time, selection of the Trustee will select the Notes for redemption will be made by the Trustee in compliance with the requirements of the principal national securities exchange or trading system, if any, on which the Notes are listed or accepted for trading, or, if the Notes are not so listed or accepted for trading, purchase on a pro rata basisbasis or, by lot or by such in the case of Notes issued in global form, based on a method that most nearly approximates a pro rata selection as the Trustee shall deem in its sole discretion deems fair and appropriate and appropriate, unless otherwise required by law or applicable stock exchange requirements. The Trustee will not be liable for selections made by it in accordance with methods generally used at the time this Section 3.02. No Notes of selection by fiduciaries $200,000 or less shall be purchased or redeemed in similar circumstancespart. Notices of purchase or redemption shall be given to each Holder pursuant to Sections 3.03 and 13.01. If any Note is to be redeemed in part only, the notice of redemption that relates to such that Note shall will state the portion of the principal amount thereof of that Note that is to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof of the original Note will be issued in the name of the Holder thereof of Notes upon cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof of Notes called for redemption. In relation to Definitive Registered Notes, a new Note in principal amount equal to the unpurchased or unredeemed portion of any Note purchased or redeemed in part will be issued in the name of the Holder thereof upon cancellation of the original Note. On or after any purchase or redemption date, unless the Issuer defaults in making such redemption payment. The Trustee shall promptly notify the Issuer in writing payment of the purchase or redemption price, interest shall cease to accrue on Notes selected or portions thereof tendered for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 purchase or whole multiples of $1,000, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 2 contracts

Samples: Indenture (Sappi LTD), Indenture (Sappi LTD)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, selection of Notes for redemption will be made by the Trustee in compliance with the requirements of the principal national securities exchange or trading system, if any, on which the Notes are listed or accepted for trading, or, if the Notes are not so listed or accepted for trading, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate and in accordance with methods generally used at the time of selection by fiduciaries in similar circumstances. If any Note is to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making such redemption payment. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 or whole multiples of $1,000, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding particular Notes to be redeemed shall be selected not more than 60 days and not less than 30 days prior to the Provisional Redemption Date or Optional Redemption Date, as the case may be, by the Company, from the Outstanding Notes not previously called for redemption, on a pro rata basis based on the principal amount of all Notes held then outstanding. If any Note selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Note so selected; the converted portion of such Note shall be deemed, solely for purposes of determining the aggregate principal amount of the Notes to be redeemed, to be the portion selected for redemption (provided, however, that the Holder of such Note so converted and deemed redeemed shall not be entitled to any additional interest payment as a result of such deemed redemption than such Holder would have otherwise been entitled to receive upon conversion of such Note). Notes that have been converted during a selection of Notes to be redeemed may be treated by the Company as Outstanding Notes for the purpose of such Holder, even if not a multiple selection. Notes in denominations of $1,000 may only be redeemed in whole. The Company may select for redemption portions (equal to $1,000 or any multiple thereof) of the principal of Notes that have denominations larger than $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions Provisions of this Indenture Agreement that apply to Notes called for redemption also apply to portions of Notes called for redemption. For all purposes of this Agreement, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Note redeemed or to be redeemed only in part, to the portion of the principal amount of such Note which has been or is to be redeemed.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Wilson Holdings, Inc.), Securities Purchase Agreement (Wilson Holdings, Inc.)

Selection of Notes to Be Redeemed. If In the event that less than all of the Notes are to be redeemed at any time, selection of such Notes for redemption will be made by the Trustee in compliance with the requirements of the principal national securities exchange or trading systemexchange, if any, on which the such Notes are listed or accepted for trading, or, if the such Notes are not so then listed or accepted for tradingon a national securities exchange, on a pro rata PRO RATA basis, by lot or by such method as the Trustee shall deem fair and appropriate and appropriate; PROVIDED, HOWEVER, that no Notes of a principal amount of U.S. $1,000 or less shall be redeemed in accordance part; PROVIDED, FURTHER, that if a partial redemption is made with methods generally used the proceeds of a Public Equity Offering, selection of the Notes or portions thereof for redemption shall be made by the Trustee only on a PRO RATA basis or on as nearly a PRO RATA basis as is practicable (subject to DTC procedures), unless such method is otherwise prohibited. Notice of redemption shall be mailed by first-class mail at least 30 but not more than 60 days before the time redemption date to each Holder of selection by fiduciaries in similar circumstancesNotes to be redeemed at its registered address. If any Note is to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. A new Note in a principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases will cease to accrue on Notes or portions thereof called for redemption unless as long as the Issuer defaults Company has deposited with the Paying Agent funds in making such redemption payment. The Trustee shall promptly notify the Issuer in writing satisfaction of the Notes selected for applicable redemption and, in the case of any Note selected for partial redemption, the principal amount thereof price pursuant to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 or whole multiples of $1,000, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemptionIndenture.

Appears in 2 contracts

Samples: Power Ten, Town Sports International Inc

Selection of Notes to Be Redeemed. If less fewer than all of the Notes are to be redeemed at any timeredeemed, selection of Notes for redemption will be made by the Trustee in compliance shall select the particular Notes to be redeemed from the outstanding Notes by a method that complies with the requirements of the principal national securities any exchange or trading system, if any, on which the Notes are listed or accepted for tradinglisted, or, if the Notes are not so listed or accepted for trading, on a pro rata basisan exchange, by lot or by such method as lot. Notes and portions thereof that the Trustee selects shall deem fair and appropriate and be in accordance with methods generally used at the time of selection by fiduciaries in similar circumstancesprincipal amounts equal to $1,000 (excluding Additional Notes) or any whole multiple thereof. If any Note selected for partial redemption is to be redeemed converted in part only, before termination of the notice of redemption that relates conversion right with respect to such Note shall state the portion of the principal amount thereof Note so selected, the converted portion of such Note shall be deemed to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of selected for redemption (provided, however, that the Holder thereof of such Note so converted and deemed redeemed shall not be entitled to any additional interest payment as a result of such deemed redemption than such Holder would have otherwise been entitled to receive upon cancellation conversion of the original such Note). Notes called which have been converted during a selection of Notes to be redeemed may be treated by the Trustee as outstanding for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making purpose of such redemption paymentselection. The Trustee shall promptly notify the Issuer Company and the Registrar in writing of the Notes selected for redemption and, in the case of any Note Notes selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes selected shall relate, in the case of any Notes redeemed or to be redeemed only in amounts of $1,000 or whole multiples of $1,000part, except that if all to the portion of the principal amount of such Notes of a Holder are which has been or is to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 2 contracts

Samples: Indenture (PRG Schultz International Inc), PRG Schultz International Inc

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, selection of Notes for redemption will be made by the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange or trading system, if any, on which the Notes are listed listed; or accepted for trading, or, (2) if the Notes are not so listed or accepted for tradingon any national securities exchange, on a pro rata basis (and, in the case of Global Notes, in accordance with the procedures of the Depositary). In the event of partial redemption other than on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate and in accordance with methods generally used at the time of selection by fiduciaries in similar circumstances. If any Note is particular Notes to be redeemed in part onlyshall be selected, not less than three (3) Business Days (unless a shorter period shall be agreeable to the Trustee) prior to the giving of notice of the redemption that relates pursuant to such Note shall state Section 3.03, by the portion of Trustee from the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon cancellation of the original Note. outstanding Notes not previously called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making such redemption payment. The Trustee shall promptly notify the Issuer Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 2,000 or whole integral multiples of $1,000, 1,000 in excess of $2,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not $2,000 or a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination.

Appears in 2 contracts

Samples: Indenture (American Midstream Partners, LP), Indenture (Martin Midstream Partners Lp)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, selection of Notes for redemption will shall be made by the Trustee in compliance on a pro rata basis or by lot or by a method that complies with the requirements of the principal national securities any exchange or trading system, if any, on which the Notes are listed or accepted for trading, or, if the Notes are not so listed or accepted for trading, on a pro rata basis, by lot or by such method as and that the Trustee shall deem considers fair and appropriate and in accordance with methods generally used at the time appropriate, provided that no Notes of selection by fiduciaries in similar circumstances. If any Note is to $1,000 or less shall be redeemed in part only, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making such redemption paymentpart. The Trustee shall promptly notify make the Issuer in writing of selection not more than 60 days and not less than 30 days before the redemption date from Notes selected outstanding not previously called for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 or whole integral multiples of $1,000, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall notify the Company promptly of the Notes or portions of Notes to be called for redemption. If any Note selected for partial redemption is converted in part after such selection, the converted portion of such Note shall be deemed (so far as may be) to be the portion to be selected for redemption. The Notes (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereunder, notwithstanding that any such Note is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Notes, the Company and the Trustee may treat as outstanding any Notes surrendered for conversion during the period 15 days next preceding the mailing of a notice of redemption and need not treat as outstanding any Note authenticated and delivered during such period in exchange for the unconverted portion of any Note converted in part during such period.

Appears in 2 contracts

Samples: Akamai Technologies Inc, Echostar Communications Corp

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, selection of Notes for redemption will shall be made by the Trustee in compliance with the requirements of the principal national securities exchange or trading systemexchange, if any, on which the Notes are listed or accepted for tradinglisted, or, if the Notes are not so listed or accepted for tradinglisted, on a pro rata basis, by lot to the extent practicable or by such other method as the Trustee shall deem fair and appropriate and in accordance with methods generally used at the time Applicable Procedures of selection the Depositary; provided that no Notes of $2,000 or less shall be redeemed in part. In the event of partial redemption by fiduciaries in similar circumstances. If any Note is lot, the particular Notes to be redeemed in part onlyshall be selected, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal unless otherwise provided herein, not less than 10 nor more than 60 days prior to the unredeemed portion thereof will be issued in redemption date by the name of Trustee from the Holder thereof upon cancellation of the original Note. outstanding Notes not previously called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making such redemption payment. The Trustee shall will promptly notify the Issuer Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum amounts of $1,000 2,000 or whole multiples of $1,000, 1,000 in excess thereof; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. A new Note in principal amount equal to the unredeemed portion thereof shall be issued (or book-entry notation made) in the name of the Holder thereof upon cancellation of the original Note. On and after the redemption date, unless the Company defaults in the payment of the redemption price, interest shall cease to accrue on the principal amount of the Notes or portions thereof called for redemption and for which funds have been set aside for payment. Except as provided in the preceding sentencethis Section 3.02, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 2 contracts

Samples: Indenture (CURO Group Holdings Corp.), Supplemental Indenture (CURO Group Holdings Corp.)

Selection of Notes to Be Redeemed. If less than all of The Trustee shall select the Notes are to be redeemed at any time, selection of Notes for redemption will be made by among the Trustee Holders in compliance with the requirements of the principal national securities exchange or trading systemexchange, if any, on which the Notes are listed or accepted for trading, or, if the Notes are not so listed or accepted for tradinglisted, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate (and in accordance a manner that complies with methods generally used applicable requirements of the Depositary); provided that no Notes of $2,000 or less shall be redeemed in part. Notices of redemption shall be sent electronically (to the extent permitted by applicable procedures or regulations) or mailed by first class mail at least 30 but not more than 60 days before the time redemption date to each Holder of selection by fiduciaries in similar circumstancesNotes to be redeemed at its registered address, except that redemption notices may be mailed more than 60 days before the redemption date if the notice is delivered pursuant to Article VIII of this Indenture. If any Note is to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. A In the case of Certificated Notes, a new Note in principal amount equal to the unredeemed portion thereof of the original Note will be issued in the name of the Holder thereof upon cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof of them called for redemption. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption unless the Issuer defaults in making such redemption payment. The Trustee and shall promptly notify the Issuer in writing of the Notes selected for redemption. The Trustee may select for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof portions (equal to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 or whole multiples any integral multiple thereof) of $1,000, except that if all the principal of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of that have denominations larger than $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption2,000.

Appears in 2 contracts

Samples: Indenture (Oshkosh Corp), Indenture (Oshkosh Corp)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, selection of Notes for redemption will be made by the Trustee shall select the Notes to be redeemed among the Holders of the Notes as follows: (1) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange or trading system, if any, on which the Notes are listed listed; or accepted for trading, or, (2) if the Notes are not so listed or accepted for tradingon any national securities exchange, on a pro rata basis (or, in the case of Global Notes, based on such method as the Depository may require). In the event of partial redemption other than on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate and in accordance with methods generally used at the time of selection by fiduciaries in similar circumstances. If any Note is particular Notes to be redeemed in part onlyshall be selected, not less than three (3) Business Days (unless a shorter period shall be agreeable to the Trustee) prior to the giving of notice of the redemption that relates pursuant to such Note shall state Section 3.03, by the portion of Trustee from the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon cancellation of the original Note. outstanding Notes not previously called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making such redemption payment. The Trustee shall promptly notify the Issuer Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 2,000 or whole integral multiples of $1,000, 1,000 in excess of $2,000; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not $2,000 or a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.02 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination.

Appears in 2 contracts

Samples: Indenture (Legacy Reserves Inc.), Indenture (Legacy Reserves Lp)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, selection of Notes for redemption will be made by the Trustee shall select the Notes to be redeemed (a) if the Notes are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange or trading system, if any, on which the Notes are listed or accepted for trading, or, if the Notes are not so listed or accepted for trading, (b) on a pro rata basisbasis or, to the extent that selection on a pro rata basis is not practicable, by lot or by such other method as the Trustee shall deem fair and appropriate and in accordance with methods generally used at the time procedures of selection DTC, and in each case, such manner as complies with applicable legal requirements. In the event of partial redemption by fiduciaries in similar circumstances. If any Note is lot, the particular Notes to be redeemed in part onlyshall be selected, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal unless otherwise provided herein, not less than 30 nor more than 60 days prior to the unredeemed portion thereof will be issued in redemption date by the name of Trustee from the Holder thereof upon cancellation of the original Note. outstanding Notes not previously called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making such redemption payment. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 or whole multiples of $1,000Authorized Denominations. Notes that are not in Authorized Denominations shall not be redeemed in part, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000in Authorized Denominations, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption shall also apply to portions of Notes called for redemption. If any Note selected for partial redemption is submitted for conversion in part after such selection, the portion of such Note submitted for conversion shall be deemed (so far as may be possible) to be the portion to be selected for redemption and shall be so converted. Upon any redemption of less than all of the outstanding Notes, the Issuer and the Trustee may (but need not), solely for purposes of determining the pro rata allocation among such Notes as are unconverted and outstanding at the time of redemption, treat as outstanding any Notes surrendered for conversion during the period of 15 days next preceding the mailing of a notice of redemption and may (but need not) treat as outstanding any Note authenticated and delivered during such period in exchange for the unconverted portion of any Note converted in part during such period.

Appears in 1 contract

Samples: Indenture (Realogy Corp)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, selection of Notes for redemption will be made by the Trustee shall select the Notes or portions thereof to be redeemed among the Holders in compliance with the requirements of the principal national securities exchange or trading systemexchange, if any, on which the Notes are listed or accepted for trading, or, if the Notes are not so listed or accepted for tradinglisted, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate (and in accordance a manner that complies with methods generally used applicable legal requirements); provided that no Notes of $2,000 or less shall be redeemed in part. Notices of redemption shall be mailed by first class mail at least 30 but not more than 60 days before the time redemption date to each Holder of selection by fiduciaries in similar circumstancesNotes to be redeemed at its registered address. If any Note is to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof of the original Note will be issued in the name of the Holder thereof upon cancellation of the original Note. Notes called for redemption become due on Note (or appropriate adjustments to the date fixed for redemptionamount and beneficial interests in a Global Note will be made, as appropriate). On and after the redemption date, interest ceases will cease to accrue on Notes or portions thereof of them called for redemption unless the Issuer defaults in making such redemption paymentredemption. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption as long as the Company has deposited with the Paying Agent funds in satisfaction of the applicable Redemption Price pursuant to this Indenture and shall promptly notify the Issuer Company in writing of the Notes selected for redemption. The Trustee may select for redemption and, in the case of portions (equal to $2,000 or any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts integral multiples of $1,000 or whole multiples in excess thereof) of $1,000, except that if all the principal of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of that have denominations larger than $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption2,000.

Appears in 1 contract

Samples: Indenture (Actuant Corp)

Selection of Notes to Be Redeemed. If less than all of the --------------------------------- Notes are to be redeemed at any timeredeemed, selection of Notes for redemption will be made by the Trustee shall select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange or trading systemexchange, if any, on which the Notes are listed or accepted for tradinglisted, or, if the Notes are not so listed or accepted for tradinglisted, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate and in accordance with methods generally used at the time of selection by fiduciaries in similar circumstances. If any Note is to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making such redemption paymentappropriate. The Trustee shall promptly notify make the Issuer in writing selection not more than 60 days and not less than 15 days before the redemption date from Notes outstanding not previously called for redemption. The Trustee may select for redemption portions of the principal of Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemedthat have denominations larger than $1,000. Notes and portions of Notes selected them it selects shall be in amounts of $1,000 or whole integral multiples of $1,000, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall notify the Company and each Registrar promptly of the Notes or portions of Notes to be called for redemption. If any Note selected for partial redemption is converted in part after such selection, the converted portion of such Note shall be deemed (so far as may be) to be the portion to be selected for redemption. The Notes (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Note is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Notes, the Company and the Trustee may treat as outstanding any Notes surrendered for conversion during the period 15 days next preceding the mailing of a notice of redemption and need not treat as outstanding any Note authenticated and delivered during such period in exchange for the unconverted portion of any Note converted in part during such period.

Appears in 1 contract

Samples: Plasma & Materials Technologies Inc

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, selection of Notes for redemption will be made by the Trustee will select the Notes to be redeemed among the Holders in compliance with (i) any applicable legal requirements and (ii) the requirements of the principal national any securities exchange or trading system, if any, on which the Notes are then listed or accepted for trading, or, if the Notes are not so listed or accepted for tradinglisted, on a pro rata basis, by lot or by such in accordance with any other method as the Trustee shall deem considers fair and appropriate and as complies with any applicable legal requirements (in accordance with methods generally used at each case the time requirements shall be set forth to the Trustee in an Officer's Certificate of selection the Company); provided that no partial redemption shall result in any Note having an unpaid principal amount that is not an integral multiple of U.S.$1.00. In the event of partial redemption by fiduciaries in similar circumstanceslot, the particular Notes to be redeemed will be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the redemption date by the Trustee from the outstanding Notes not previously called for redemption. If any Note is to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon cancellation of the original Note. Notes called for redemption become due on Note and will be made available at the date fixed for redemption. On and after office of the redemption date, interest ceases to accrue on Notes Registrar or portions thereof called for redemption unless the Issuer defaults in making such redemption paymentany transfer agent. The Trustee shall will promptly notify the Issuer Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall will be in amounts of $1,000 U.S.$1.00 or whole integral multiples of $1,000, U.S.$1.00; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a an integral multiple of $1,000U.S.$1.00, shall will be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. Notes called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption.

Appears in 1 contract

Samples: Indenture (Claxson Interactive Group Inc)

Selection of Notes to Be Redeemed. If less fewer than all of the Notes are to be redeemed at any timeredeemed, selection of Notes for redemption will be made by the Trustee in compliance shall select the particular Notes to be redeemed from the outstanding Notes by a method that complies with the requirements of the principal national securities any exchange or trading system, if any, on which the Notes are listed or accepted for tradinglisted, or, if the Notes are not so listed or accepted for tradingon an exchange, on a pro rata basis, basis or by lot or by such method as the Trustee shall deem fair and appropriate and in accordance with methods generally used at any other method of Trustee considers fair and appropriate. Notes and portions thereof that the time of selection by fiduciaries Trustee selects shall be in similar circumstancesprincipal amounts equal to $1,000 or any whole multiple thereof. If any Note selected for partial redemption is to be redeemed converted in part only, before termination of the notice of redemption that relates conversion right with respect to such Note shall state the portion of the principal amount thereof Note so selected, the converted portion of such Note shall be deemed to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of selected for redemption (provided, however, that the Holder thereof of such Note so converted and deemed redeemed shall not be entitled to any additional interest payment as a result of such deemed redemption than such Holder would have otherwise been entitled to receive upon cancellation conversion of the original such Note). Notes called which have been converted during a selection of Notes to be redeemed may be treated by the Trustee as outstanding for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making purpose of such redemption paymentselection. The Trustee shall promptly notify the Issuer Company and the Registrar in writing of the Notes selected for redemption and, in the case of any Note Notes selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes selected shall relate, in the case of any Notes redeemed or to be redeemed only in amounts of $1,000 or whole multiples of $1,000part, except that if all to the portion of the principal amount of such Notes of a Holder are which has been or is to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Indenture (Profit Recovery Group International Inc)

Selection of Notes to Be Redeemed. If less than all In the case of any partial redemption, the Notes are to be redeemed at any time, selection of Registrar will select Notes for redemption will be made by the Trustee in compliance with the requirements of the principal national securities exchange or trading system, if any, on which the Notes are listed or accepted for trading, or, if the Notes are not so listed or accepted for trading, on a pro rata basisrata, by lot or by such other method as the Trustee Registrar shall deem fair and appropriate and Euroclear and Clearstream will select the Notes in accordance with methods generally used at the time procedures of Euroclear and Clearstream or the relevant clearing system (including by the pro rata reduction of the principal amount of all Notes by the application of a “pool factor” in accordance with the normal procedures of Euroclear and Clearstream); provided that no Notes in denominations of €100,000 or less shall be redeemed in part. The Registrar shall make the selection by fiduciaries from outstanding Notes not previously called for redemption. The Registrar may select for redemption portions of the principal of Notes that have denominations larger than €100,000. Notes and portions of them that the Registrar selects shall be in similar circumstancesprincipal amounts of €100,000 or any integral multiple of €1,000 in excess thereof. If any Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Registrar shall notify the Issuers and the Trustee as soon as practicable of the Notes or portions of Notes to be redeemed. After the redemption date, upon surrender of the Note is to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. A a new Note or Notes in principal amount equal to the unredeemed portion thereof will of the original Note representing the same Indebtedness to the extent not redeemed shall be issued in the name of the Holder thereof of the Notes upon cancellation of the original NoteNote (or appropriate book entries shall be made to reflect such partial redemption). Notes called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on the Notes or portions thereof called for redemption redemption, unless the Issuer defaults Issuers default in making such redemption payment. The Trustee shall promptly notify the Issuer in writing delivery of the redemption amount. If and for so long as any Notes selected for are listed on the Official List of the Luxembourg Stock Exchange and admitted to trading on the Euro MTF and the rules of the Luxembourg Stock Exchange so require, any redemption notice to the Holders of the relevant Notes shall also be published in a newspaper having a general circulation in Luxembourg (which is expected to be the Luxemburger Wort) or, to the extent and in the manner permitted by such rules, post such notice on the official website of the Luxembourg Stock Exchange (xxx.xxxxxx.xx), and, in the case of connection with any Note selected for partial redemption, the Company will notify the Luxembourg Stock Exchange of any change in the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 or whole multiples of $1,000, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemptionoutstanding.

Appears in 1 contract

Samples: Indenture (Tenneco Inc)

Selection of Notes to Be Redeemed. If less fewer than all of the Notes are to be redeemed at any timeredeemed, selection of the Notes for redemption to be redeemed will be made by the Trustee in compliance with the requirements of the principal national securities exchange or trading systemexchange, if any, on which the Notes are listed or accepted for trading, or, if the Notes are not so then listed or accepted for tradingon a national securities exchange, on a pro rata basis, by lot or in such other fair and reasonable manner chosen at the discretion of the Trustee; provided, however, that if a partial redemption is made with the proceeds of a Equity Offering, selection of the Notes or portion thereof for redemption shall be made by the Trustee only on a pro rata basis, or on as nearly a pro rata basis as is practicable (subject to applicable procedures of the Depository), unless such method as is otherwise prohibited. The Company shall promptly notify the Trustee shall deem fair and appropriate and the Paying Agent in accordance with methods generally used at the time of selection by fiduciaries in similar circumstances. If any Note is to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion writing of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in date of listing and the name of the Holder thereof upon cancellation of securities exchange if and when the original Note. Notes called for redemption become due are listed on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making such redemption paymenta principal national securities exchange. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption and shall promptly notify the Issuer Company and the Paying Agent in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts denominations of $1,000 may be redeemed only in whole. The Trustee may select for redemption portions (equal to $1,000 or whole multiples any integral multiple thereof) of the principal of Notes that have denominations larger than $1,000, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Indenture (Del Monte Foods Co)

Selection of Notes to Be Redeemed. If less fewer than all of the Notes are to be redeemed at any timeredeemed, selection of Notes for redemption will be made by the Trustee in compliance shall select the particular Notes to be redeemed from the Outstanding Notes by a method that complies with the requirements of the principal national securities exchange or trading system, if any, on which the Notes are listed or accepted for tradinglisted, or, if the Notes are not so listed or accepted for tradingon a national securities exchange, on a pro rata basis, PRO RATA basis or by lot or by such method as the Trustee shall deem fair and appropriate and in accordance with methods generally used at any other method of Trustee considers fair and appropriate. Notes and portions thereof that the time of selection by fiduciaries Trustee selects shall be in similar circumstancesprincipal amounts equal to $1,000 or any whole multiple thereof. If any Note selected for partial redemption is to be redeemed converted in part only, before termination of the notice of redemption that relates conversion right with respect to such Note shall state the portion of the principal amount thereof Note so selected, the converted portion of such Note shall be deemed to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of selected for redemption (provided, however, that the Holder thereof of such Note so converted and deemed redeemed shall not be entitled to any additional interest payment as a result of such deemed redemption than such Holder would have otherwise been entitled to receive upon cancellation conversion of the original such Note). Notes called which have been converted during a selection of Notes to be redeemed may be treated by the Trustee as Outstanding for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making purpose of such redemption paymentselection. The Trustee shall promptly notify the Issuer Company and the Registrar in writing of the Notes selected for redemption and, in the case of any Note Notes selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes selected shall relate, in the case of any Notes redeemed or to be redeemed only in amounts of $1,000 or whole multiples of $1,000part, except that if all to the portion of the principal amount of such Notes of a Holder are which has been or is to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Indenture (Vector Group LTD)

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Selection of Notes to Be Redeemed. If In the event that less than all of the Notes are to be redeemed at any time, selection of such Notes for redemption will be made by the Trustee in compliance with the requirements of the principal national securities exchange or trading systemexchange, if any, on which the Notes are listed or accepted for trading, or, if the Notes are not so then listed or accepted for tradingon a national securities exchange, on a pro rata PRO RATA basis, by lot or in such other fair and reasonable manner chosen at the discretion of the Trustee; PROVIDED, HOWEVER, that if a partial redemption is made with the proceeds of a Public Equity Offering, selection of the Notes or portion thereof for redemption shall be made by the Trustee only on a PRO RATA basis or as nearly on a PRO RATA basis as is practicable (subject to the Depository's procedures), unless such method as is otherwise prohibited. The Company shall promptly notify the Trustee shall deem fair and appropriate and the Paying Agent in accordance with methods generally used at the time of selection by fiduciaries in similar circumstances. If any Note is to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion writing of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in date of listing and the name of the Holder thereof upon cancellation of securities exchange if and when the original Note. Notes called for redemption become due are listed on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making such redemption paymenta principal national securities exchange. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption and shall promptly notify the Issuer Company in writing of the Notes selected for redemption and, in the case of any Note Notes selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts denominations of $1,000 or whole multiples less may be redeemed only in whole. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,000, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. On and after the date of redemption, interest will cease to accrue on the Notes or portions thereof called for redemption as long as the Company has deposited with the Paying Agent funds in satisfaction of the applicable redemption price pursuant to this Indenture.

Appears in 1 contract

Samples: Geo Specialty Chemicals Inc

Selection of Notes to Be Redeemed. If In the event that less than all of the Notes are to be redeemed at any time, selection of such Notes for redemption will be made by the Trustee in compliance with the requirements of the principal national securities exchange or trading systemexchange, if any, on which the such Notes are listed or accepted for trading, or, if the such Notes are not so then listed or accepted for tradingon a national securities exchange, on a -43- pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate and appropriate; provided, however, that no Notes of a principal amount of $1,000 or less shall be redeemed in accordance part; provided, further, that if a partial redemption is made with methods generally used the proceeds of an Equity Offering, selection of the Notes or portions thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to DTC procedures), unless such method is otherwise prohibited. Notice of redemption shall be mailed by first-class mail at least 30 but not more than 60 days before the time redemption date to each Holder of selection by fiduciaries in similar circumstancesNotes to be redeemed at its registered address. If any Note is to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. A new Note in a principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases will cease to accrue on Notes or portions thereof called for redemption unless as long as the Issuer defaults Company has deposited with the Paying Agent funds in making such redemption payment. The Trustee shall promptly notify the Issuer in writing satisfaction of the Notes selected for applicable redemption and, in the case of any Note selected for partial redemption, the principal amount thereof price pursuant to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 or whole multiples of $1,000, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemptionIndenture.

Appears in 1 contract

Samples: Vista Eyecare Inc

Selection of Notes to Be Redeemed. If less than all of The Trustee shall select the Notes are to be redeemed at any time, selection of Notes for redemption will be made by among the Trustee Holders in compliance with the requirements of the principal national securities exchange or trading systemexchange, if any, on which the Notes are listed or accepted for trading, or, if the Notes are not so listed or accepted for tradinglisted, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate (and in accordance a manner that complies with methods generally used applicable requirements of the Depositary); provided that no Notes of $2,000 or less shall be redeemed in part. Notices of redemption shall be sent electronically (to the extent permitted by applicable procedures or regulations) or mailed by first class mail at least 30 but not more than 60 days before the time redemption date to each Holder of selection by fiduciaries in similar circumstancesNotes to be redeemed at its registered address. If any Note is to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof of the original Note will be issued in the name of the Holder thereof upon cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making such redemption paymentredemption. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption and shall promptly notify the Issuer Company in writing of the Notes selected for redemption. The Trustee may select for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof portions (equal to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 or whole multiples any integral multiple thereof) of $1,000, except that if all the principal of the Notes that have denominations larger than $2,000; provided that no Notes of a Holder are to be redeemed, the entire less that $2,000 remain outstanding amount of Notes held by after such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Supplemental Indenture (Olin Corp)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, selection of Notes for redemption will shall be made by the Trustee in compliance with the requirements of the principal national securities exchange or trading systemexchange, if any, on which the Notes are listed or accepted for tradinglisted, or, if the Notes are not so listed or accepted for tradinglisted, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate and appropriate; provided that no Notes of less than $1,000 shall be redeemed in accordance with methods generally used part. Notices of redemption shall be mailed by first class mail at least 30 but not more than 60 days before the time redemption date to each Holder of selection by fiduciaries in similar circumstancesNotes to be redeemed at its registered address. If any Note is to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will shall be issued in the name of the Holder thereof upon cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof of them called for redemption unless the Issuer defaults in making such redemption paymentredemption. The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 or whole multiples of $1,000, ; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. As of the date hereof, the Notes are not listed on any national securities exchange. The Company shall give written notice to the Trustee of any such listing promptly after it becomes effective.

Appears in 1 contract

Samples: Blount International Inc

Selection of Notes to Be Redeemed. If less than all of the outstanding Notes are to be redeemed at any time, selection of Notes for redemption will be made by the Trustee Company, the Trustee, on behalf of the Company, shall select the outstanding Notes to be redeemed in compliance with the requirements of the principal national securities exchange or trading systemexchange, if any, on which the Notes are listed or accepted for trading, or, if the Notes are not so listed or accepted for tradingon such an exchange the Trustee, on behalf of the Company, shall select the outstanding Notes to be redeemed on a pro rata basis, by lot or by such any other method as that the Trustee deems fair and appropriate; provided, that a redemption pursuant to the provisions relating to Public Equity Offerings will be on a pro rata basis. Notes redeemed in part shall only be redeemed in integral multiples of $1,000. If the Company elects to mail notice of a redemption to Holders, the Trustee shall deem fair and appropriate and in accordance with methods generally used at least five days prior to the time date notice of selection by fiduciaries in similar circumstances. If any Note redemption is to be redeemed in part onlymailed, (i) select, on behalf of the Company, the notice of redemption that relates Notes to such Note shall state be redeemed from Notes outstanding not previously called for redemption, and (ii) notify the portion Company of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name names of the each Holder thereof upon cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making such redemption payment. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof of Notes held by each such Holder and the principal amount of such Holder's Notes that are to 35 -28- be redeemed. The Trustee shall select for redemption Notes and or portions of Notes selected shall be in principal amounts of $1,000 or whole integral multiples of $1,000, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall notify the Company promptly of the Notes or portions of Notes to be called for redemption. The Company shall notify the Trustee of its acceptance for payment of the Notes selected for redemption.

Appears in 1 contract

Samples: Phonetel Technologies Inc

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed or purchased in an offer to purchase at any time, selection of Notes for redemption will be made by the Trustee shall select the Notes to be redeemed or purchased among the Holders of the Notes in compliance with the requirements of the principal national securities exchange or trading systemexchange, if any, on which the Notes are listed or accepted for trading, or, if the Notes are not so listed or accepted for tradinglisted, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate and in accordance with methods generally used at any other method the time Trustee considers fair and appropriate; provided that no Notes of selection $2,000 or less shall be redeemed in part. In the event of partial redemption by fiduciaries in similar circumstances. If any Note is lot, the particular Notes to be redeemed in part onlyshall be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the redemption date by the Trustee from the outstanding Notes not previously called for redemption, except that redemption notices may be mailed more than 60 days prior to a redemption date if the notice of redemption that relates to such Note shall state the portion is issued in connection with a defeasance of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making such redemption paymenta satisfaction and discharge pursuant to Article 10 hereof. The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 2,000 or whole multiples of $1,000, ; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption, except that redemption notices may be mailed more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge pursuant to Article 10 hereof. Notices of redemption may not be conditional.

Appears in 1 contract

Samples: Indenture (Parker Drilling Co /De/)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, selection of Notes for redemption will be made by the Trustee in compliance with the requirements of the principal national any securities exchange or trading system, if any, on which the Notes are listed listed. In the absence of any requirements of any securities exchange or accepted for trading, or, if the Notes are not so listed or accepted for tradinglisted, selection of the Notes to be redeemed will be made by lot, on a pro rata basis, by lot basis or by such any other method as the Trustee shall deem considers fair and appropriate and in accordance with methods generally used at the time appropriate, provided that no Notes of selection by fiduciaries in similar circumstances. If any Note is to $1,000 or less will be redeemed in part only, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making such redemption paymentpart. The Trustee shall promptly notify make the Issuer in writing of selection not more than 60 days and not less than 30 days before the redemption date from Notes selected outstanding not previously called for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 or whole integral multiples of $1,000, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall notify the Company promptly of the Notes or portions of Notes to be called for redemption. If any Note selected for partial redemption is converted in part after such selection, the converted portion of such Note shall be deemed (so far as may be) to be the portion to be selected for redemption. The Notes (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereunder, notwithstanding that any such Note is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Notes, the Company and the Trustee may treat as outstanding any Notes surrendered for conversion during the period 15 days next preceding the mailing of a notice of redemption and need not treat as outstanding any Note authenticated and delivered during such period in exchange for the unconverted portion of any Note converted in part during such period.

Appears in 1 contract

Samples: Akamai Technologies Inc

Selection of Notes to Be Redeemed. If less fewer than all of the Notes are to be redeemed at any timeredeemed, selection of Notes for redemption will be made by the Trustee in compliance shall select the particular Notes to be redeemed from the outstanding Notes by a method that complies with the requirements of the principal national securities any exchange or trading system, if any, on which the Notes are listed or accepted for tradinglisted, or, if the Notes are not so listed or accepted for tradingon an exchange, on a pro rata basis, basis or by lot or by such method as the Trustee shall deem fair and appropriate and in accordance with methods generally used at any other method the time of selection by fiduciaries Trustee considers fair and appropriate. Notes and portions thereof that the Trustee selects shall be in similar circumstancesprincipal amounts equal to $1,000 or any whole multiple thereof. If any Note selected for partial redemption is to be redeemed converted in part only, before termination of the notice of redemption that relates conversion right with respect to such Note shall state the portion of the principal amount thereof Note so selected, the converted portion of such Note shall be deemed to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of selected for redemption (provided, however, that the Holder thereof of such Note so converted and deemed redeemed shall not be entitled to any additional interest payment as a result of such deemed redemption than such Holder would have otherwise been entitled to receive upon cancellation conversion of the original such Note). Notes called which have been converted during a selection of Notes to be redeemed may be treated by the Trustee as outstanding for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making purpose of such redemption paymentselection. The Trustee shall promptly notify the Issuer Company and the Registrar in writing of the Notes selected for redemption and, in the case of any Note Notes selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes selected shall relate, in the case of any Notes redeemed or to be redeemed only in amounts of $1,000 or whole multiples of $1,000part, except that if all to the portion of the principal amount of such Notes of a Holder are which has been or is to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Indenture (Veeco Instruments Inc)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, selection of Notes for redemption will be made by the Trustee in compliance with the requirements of the principal national securities exchange or trading system, if any, on which the Notes are listed or accepted for trading, or, if the Notes are not so listed or accepted for trading, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate and in accordance with methods generally used at the time of selection or require unless otherwise required by fiduciaries in similar circumstanceslaw or applicable stock exchange or depositary requirements. If any Note is to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making such redemption payment. The Trustee shall promptly notify the Issuer Company and the Registrar in writing of the Notes selected for redemption and, in the case of any Note Notes selected for partial redemption, the principal amount thereof to be redeemed. No Notes of $2,000 or less in principal amount can be redeemed or purchased in part. Notes and portions of Notes selected shall will be in amounts of $1,000 2,000 or whole multiples of $1,0001,000 in excess thereof, except that if all of the Notes of a Holder are to be redeemedredeemed or purchased, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, Holder shall be redeemedredeemed or purchased. Except as provided For purposes of this Supplemental Indenture, unless the context otherwise requires, all provisions relating to redemption of Notes shall relate, in the preceding sentencecase of any of the Notes redeemed or to be redeemed only in part, provisions to the portion of this Indenture that apply the principal amount thereof which has been or is to Notes called for redemption also apply to portions of Notes called for redemptionbe redeemed.

Appears in 1 contract

Samples: Third Supplemental Indenture (Bristow Group Inc)

Selection of Notes to Be Redeemed. (a) If less than all of the New Third Lien Secured Notes are to be redeemed at any timeredeemed, selection of the Third Lien Trustee shall select the New Third Lien Secured Notes for redemption will be made by lot (or as nearly pro rata basis as practicable) unless otherwise required by law or the Trustee in compliance with the requirements rules of the principal national securities exchange or trading systemexchange, if any, on which the New Third Lien Secured Notes are listed or accepted (but only to the extent that the Third Lien Trustee has been notified in writing of such listing by the Company) provided that the selection of the New Third Lien Secured Notes for trading, or, redemption shall not result in a Holder of New Third Lien Secured Notes owning less than $2,000 in principal amount of New Third Lien Secured Notes; provided further that if the New Third Lien Secured Notes are not so listed or accepted Global Notes, interests such Global Notes will be selected for trading, on a pro rata basis, redemption by lot or by such method as the Trustee shall deem fair and appropriate and Depository in accordance with methods generally used at the time Applicable Procedures. In the event of selection partial redemption by fiduciaries in similar circumstances. If any Note is lot, the particular New Third Lien Secured Notes to be redeemed in part onlyshall be selected, the notice of redemption that relates unless otherwise provided herein, not less than forty-five (45) nor more than sixty-five (65) days prior to such Note shall state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on by the Third Lien Trustee from the outstanding New Third Lien Secured Notes or portions thereof not previously called for redemption. If all of the New Third Lien Secured Notes are Global Notes, interests in the New Third Lien Secured Notes to be redeemed will be selected for redemption unless by the Issuer defaults Depositary in making such redemption paymentaccordance with the Applicable Procedures. The Third Lien Trustee shall promptly notify the Issuer Company in writing of the New Third Lien Secured Notes selected for redemption and, in the case of any New Third Lien Secured Note selected for partial redemption, the principal amount thereof to be redeemed. No New Third Lien Secured Notes in amounts of $2,000 or less shall be redeemed in part. New Third Lien Secured Notes and portions of New Third Lien Secured Notes selected shall be in amounts of $1,000 2,000 or whole integral multiples of $1,000, ; except that if all of the New Third Lien Secured Notes of a Holder are to be redeemed, the entire outstanding amount of New Third Lien Secured Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Third Lien Indenture that apply to New Third Lien Secured Notes called for redemption also apply to portions of New Third Lien Secured Notes called for redemption.

Appears in 1 contract

Samples: Bed Bath & Beyond Canada L.P.

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, selection of Notes for redemption will shall be made by the Trustee in compliance with the requirements of the principal national securities exchange or trading systemexchange, if any, on which the Notes are listed or accepted for tradinglisted, or, if the Notes are not so listed or accepted for tradinglisted, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate and appropriate, subject to the Applicable Procedures; provided that no Notes of $2,000 or less shall be redeemed in accordance with methods generally used at part. In the time event of selection partial redemption by fiduciaries in similar circumstances. If any Note is lot, the particular Notes to be redeemed in part onlyshall be selected, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal unless otherwise provided herein, not less than 30 nor more than 60 days prior to the unredeemed portion thereof will be issued in redemption date by the name of Trustee from the Holder thereof upon cancellation of the original Note. outstanding Notes not previously called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making such redemption payment. The Trustee shall promptly notify the Issuer Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 2,000 or whole multiples of $1,000, 1,000 in excess thereof; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. A new Note in principal amount equal to the unredeemed portion thereof shall be issued in the name of the Holder thereof upon cancellation of the original Note. On and after the redemption date, unless the Issuers default in the payment of the redemption price, interest and Additional Interest, if any, shall cease to accrue on the principal amount of the Notes or portions thereof called for redemption. Except as provided in the preceding sentencethis Section 3.02, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Indenture (TitleMax of Virginia, Inc.)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, selection of Notes for redemption will shall be made by the Trustee in compliance with the requirements of the principal national securities exchange or trading systemexchange, if any, on which the Notes are listed or accepted for tradinglisted, or, if the Notes are not so listed or accepted for tradinglisted, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate and appropriate. In the event of a partial redemption pursuant to Section 3.07(a) hereof, selection of the Notes or portions thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of The Depository Trust Company), unless that method is otherwise prohibited. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 45 nor more than 75 days prior to the redemption date by the Trustee (unless a shorter time period shall be satisfactory to the Trustee) from the outstanding Notes not previously called for redemption. No Notes of $1,000 or less shall be redeemed in accordance with methods generally used part; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Notices of redemption shall be mailed by first class mail at least 30 but not more than 60 days before the time redemption date to each Holder of selection by fiduciaries in similar circumstancesNotes to be redeemed at its registered address. Notices of redemption may not be conditional. If any Note is to be redeemed in part only, the notice of redemption that relates to such that Note shall state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof of the original Note will be issued in the name of the Holder thereof upon cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making such redemption payment. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 or whole multiples of $1,000, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes them called for redemption.

Appears in 1 contract

Samples: Emergency Medical Services CORP

Selection of Notes to Be Redeemed. If less fewer than all of the Notes are to be redeemed at any timeredeemed, selection of Notes for redemption will be made by the Trustee in compliance shall select the particular Notes to be redeemed from the Outstanding Notes by a method that complies with the requirements of the principal national securities any exchange or trading system, if any, on which the Notes are listed or accepted for tradinglisted, or, if the Notes are not so listed or accepted for tradingon an exchange, on a pro rata basis, basis or by lot or by such method as the Trustee shall deem fair and appropriate and in accordance with methods generally used at any other method the time of selection by fiduciaries in similar circumstancesTrustee considers fair and appropriate. If any Note is to be redeemed in part only, the notice of The Trustee may select for redemption that relates to such Note shall state the portion portions of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making such redemption payment. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemedthat have denominations larger than $1,000. Notes and portions of Notes selected thereof that the Trustee selects shall be in principal amounts of $1,000 or whole in integral multiples of $1,000, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall notify the Company promptly of the Notes or portions of Notes to be redeemed. The Trustee shall promptly notify the Company and the Registrar in writing of the Notes selected for redemption and, in the case of any Notes selected for partial redemption, the principal amount thereof to be redeemed. If any Note selected for partial redemption is converted or elected to be purchased in part before termination of the conversion right or Purchase Right with respect to the portion of the Note so selected, the converted or purchased portion of such Note shall be deemed to be the portion selected for redemption; provided, however, that the Holder of such Note so converted or purchased and deemed redeemed shall not be entitled to any additional interest payment as a result of such deemed redemption than such Holder would have otherwise been entitled to receive upon conversion or purchase of such Note subject to Section 2.1(e). Notes which have been converted or purchased during a selection of Notes to be redeemed may be treated by the Trustee as Outstanding for the purpose of such selection. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes shall relate, in the case of any Notes redeemed or to be redeemed only in part, to the portion of the principal amount of such Notes which has been or is to be redeemed.

Appears in 1 contract

Samples: Indenture (Infocrossing Inc)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any timeredeemed, selection of Notes for redemption will be made by the Trustee in compliance with shall select the requirements Notes to be redeemed among the Holders of the principal national securities exchange or trading system, if any, on which the Notes are listed or accepted for trading, or, if the Notes are not so listed or accepted for trading, on a pro rata basisrata, by lot or by such in accordance with a method as which the Trustee shall deem considers to be fair and appropriate (and in accordance such manner as complies with methods generally used at applicable legal and stock exchange requirements, if any). In the time event of selection partial redemption by fiduciaries in similar circumstances. If any Note is lot, the particular Notes to be redeemed in part onlyshall be selected, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal unless otherwise provided herein, not less than 30 nor more than 60 days prior to the unredeemed portion thereof will be issued in redemption date by the name of Trustee from the Holder thereof upon cancellation of the original Note. outstanding Notes not previously called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making such redemption payment. The Trustee shall promptly notify the Issuer Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes them selected shall be in face amounts of $1,000 or whole multiples of $1,000, ; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. In the event the Issuers are required to make an Asset Sale Offer pursuant to Section 3.9 and Section 4.16 or an Excess Harvest Offer pursuant to Section 3.9 and Section 4.17, and the amount of the Net Proceeds from the Asset Sale or Excess Harvest is not evenly divisible by $1,000, the Trustee shall promptly refund to the Issuers the portion of such Excess Proceeds or Excess Harvest Proceeds that is not necessary to purchase the immediately lesser principal amount of Notes that is so divisible.

Appears in 1 contract

Samples: U S Timberlands Co Lp

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, selection of Notes for redemption will be made by the Trustee shall select the Notes to be redeemed among the Holders in compliance with the requirements of the principal national securities exchange or trading systemexchange, if any, on which the Notes are listed or accepted for trading, or, if the Notes are not so listed or accepted for tradinglisted, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate (and in accordance a manner that complies with methods generally used at the time applicable legal requirements); provided that no Notes of selection by fiduciaries in similar circumstances. If any Note is to $2,000 or less shall be redeemed in part only, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon cancellation of the original Note. Notes called for redemption become due on the date fixed for redemptionpart. On and after the redemption date, interest ceases shall cease to accrue on Notes or portions thereof of them called for redemption. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption unless and shall promptly notify the Issuer defaults Issuers in making such writing of the Notes selected for redemption. The Trustee may select for redemption paymentportions (equal to $1,000 or any integral multiple thereof) of the principal of the Notes that have denominations larger than $2,000. The Trustee shall promptly notify the Issuer Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 2,000 or whole multiples of $1,0001,000 in excess thereof; no Notes of less than $2,000 can be redeemed in part, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, 1,000 shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: APT Sunshine State LLC

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed or purchased at any time, selection of such Notes for redemption will or purchase shall be made by the Trustee in compliance with the requirements of the principal national securities exchange or trading system, if any, on which the Notes are listed or accepted for trading, or, if the Notes are not so listed or accepted for trading, on a pro rata basisbasis to the extent practicable or, by lot or to the extent that selection on a pro rata basis is not practicable for any reason, by such method as required by the Trustee shall deem fair and appropriate and rules of the Depositary; provided that no Notes of $200,000 or less may be purchased or redeemed in accordance with methods generally used at part. None of the time of Trustee, the Registrar or the Paying Agents will be liable for any selection by fiduciaries in similar circumstancesmade under this Section 3.02. If any Note is to be redeemed in part only, the notice of redemption that relates relating to such Note shall state the portion of the principal amount thereof to be redeemed. A new Note New Notes in principal amount equal to the unredeemed or unpurchased portion thereof of any Notes redeemed or purchased in part will be issued in the name of the Holder thereof upon cancellation of the original Note. Notes called for redemption become due on the date fixed for redemptionNotes. On and after the redemption Redemption Date or purchase date, unless the Issuers default in payment of the redemption price or the purchase price, interest ceases will cease to accrue on Notes or portions thereof purchased or called for redemption or purchase. In the event of partial redemption by lot, the particular Notes to be redeemed or purchased shall be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the Issuer defaults in making such redemption paymentfrom the outstanding Notes not previously called for redemption. The Trustee shall promptly notify the Issuer Issuers in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 200,000 or whole multiples of $1,000, ; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not in an amount of $200,000 or a whole multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Indenture (Vrio Corp.)

Selection of Notes to Be Redeemed. If less than all of the Dollar Notes or the Euro Notes, as the case may be, are to be redeemed at any time, selection of the Trustee will select the Notes for redemption will be made by the Trustee in compliance with the requirements of the principal national securities exchange or trading system, if any, on which the Notes are listed or accepted for trading, or, if the Notes are not so listed or accepted for trading, on a pro rata basis, basis unless otherwise required by lot law or applicable depositary or stock exchange requirements. The Trustee will not be liable for selections made by such method as the Trustee shall deem fair and appropriate and it in accordance with methods generally used this Section 3.02. No Euro Notes of €100,000 or less or Dollar Notes of $200,000 or less can be redeemed in part. If the Issuer elects to redeem the Notes, it shall deliver an Officer’s Certificate to the Trustee (copying the Paying Agent) notifying the Trustee and the Paying Agent of the proposed redemption date, the principal amount of Notes to be redeemed and the provisions on which the Issuer relies to redeem. Notices of redemption will be mailed by first class mail at least 30 but not more than 60 days before the redemption date to each holder of Notes to be redeemed at its registered address, except that redemption notices may be mailed more than 60 days prior to a redemption date if the notice is issued in connection with a defeasance of the Notes or a satisfaction and discharge of the Indenture. Any redemption and notice of redemption may, at the time Issuer’s discretion, be subject to the satisfaction of selection by fiduciaries in similar circumstancesone or more conditions precedent. Notices of purchase or redemption shall be given to each Holder pursuant to Section 14.01. If any Dollar Note or Euro Note is to be redeemed in part only, the notice of redemption that relates to such that Note shall will state the portion of the principal amount thereof of that Note that is to be redeemed. A In the case of certified Notes, a new Dollar Note or Euro Note, as the case may be, in principal amount equal to the unredeemed portion thereof of the original Dollar Note or the Euro Note, as applicable, will be issued in the name of the Holder thereof of Notes upon cancellation of the original Note, as applicable. Notes called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof of Notes called for redemption. In relation to Definitive Registered Notes, a new Note in principal amount equal to the unpurchased or unredeemed portion of any Note purchased or redeemed in part will be issued in the name of the Holder thereof upon cancellation of the original Note. On or after any purchase or redemption date, unless the Issuer defaults in making such redemption payment. The Trustee shall promptly notify the Issuer in writing payment of the purchase or redemption price, interest shall cease to accrue on Notes selected or portions thereof tendered for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 purchase or whole multiples of $1,000, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Indenture (VimpelCom Ltd.)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, selection of Notes for redemption will shall be made by the Trustee in compliance with the requirements of the principal national securities exchange or trading systemexchange, if any, on which the Notes are listed or accepted for tradinglisted, or, if the Notes are not so listed or accepted for tradinglisted, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate and appropriate, subject to the Applicable Procedures; provided that no Notes of $2,000 or less shall be redeemed in accordance with methods generally used at part. In the time event of selection partial redemption by fiduciaries in similar circumstances. If any Note is lot, the particular Notes to be redeemed in part onlyshall be selected, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal unless otherwise provided herein, not less than 30 nor more than 60 days prior to the unredeemed portion thereof will be issued in redemption date by the name of Trustee from the Holder thereof upon cancellation of the original Note. outstanding Notes not previously called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making such redemption payment. The Trustee shall promptly notify the Issuer in writing Company of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in minimum amounts of $1,000 2,000 or whole multiples of $1,000, 1,000 in excess thereof; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. On and after the redemption or purchase date, unless the Company defaults in the payment of the redemption price, interest and Additional Interest, if any, shall cease to accrue on the principal amount of the Notes or portions thereof called for redemption. Except as provided in the preceding sentencethis Section 3.02, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Supplemental Indenture (Affinity Guest Services, LLC)

Selection of Notes to Be Redeemed. If less fewer than all of the Notes are to be redeemed at any timeredeemed, selection of Notes for redemption will be made by the Trustee in compliance shall select the Notes to be redeemed by a method that complies with the requirements of the principal national securities exchange or trading systemexchange, if any, on which the Notes are listed or accepted for trading, quoted or, if the Notes are not so listed or accepted for tradinglisted, on a pro rata basis, by lot or by such any other method as that the Trustee shall deem considers fair and appropriate appropriate. The Trustee shall make the selection not more than 60 days and in accordance with methods generally used at not less than 30 days before the time of selection by fiduciaries in similar circumstancesRedemption Date from Notes outstanding and not previously called for redemption. If any Note is to be redeemed in part only, the notice of The Trustee may select for redemption that relates to such Note shall state the a portion of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making such redemption payment. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemedthat has a denomination larger than $1,000. Notes and portions of Notes selected shall thereof will be redeemed in amounts the amount of $1,000 or whole integral multiples of $1,000, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall notify the Company promptly of the Notes or portions of Notes to be called for redemption. If any Note selected for partial redemption is converted in part after such selection, the converted portion of such Note shall be deemed (so far as may be) to be the portion to be selected for redemption. The Notes (or portion thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Note is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of fewer than all the Notes, the Company and the Trustee may treat as outstanding any Notes surrendered for conversion during the period of 15 days next preceding the mailing of a notice of redemption and need not treat as outstanding any Note authenticated and delivered during such period in exchange for the unconverted portion of any Note converted in part during such period.

Appears in 1 contract

Samples: Indenture (Agere Systems Inc)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed or purchased at any time, selection of Notes for redemption will be made by the Trustee shall select the Notes to be redeemed or purchased among the Holders of the Notes in compliance with the requirements of the principal national securities exchange or trading systemexchange, if any, on which the Notes are listed or accepted for trading, or, if the Notes are not so listed or accepted for tradinglisted, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate and in accordance with methods generally used at any other method the time Trustee considers fair and appropriate; provided, however, that if a partial redemption is made with the proceeds of an Equity Offering, selection by fiduciaries in similar circumstances. If any Note is to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless such method is prohibited. Any such determination by the Trustee shall be conclusive. In the event of partial redemption by lot, the particular Notes to be redeemed shall be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the redemption date by the Trustee from the outstanding Notes not previously called for redemption unless the Issuer defaults in making such redemption paymentredemption. The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 or whole multiples of $1,000, ; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Grant Prideco Inc

Selection of Notes to Be Redeemed. If less fewer than all the Fixed Rate Notes of the Notes a series are to be redeemed redeemed, the Company shall deliver to the Trustee, at any time, selection least three Business Days before the notice of Notes for redemption will is to be made by sent to Holders (unless the Trustee in compliance with agrees to a shorter period of time), an Officers’ Certificate requesting the requirements Trustee select the Fixed Rate Notes of such series to be redeemed. The Trustee shall, subject to applicable law, select the principal national securities exchange or trading system, if any, on which the Fixed Rate Notes are listed or accepted for trading, or, if the Notes are not so listed or accepted for trading, on a of such series to be redeemed pro rata basisrata, by lot or by such other method as the Trustee shall deem fair and in its sole discretion deems appropriate and fair. No Fixed Rate Notes of a principal amount of $2,000 or less will be redeemed in accordance with methods generally used at the time of selection by fiduciaries in similar circumstancespart. If any Fixed Rate Note is to be redeemed in part only, the notice of redemption that relates to such the Fixed Rate Note shall will state the portion of the principal amount thereof of the Fixed Rate Note to be redeemed. A new Fixed Rate Note in a principal amount equal to the unredeemed portion thereof of the Fixed Rate Note will be issued in the name of the Holder thereof holder of the Fixed Rate Note upon surrender for cancellation of the original Fixed Rate Note. For so long as the Fixed Rate Notes called for redemption become due on are held by the date fixed for redemption. On and after Depositary, the redemption date, interest ceases to accrue on of the Notes or portions thereof called for redemption unless shall be done in accordance with the Issuer defaults in making such redemption paymentpolicies and procedures of the Depositary. The Trustee shall promptly notify make the Issuer in writing selection of the Fixed Rate Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 or whole multiples of $1,000, except that if all of the redeemed from outstanding Fixed Rate Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if series not a multiple of $1,000, shall be redeemedpreviously called for redemption. Except as provided in the preceding sentence, provisions Provisions of this First Supplemental Indenture that apply to the Fixed Rate Notes called for redemption also apply to portions of the Fixed Rate Notes called for redemption. The Trustee shall notify the Company promptly of the Fixed Rate Notes or portions of the Fixed Rate Notes to be redeemed.

Appears in 1 contract

Samples: First Supplemental Indenture (Keurig Dr Pepper Inc.)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, selection of Notes for redemption will be made by the Trustee shall select the Notes to be redeemed among the Holders of the Notes in compliance with the requirements of the principal national securities exchange or trading systemexchange, if any, on which the Notes are listed or accepted for trading, or, if the Notes are not so listed or accepted for tradinglisted, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate and in accordance with methods generally used at any other method the time Trustee considers fair and appropriate; provided that no Notes of selection by fiduciaries $1,000 or less will be redeemed in similar circumstancespart. If any Note is In the event that less than all of the Notes are to be redeemed in part onlyby lot, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof particular Notes to be redeemed. A new Note in principal amount equal redeemed shall be selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the unredeemed portion thereof will be issued in redemption date by the name of Trustee from the Holder thereof upon cancellation of the original Note. outstanding Notes not previously called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making such redemption payment. The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 or whole multiples of $1,000, ; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The provisions of the two preceding paragraphs of this Section 3.2 shall not apply with respect to any redemption affecting only a Global Note, whether such Global Note is to be redeemed in whole or in part. In case of any such redemption in part, the unredeemed portion of the principal amount of the Global Note shall be in an authorized denomination.

Appears in 1 contract

Samples: Indenture (Taylor Companies Inc)

Selection of Notes to Be Redeemed. If In the event that less than all of the Notes are to be redeemed at any time, selection of the Notes for redemption will to be redeemed shall be made by the Trustee in compliance with the requirements of the principal national securities exchange or trading systemexchange, if any, on which the such Notes are listed or accepted for trading, or, if the such Notes are not so then listed or accepted for tradingon a national securities exchange, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate and appropriate; provided, however, that no Notes of a principal amount of Euro 1,000 or less shall be redeemed in accordance part; provided, further, that if a partial redemption is made with methods generally used the proceeds of a Public Equity Offering, selection of the Notes or portions thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless such method is otherwise prohibited. Notice of redemption shall be mailed by first- class mail at least 30 but not more than 60 days before the time redemption date to each Holder of selection by fiduciaries in similar circumstancesNotes to be redeemed at its registered address. If any Note is to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. A new Note in a principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon delivery of the original Note to the Paying Agent and cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases will cease to accrue on Notes or portions thereof called for redemption unless as long as the Issuer defaults Company has deposited with the Paying Agents in making such redemption payment. The Trustee shall promptly notify the Issuer New York and Luxembourg funds in writing satisfaction of the Notes selected for applicable redemption and, in the case of any Note selected for partial redemption, the principal amount thereof price pursuant to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 or whole multiples of $1,000, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemptionIndenture.

Appears in 1 contract

Samples: Tokheim Corp

Selection of Notes to Be Redeemed. If less fewer than all of --------------------------------- the Notes are to be redeemed at any timeredeemed, selection of Notes for redemption will be made by the Trustee in compliance shall select the particular Notes to be redeemed from the outstanding Notes by a method that complies with the requirements of the principal national securities any exchange or trading system, if any, on which the Notes are listed or accepted for tradinglisted, or, if the Notes are not so listed or accepted for tradingon an exchange, on a pro rata basis, basis or by lot or by such method as the Trustee shall deem fair and appropriate and in accordance with methods generally used at any other method of Trustee considers fair and appropriate. Notes and portions thereof that the time of selection by fiduciaries Trustee selects shall be in similar circumstancesprincipal amounts equal to $1,000 or any whole multiple thereof. If any Note selected for partial redemption is to be redeemed converted in part only, before termination of the notice of redemption that relates conversion right with respect to such Note shall state the portion of the principal amount thereof Note so selected, the converted portion of such Note shall be deemed to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of selected for redemption (provided, however, that the Holder thereof of such Note so converted and deemed redeemed shall not be entitled to any additional interest payment as a result of such deemed redemption than such Holder would have otherwise been entitled to receive upon cancellation conversion of the original such Note). Notes called which have been converted during a selection of Notes to be redeemed may be treated by the Trustee as outstanding for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making purpose of such redemption paymentselection. The Trustee shall promptly notify the Issuer Company and the Registrar in writing of the Notes selected for redemption and, in the case of any Note Notes selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes selected shall relate, in the case of any Notes redeemed or to be redeemed only in amounts of $1,000 or whole multiples of $1,000part, except that if all to the portion of the principal amount of such Notes of a Holder are which has been or is to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Asyst Technologies Inc /Ca/

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, selection of Notes for redemption will shall be made by the Trustee in compliance with the requirements of the principal national securities exchange or trading systemexchange, if any, on which the Notes are listed or accepted for tradinglisted, or, if the Notes are not so listed or accepted for tradinglisted, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate and appropriate; provided that no Notes of $100,000 or less shall be redeemed in accordance with methods generally used part. Notices of redemption shall be mailed by first class mail at least 30 but not more than 60 days before the time redemption date to each Holder of selection by fiduciaries in similar circumstancesNotes to be redeemed at its registered address. Notices of redemption may not be conditional. If any Note is to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will shall be issued in the name of the Holder thereof upon cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof of them called for redemption unless the Issuer defaults in making such redemption paymentredemption. The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 100,000 or whole multiples of $1,000, 1,000 in excess thereof; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: L 3 Communications Holdings Inc

Selection of Notes to Be Redeemed. If less than all In the case of any partial redemption, the Notes are to be redeemed at any time, selection of Registrar will select Notes for redemption will be made by the Trustee in compliance with the requirements of the principal national securities exchange or trading system, if any, on which the Notes are listed or accepted for trading, or, if the Notes are not so listed or accepted for trading, on a pro rata basisrata, by lot or by such other method as the Trustee shall deem fair and appropriate and in accordance with methods generally used at the time procedures of Euroclear and Clearstream or the relevant clearing system (including by the pro rata reduction of the principal amount of all Notes by the application of a "pool factor" in accordance with the normal procedures of Euroclear and Clearstream); provided that no Notes in denominations of €100,000 or less shall be redeemed in part. The Registrar shall make the selection by fiduciaries from outstanding Notes not previously called for redemption. The Registrar may select for redemption portions of the principal of Notes that have denominations larger than €100,000. Notes and portions of them that the Registrar selects shall be in similar circumstancesprincipal amounts of €100,000 or any integral multiple of €1,000 in excess thereof. If any Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Registrar shall notify the Issuer and the Trustee as soon as practicable of the Notes or portions of Notes to be redeemed. After the redemption date, upon surrender of the Note is to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. A a new Note or Notes in principal amount equal to the unredeemed portion thereof will of the original Note representing the same Indebtedness to the extent not redeemed shall be issued in the name of the Holder thereof of the Notes upon cancellation of the original NoteNote (or appropriate book entries shall be made to reflect such partial redemption). Notes called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on the Notes or portions thereof called for redemption redemption, unless the Issuer defaults in making such redemption payment. The Trustee shall promptly notify the Issuer in writing delivery of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 or whole multiples of $1,000, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemptionamount.

Appears in 1 contract

Samples: Kronos Worldwide Inc

Selection of Notes to Be Redeemed. If less than all of the Fixed Rate Notes are or Floating Rate Notes, as the case may be, to be redeemed at any time, selection of Notes for redemption will be made by the Trustee in compliance with the requirements of the principal national securities exchange or trading systemexchange, if any, on which the Fixed Rate Notes or Floating Rate Notes, as the case may be, are listed or accepted for trading, or, if the Fixed Rate Notes or Floating Rate Notes, as the case may be, are not so then listed or accepted for tradingon a national securities exchange, on a pro rata basisbasis within such type of Notes, by lot or in such other fair and reasonable manner chosen at the discretion of the Trustee; provided, however, that if a partial redemption is made with the proceeds of a Public Equity Offering, selection of the Fixed Rate Notes or portion thereof for redemption shall be made by the Trustee only on a pro rata basis or as nearly on a pro rata basis as is practicable (subject to the Depository's procedures), unless such method as is otherwise prohibited. The Company shall promptly notify the Trustee shall deem fair and appropriate and the Paying Agent in accordance with methods generally used at the time of selection by fiduciaries in similar circumstances. If any Note is to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion writing of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in date of listing and the name of the Holder thereof upon cancellation of securities exchange if and when the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Fixed Rate Notes or portions thereof called for redemption unless Floating Rate Notes, as the Issuer defaults in making such redemption paymentcase may be, are listed on a principal national securities exchange. The Trustee shall make the selection from the Fixed Rate Notes or Floating Rate Notes, as the case may be, outstanding and not previously called for redemption and shall promptly notify the Issuer Company in writing of the Fixed Rate Notes or Floating Rate Notes, as the case may be, selected for redemption and, in the case of any Note Fixed Rate Notes or Floating Rate Notes, as the case may be, selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts denominations of $1,000 or whole multiples less may be redeemed only in whole. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,000, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. On and after the date of redemption, interest will cease to accrue on the Notes or portions thereof called for redemption as long as the Company has deposited with the Paying Agent funds in satisfaction of the applicable redemption price pursuant to this Indenture.

Appears in 1 contract

Samples: McMS Inc

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, selection of Notes for redemption will be made by the Trustee in compliance with the requirements of the principal national securities exchange or trading system, if any, on which the Notes are listed or accepted for trading, or, if the Notes are not so listed or accepted for trading, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate and in accordance with methods generally used at the time of selection by fiduciaries in similar circumstances. If any Note is to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof of them called for redemption unless the Issuer defaults in making such redemption payment. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 or whole multiples of $1,000, ; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Amf Bowling Worldwide Inc

Selection of Notes to Be Redeemed. If In the event that less than all of the Notes are to be redeemed at any time, selection of Notes such Notes, or portions thereof, for redemption will be made by the Trustee in compliance with the requirements of the principal national securities exchange or trading systemexchange, if any, on which the Notes are listed or accepted for trading, or, if the Notes are not so then listed or accepted for tradingon a national securities exchange, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate appropriate; provided, however, that no Notes of a principal amount of $1,000 or less shall be redeemed in part; and provided, further, that if a partial redemption is made with the proceeds of an Equity Offering, selection of the Notes or portions thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless such method is otherwise prohibited. Notice of redemption shall be mailed by first-class mail in accordance with methods generally used at the time provisions of selection by fiduciaries in similar circumstancesSection 3.04. If any Note is to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. A new Note in a principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the redemption dateapplicable Redemption Date, interest ceases will cease to accrue on Notes or portions thereof called for redemption unless as long as the Issuer defaults Issuers have deposited with the Paying Agent for the Notes funds in making such redemption payment. The Trustee shall promptly notify the Issuer in writing satisfaction of the Notes selected for redemption andapplicable Redemption Price plus accrued and unpaid interest, in if any, thereon to the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 or whole multiples of $1,000, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemptionRedemption Date.

Appears in 1 contract

Samples: Supplemental Indenture (Canadian Abraxas Petroleum LTD)

Selection of Notes to Be Redeemed. If less fewer than all of the Notes are to be redeemed at any timeredeemed, selection of Notes for redemption will be made by the Trustee in compliance shall select the particular Notes to be redeemed from the Notes then outstanding by a method that complies with the requirements of the principal national securities any exchange or trading system, if any, on which the Notes are listed or accepted for tradinglisted, or, if the Notes are not so listed or accepted for tradingon an exchange, on a pro rata basis, basis or by lot or by such method as the Trustee shall deem fair and appropriate and in accordance with methods generally used at any other method the time of selection by fiduciaries Trustee considers fair and appropriate. Notes and portions thereof that the Trustee selects shall be in similar circumstancesamounts equal to the minimum authorized denominations for Notes to be redeemed or any integral multiple thereof. If any Note selected for partial redemption is to be redeemed converted in part only, before termination of the notice of redemption that relates conversion right with respect to such Note shall state the portion of the principal amount thereof Notes so selected, the converted portion of such Note shall be deemed to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of selected for redemption (PROVIDED, HOWEVER, that the Holder thereof of such Note so converted and deemed redeemed shall not be entitled to any additional interest payment as a result of such deemed redemption than such Holder would have otherwise been entitled to receive upon cancellation conversion of the original such Note). Notes called that have been converted during a selection of Notes to be redeemed may be treated by the Trustee as outstanding for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making purpose of such redemption paymentselection. The Trustee shall promptly notify the Issuer Company and the Registrar in writing of the Notes selected for redemption and, in the case of any Note Notes selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Notes selected shall relate, in the case of any Notes redeemed or to be redeemed only in amounts of $1,000 or whole multiples of $1,000part, except that if all to the portion of the principal amount of such Notes of a Holder are which has been or is to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Indenture (Covad Communications Group Inc)

Selection of Notes to Be Redeemed. If In the event that less than all of the Notes are to be redeemed at any time, selection of Notes such Notes, or portions thereof, for redemption will be made by the Trustee either in compliance with the requirements of the principal national securities exchange or trading systemexchange, if any, on which the Notes are listed or accepted for trading, or, if the Notes are not so then listed or accepted for tradingon a national securities exchange, on a pro rata basis, by lot or by such other method as the Trustee shall deem fair and appropriate and appropriate. No Notes of a principal amount of $1,000 or less shall be redeemed in accordance part. If a partial redemption is made with methods generally used the proceeds of an Equity Offering, selection of the Notes or portions thereof for redemption shall be made by the Trustee only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository), unless such method is otherwise prohibited. Notice of redemption shall be mailed by first-class mail at least 30 but not more than 60 days before the time Redemption Date to each Holder of selection by fiduciaries in similar circumstancesNotes to be redeemed at its registered address. If any Note is to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. A new Note in a principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the redemption dateapplicable Redemption Date, interest ceases will cease to accrue on Notes or portions thereof called for redemption unless as long as the Issuer defaults Company has deposited with the Paying Agent for the Notes funds in making such redemption payment. The Trustee shall promptly notify the Issuer in writing satisfaction of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 or whole multiples of $1,000, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemptionapplicable Redemption Price.

Appears in 1 contract

Samples: Magnum Hunter Resources Inc

Selection of Notes to Be Redeemed. If less fewer than all of the Notes are to be redeemed at any timeredeemed, selection of Notes for redemption will be made by the Trustee shall select the Notes to be redeemed in compliance with the requirements of the principal national securities exchange or trading systemexchange, if any, on which the such Notes are listed or accepted for trading, or, if the such Notes are not so then listed or accepted for tradingon a national securities exchange, on a pro rata basis, by lot or in such other fair and reasonable manner chosen at the discretion of the Trustee; provided, however, that if a partial redemption is made with the proceeds of a Public Equity Offering, selection of the Notes or portion thereof for redemption shall be made by the Trustee only on a pro rata basis, unless such method as is otherwise prohibited. Not less than 30 days nor more than 60 days prior to the Redemption Date, the Trustee shall deem fair make the selection from the Notes outstanding and appropriate and in accordance with methods generally used at the time of selection by fiduciaries in similar circumstances. If any Note is to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon cancellation of the original Note. Notes not previously called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making such redemption payment. The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts denominations of $1,000 or whole multiples of $1,000, less may be redeemed only in whole; except that if all of the Notes of a the Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, 1,000 shall be redeemed. Except as provided Unless the Company defaults in making the preceding sentenceredemption payment, provisions interest on Notes or portions thereof called for redemption ceases to accrue on and after the Redemption Date, and the only remaining right of the Holders of such Notes is to receive payment of the Redemption Price plus accrued interest, if any, upon surrender to the Paying Agent of the Notes redeemed. The Trustee may select for redemption portions (equal to $1,000 or any integral multiple thereof) of the principal of Notes that have denominations larger than $1,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Royal Oak Mines Inc

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any time, selection of Notes for redemption will shall be made by the Trustee in compliance with the requirements of the principal national securities exchange or trading systemexchange, if any, on which the Notes are listed or accepted for tradinglisted, or, if the Notes are not so listed or accepted for tradinglisted, on a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate and appropriate, subject to the Applicable Procedures; provided that no Notes of $2,000 or less shall be redeemed in accordance with methods generally used at part. In the time event of selection partial redemption by fiduciaries in similar circumstances. If any Note is lot, the particular Notes to be redeemed in part onlyshall be selected, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal unless otherwise provided herein, not less than 30 nor more than 60 days prior to the unredeemed portion thereof will be issued in redemption date by the name of Trustee from the Holder thereof upon cancellation of the original Note. outstanding Notes not previously called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making such redemption payment. The Trustee shall promptly notify the Issuer Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 2,000 or whole multiples of $1,000, ; except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. A new Note in principal amount equal to the unredeemed portion thereof shall be issued in the name of the Holder thereof upon cancellation of the original Note. On and after the redemption date, unless the Company defaults in the payment of the redemption price, interest and Additional Interest, if any, shall cease to accrue on the principal amount of the Notes or portions thereof called for redemption. Except as provided in the preceding sentencethis Section 3.02, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Intercreditor Agreement (Thermon Holding Corp.)

Selection of Notes to Be Redeemed. If less than all In the case of the Notes are to be redeemed at any timepartial redemption, selection of the Notes for redemption will be made in accordance with the procedures of Euroclear and Clearstream or the relevant clearing system (including by the Trustee in compliance with the requirements pro rata reduction of the principal national securities exchange or trading system, if any, on which amount of all Notes by the Notes are listed or accepted for trading, or, if the Notes are not so listed or accepted for trading, on application of a pro rata basis, by lot or by such method as the Trustee shall deem fair and appropriate and “pool factor” in accordance with methods generally used at the time normal procedures of Euroclear and Clearstream); provided that no Notes in denominations of €100,000 or less shall be redeemed in part. The Registrar shall make the selection by fiduciaries from outstanding Notes not previously called for redemption. The Registrar may select for redemption portions of the principal of Notes that have denominations larger than €100,000. Notes and portions of them that the Registrar selects shall be in similar circumstancesprincipal amounts of €100,000 or any integral multiple of €1,000 in excess thereof. If any Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Registrar shall notify the Issuers and the Trustee as soon as practicable of the Notes or portions of Notes to be redeemed. After the redemption date, upon surrender of the Note is to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. A a new Note or Notes in principal amount equal to the unredeemed portion thereof will of the original Note representing the same Indebtedness to the extent not redeemed shall be issued in the name of the Holder thereof of the Notes upon cancellation of the original NoteNote (or appropriate book entries shall be made to reflect such partial redemption). Notes called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on the Notes or portions thereof called for redemption redemption, unless the Issuer defaults Issuers default in making such redemption payment. The Trustee shall promptly notify the Issuer in writing delivery of the redemption amount. If and for so long as any Notes selected for are listed on the Official List of the Luxembourg Stock Exchange and admitted to trading on the Euro MTF and the rules of the Luxembourg Stock Exchange so require, any redemption notice to the Holders of the relevant Notes shall also be published in a newspaper having a general circulation in Luxembourg (which is expected to be the Luxemburger Wort) or, to the extent and in the manner permitted by such rules, post such notice on the official website of the Luxembourg Stock Exchange (xxx.xxxxxx.xx), and, in the case of connection with any Note selected for partial redemption, the Company will notify the Luxembourg Stock Exchange of any change in the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 or whole multiples of $1,000, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemptionoutstanding.

Appears in 1 contract

Samples: Indenture (Tenneco Inc)

Selection of Notes to Be Redeemed. If less than all of the Notes are to be redeemed at any timeredeemed, selection of Notes for redemption will be made by the Trustee in compliance shall select the Notes to be redeemed by a method that complies with the requirements of the principal national securities exchange or trading systemexchange, if any, on which the Notes are listed or accepted for trading, quoted or, if the Notes are not so listed or accepted for tradinglisted, on a pro rata basis, basis by lot or by such any other method as that the Trustee shall deem considers fair and appropriate appropriate. The Trustee shall make the selection not more than 60 days and in accordance with methods generally used at not less than 30 days before the time of selection by fiduciaries in similar circumstancesRedemption Date from Notes outstanding and not previously called for redemption. If any Note is to be redeemed in part only, the notice of The Trustee may select for redemption that relates to such Note shall state the a portion of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making such redemption payment. The Trustee shall promptly notify the Issuer in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemedNotes that has a denomination larger than $1,000. Notes and portions of Notes selected shall thereof will be redeemed in amounts the amount of $1,000 or whole integral multiples of $1,000, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption. The Trustee shall notify the Company promptly of the Notes or portions of Notes to be called for redemption. If any Note selected for partial redemption is converted in part after such selection, the converted portion of such Note shall be deemed (so far as possible) to be the portion to be selected for redemption. The Notes (or portion thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, and Holders shall receive the Make Whole Payment, if any, notwithstanding that any such Note is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Notes, the Company and the Trustee may treat as outstanding any Notes surrendered for conversion during the period of 15 days next preceding the mailing of a notice of redemption and need not treat as outstanding any Note authenticated and delivered during such period in exchange for the unconverted portion of any Note converted in part during such period. In the event of any redemption of less than all the Notes, the Company will not be required to (i) issue or register the transfer or exchange of any Note during a period of 15 days next preceding the mailing of a notice of redemption for such Notes for redemption, or (ii) register the transfer or exchange of any Note so selected for redemption, in whole or in part, except the unredeemed portion of any Note being redeemed in part, in which case the Company will execute and the Trustee will authenticate and deliver to the holder a new Note equal in principal amount to the unredeemed portion of the Note surrendered.

Appears in 1 contract

Samples: Supplemental Indenture (Level 3 Communications Inc)

Selection of Notes to Be Redeemed. If In the event that less than all of the Notes are to be redeemed at any time, selection of such Notes for redemption will be made by the Trustee in compliance with the requirements of the principal national securities exchange or trading systemexchange, if any, on which the such Notes are listed or accepted for trading, or, if the such Notes are not so then listed or accepted for tradingon a national securities exchange, on a pro rata basis, by lot PRO RATA basis or by lot; PROVIDED, HOWEVER, that no Notes of a principal amount of U.S. $1,000 or less shall be redeemed in part; PROVIDED, FURTHER, that if a partial redemption is made with the proceeds of a Public Equity Offering, selection of the Notes or portions thereof for redemption shall be made by the Trustee only on a PRO RATA basis or on as nearly a PRO RATA basis as is practicable (subject to DTC procedures), unless such method as is otherwise prohibited. Notice of redemption shall be mailed by first-class mail at least 30 but not more than 60 days before the Trustee shall deem fair and appropriate and in accordance with methods generally used redemption date to each Holder of Notes to be redeemed at the time of selection by fiduciaries in similar circumstancesits registered address. If any Note is to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion of the principal amount thereof to be redeemed. A new Note in a principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases will cease to accrue on Notes or portions thereof called for redemption unless as long as the Issuer defaults Company has deposited with the Paying Agent funds in making such redemption payment. The Trustee shall promptly notify the Issuer in writing satisfaction of the Notes selected for applicable redemption and, in the case of any Note selected for partial redemption, the principal amount thereof price pursuant to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 or whole multiples of $1,000, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemptionIndenture.

Appears in 1 contract

Samples: Financing and Security Agreement (Kimberton Enterprises Inc)

Selection of Notes to Be Redeemed. If less fewer than all of the Notes are to be redeemed at any timepursuant to the provisions of this Indenture, selection of Notes for redemption will be made by the Trustee shall select the Notes to be redeemed (a) in compliance with the requirements of the principal national securities exchange or trading systemexchange, if any, on which the such Notes are listed or accepted for trading, or, (b) if the such Notes are not so then listed or accepted for tradingon a national securities exchange, on a pro rata basis, by lot or by such method as the Trustee shall deem may reasonably determine is fair and appropriate and in accordance with methods generally used at the time of selection by fiduciaries in similar circumstances. If appropriate; provided, that if any Note redemption is made pursuant to be redeemed in part onlySection 3.01(c), the notice of redemption that relates Trustee will select the Notes only on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to DTC procedures), unless such Note shall state the portion of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in the name of the Holder thereof upon cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making such redemption paymentmethod is otherwise prohibited. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption and shall promptly notify the Issuer Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof, to be redeemed. The Trustee will promptly notify the Company in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption or purchase, the principal amount thereof to be redeemedredeemed or purchased. Notes and portions of Notes selected shall will be in principal amounts of $1,000 or whole 2,000 and integral multiples of $1,0001,000 in excess thereof, except that (i) if all of the Notes of a Holder are to be redeemed, the entire outstanding principal amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided , subject in the preceding sentencecase of Global Notes, provisions to the procedures of DTC; and (ii) in any event the unredeemed portion of Notes redeemed in part shall be in a principal amount of at least $2,000. Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Indenture (Aventine Renewable Energy Holdings Inc)

Selection of Notes to Be Redeemed. If less fewer than all of the Notes are to be redeemed at any time, selection of the Trustee or the applicable Registrar, will select the Notes for redemption will be made by the Trustee in compliance with the requirements of the principal national securities exchange or trading system, if any, on which the Notes are listed or accepted for trading, or, if the Notes are not so listed or accepted for trading, on a pro rata basisbasis (or, by lot or by such in the case of Notes issued in global form, based on a method that most nearly approximates a pro rata selection as the Trustee or the Registrar in its sole discretion shall deem fair and appropriate appropriate, including by pool factor), unless otherwise required by applicable law or stock exchange or depository requirements. The Trustee and the applicable Registrar, shall not be liable for selections made by it in accordance with methods generally used at the time this Section 3.02. No Notes of selection by fiduciaries €100,000 or less shall be purchased or redeemed in similar circumstancespart. Notices of purchase or redemption shall be given to each Holder pursuant to Sections 3.03 and 12.01. If any Note is to be redeemed in part only, the notice of redemption that relates to such that Note shall will state the portion of the principal amount thereof of that Note that is to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof of the original Note will be issued in the name of the Holder thereof of Notes upon cancellation of the original Note. Notes called for redemption become due on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof of Notes called for redemption. In relation to Definitive Registered Notes, a new Note in principal amount equal to the unpurchased or unredeemed portion of any Note purchased or redeemed in part will be issued in the name of the Holder thereof upon cancellation of the original Note. On or after any purchase or redemption date, unless the Issuer defaults in making such redemption payment. The Trustee shall promptly notify the Issuer in writing payment of the purchase or redemption price, interest shall cease to accrue on Notes selected or portions thereof tendered for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts of $1,000 purchase or whole multiples of $1,000, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Indenture (Elster Group SE)

Selection of Notes to Be Redeemed. If less fewer than all of the Notes are to be redeemed at any timeredeemed, selection of the Notes for redemption to be redeemed will be made by the Trustee in compliance with the requirements of the principal national securities exchange or trading systemexchange, if any, on which the Notes are listed or accepted for trading, or, if the Notes are not so then listed or accepted for tradingon a national securities exchange, on a pro rata basis, by lot or in such other fair and reasonable manner chosen at the discretion of the Trustee; provided, however, that if a partial redemption is made with the proceeds of a Public Equity Offering, selection of the Notes or portion thereof for redemption shall be made by the Trustee only on a pro rata basis, to the extent practical, unless such method as is otherwise prohibited. The Company shall promptly notify the Trustee shall deem fair and appropriate and the Paying Agent in accordance with methods generally used at the time of selection by fiduciaries in similar circumstances. If any Note is to be redeemed in part only, the notice of redemption that relates to such Note shall state the portion writing of the principal amount thereof to be redeemed. A new Note in principal amount equal to the unredeemed portion thereof will be issued in date of listing and the name of the Holder thereof upon cancellation of securities exchange if and when the original Note. Notes called for redemption become due are listed on the date fixed for redemption. On and after the redemption date, interest ceases to accrue on Notes or portions thereof called for redemption unless the Issuer defaults in making such redemption paymenta principal national securities exchange. The Trustee shall make the selection from the Notes outstanding and not previously called for redemption and shall promptly notify the Issuer Company and the Paying Agent in writing of the Notes selected for redemption and, in the case of any Note selected for partial redemption, the principal amount thereof to be redeemed. Notes and portions of Notes selected shall be in amounts denominations of $1,000 may be redeemed only in whole. The Trustee may select for redemption portions (equal to $1,000 or whole multiples any integral multiple thereof) of the principal of Notes that have denominations larger than $1,000, except that if all of the Notes of a Holder are to be redeemed, the entire outstanding amount of Notes held by such Holder, even if not a multiple of $1,000, shall be redeemed. Except as provided in the preceding sentence, provisions Provisions of this Indenture that apply to Notes called for redemption also apply to portions of Notes called for redemption.

Appears in 1 contract

Samples: Indenture (Del Monte Foods Co)

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