Common use of Selection of Securities to be Redeemed Clause in Contracts

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed, the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series not previously called for redemption, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Security of such series. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee shall promptly notify the Company in writing of the Securities selected for partial redemption and the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.

Appears in 7 contracts

Samples: Indenture (Citizens Banking Corp), Indenture (Keycorp Institutional Capital A), Indenture (Bankamerica Corp/De/)

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Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed, the particular Trustee shall select the Securities to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basis. The Trustee shall be selected make the selection not more than 60 days prior to and not less than 15 days before the Redemption Date by the Trustee, redemption date from the Outstanding Securities of such series outstanding not previously called for redemption, by such method as the . The Trustee shall deem fair and appropriate and which may provide for the selection select for redemption of a portion portions of the principal amount of Securities that have denominations larger than $1,000. Securities and portions of them it selects shall be in amounts of $1,000 or integral multiples of $1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify the Company promptly of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selection, the converted portion of such seriesSecurity shall be deemed (so far as may be) to be the portion to be selected for redemption. If The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities of such series and surrendered for conversion during the period 15 days next preceding the mailing of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities notice of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee shall promptly notify the Company in writing of the Securities selected for partial redemption and need not treat as outstanding any Security authenticated and delivered during such period in exchange for the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case unconverted portion of any Security redeemed or to be redeemed only converted in part, to the portion of the principal amount of part during such Security which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemptionperiod.

Appears in 7 contracts

Samples: Indenture (Intevac Inc), Indenture (Intevac Inc), Indenture (Intevac Inc)

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed, or purchased in an offer to purchase at any time, the Trustee shall select the Securities of that series to be redeemed or purchased as follows: (1) if the Securities of such series are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Securities of that series are listed, or, (2) if the Securities of that series are not listed on a national securities exchange, on a pro rata basis, by lot or by such other method as the Trustee deems fair and appropriate. In the event of a partial redemption or purchase by lot, the particular Securities to be redeemed shall or purchased will be selected not less than 30 nor more than 60 days prior to the Redemption Date redemption or purchase date by the Trustee, Trustee from the Outstanding Securities of such that series outstanding and not previously called for redemption, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Security of such series. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee shall promptly notify the Company promptly in writing of the Securities or portions of Securities to be called for redemption or purchase and, in the case of any Securities selected for partial redemption and or purchase, the principal amount thereof to be redeemedredeemed or purchased. For all purposes Except as otherwise provided as to any particular series of this IndentureSecurities, unless Securities and portions thereof that the context otherwise requires, all provisions relating Trustee selects shall be in amounts equal to the redemption minimum authorized denomination for Securities of Securities shall relate, in the case of any Security redeemed or series to be redeemed only in partor purchased or any integral multiple thereof, except that if all of the Securities of the series are to be redeemed or purchased, the entire outstanding amount of the Securities of the series held by such Holder, even if not equal to the portion of the principal amount of such Security which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in minimum authorized denomination for the Securities selected of that series, shall be redeemed or purchased. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption.

Appears in 6 contracts

Samples: Indenture (TTM Technologies Inc), Indenture (TTM Technologies Inc), Indenture (Shared Communication Systems, Inc.)

Selection of Securities to be Redeemed. If less than all of the Securities of any series are to be redeemed, the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities (unless all of such series not previously called for redemption, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Security of such series. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Securityredeemed), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding outstanding Securities of such series (and specified tenor tenor) not previously called for redemption redemption, either pro rata, by lot or by such other method as the Trustee shall deem appropriate in accordance with industry standards at the preceding sentencetime of such redemption and that may provide for the selection for redemption of portions (equal to the minimum authorized denomination for Securities of that series or any integral multiple thereof) of the principal amount of Securities of such series of a denomination larger than the minimum authorized denomination for Securities of that series or of the principal amount of Global Securities of such series; provided that, if at the time of redemption such Securities are registered as a Global Security, the Depositary shall determine, in accordance with its procedures, the principal amount of such Securities held by each beneficial owner of Securities to be redeemed. The Trustee shall promptly notify the Company and the Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption and redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security of the Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Security thereof which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.

Appears in 6 contracts

Samples: Indenture (AMI 2, Inc.), Indenture (AMI 2, Inc.), Pardril Inc

Selection of Securities to be Redeemed. If Unless otherwise specified as contemplated by Section 3.1, if less than all the Securities (including coupons, if any) of any a series with the same terms are to be redeemed, the particular Securities to be redeemed shall be selected Trustee, not more than 60 45 days prior to the Redemption Date by Date, shall select the Trustee, from the Outstanding Securities of such the series not previously called for redemption, to be redeemed by such method as the Trustee shall deem fair and appropriate appropriate; provided, that with respect to Securities issued in global form, beneficial interests therein shall be selected for redemption by the Depositary therefor in accordance with its standard procedures. The Trustee shall make the selection from Securities of the series that are Outstanding and which that have not previously been called for redemption and may provide for the selection for redemption of a portion portions (equal to any authorized denomination for Securities of that series) of the principal amount of any Security of such series. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), denomination larger than the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding minimum authorized denomination for Securities of such series and specified tenor that series. If the Securities are not previously called for redemption in accordance with global form the preceding sentence. The Trustee shall promptly notify the Company in writing of the Securities selected by the Trustee for redemption and, in the case of any Securities selected for partial redemption and redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities (including coupons, if any) shall relate, in the case of any Security Securities (including coupons, if any) redeemed or to be redeemed only in part, to the portion of the principal amount of such Security Securities (including coupons, if any) which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.

Appears in 5 contracts

Samples: Supplemental Indenture (Cadiz Inc), Supplemental Indenture (Cadiz Inc), Subordinated Indenture (Cadiz Inc)

Selection of Securities to be Redeemed. If Unless otherwise specified as contemplated by Section 2.03(a) hereof with respect to any series of Securities, if less than all of the Securities of any a series are to be redeemedredeemed or purchased in an offer to purchase at any time, the Trustee will select the Securities to be redeemed or purchased among the Holders of the Securities of that Series in compliance with the requirements of the principal national securities exchange, if any, on which the Securities are listed or, if the Securities are not so listed, on a pro rata basis, by lot or in accordance with any other method the Trustee considers fair and appropriate. In the event of partial redemption by lot, the particular Securities to be redeemed shall be selected selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the Redemption Date by the Trustee, Trustee from the Outstanding outstanding Securities of such series not previously called for redemption, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Security of such series. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee shall promptly notify the Company in writing of the Securities selected for redemption and, in the case of any Security selected for partial redemption and redemption, the principal amount thereof to be redeemed. For all purposes Unless otherwise specified as contemplated by Section 2.03(a) hereof, Securities and portions of Securities selected will be in amounts of $1,000 or whole multiples of $1,000. Except as provided in the preceding sentence, provisions of this Indenture, unless the context otherwise requires, all provisions relating Indenture that apply to the Securities called for redemption also apply to portions of Securities shall relate, in the case of any Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected called for redemption.

Appears in 5 contracts

Samples: Indenture (Omnicare Inc), Indenture (NCS of Illinois Inc), Indenture (NCS of Illinois Inc)

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed, the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding outstanding Securities of such series not previously called for redemption, pro rata, by lot or by such other method as the Trustee shall deem fair and appropriate and which that may provide for the selection for redemption of a portion portions (equal to the minimum authorized denomination for Securities of that series or any integral multiple thereof) of the principal amount of any Security of such series. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), denomination larger than the particular minimum authorized denomination for Securities to be redeemed shall be selected not more than 60 days prior to of that series or of the Redemption Date by the Trustee, from the Outstanding principal amount of global Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentenceseries. The Trustee shall promptly notify the Company and the Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption and redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security of the Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Security thereof which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.

Appears in 5 contracts

Samples: Indenture (Pogo Producing Co), Global Marine Inc, Lyondell Trust Iii

Selection of Securities to be Redeemed. If Unless otherwise specified as contemplated by Section 3.1, if less than all the Securities of any a series with the same original issue date, interest rate and Stated Maturity are to be redeemed, the particular Securities to be redeemed shall be selected Trustee, not more than 60 45 days prior to the Redemption Date by redemption date, shall select the Trustee, from the Outstanding Securities of the series to be redeemed in such series not previously called for redemption, by such method manner as the Trustee shall deem fair and appropriate appropriate. The Trustee shall make the selection from Securities of the series that are Outstanding and which that have not previously been called for redemption and may provide for the selection for redemption of a portion portions (equal to the minimum authorized denomination for Securities of that series or any integral multiple thereof) of the principal amount of any Security of such series. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), denomination larger than the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding minimum authorized denomination for Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentencethat series. The Trustee shall promptly notify the Company in writing of the Securities selected by the Trustee for redemption and, in the case of any Securities selected for partial redemption and redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Security Securities which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.

Appears in 5 contracts

Samples: Trust Indenture (At&t Wireless Services Inc), At&t Wireless Services Inc, Esterline Technologies Corp

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed, the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities (unless all of such series not previously called for redemption, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Security of such series. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Securityredeemed), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, Trustee from the Outstanding outstanding Securities of such series (and specified tenor tenor) not previously called for redemption, either pro rata, by lot or by such other method as it and the Company shall deem fair and appropriate and that may provide for the selection for redemption in accordance with of portions (equal to the preceding sentenceminimum authorized denomination for Securities of that series or any integral multiple thereof) of the principal amount of Securities of such series of a denomination larger than the minimum authorized denomination for Securities of that series or of the principal amount of Global Securities of such series. The Trustee shall promptly notify the Company and the Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption and redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security of the Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Security thereof which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.

Appears in 4 contracts

Samples: Shell International Finance B.V., Indenture (Shell International Finance B.V.), Shell International Finance B.V.

Selection of Securities to be Redeemed. If less than all of the Securities of any series Series are to be redeemedredeemed at any time, the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Trustee will select Securities of such series not previously called Series for redemptionredemption by such method as may be specified by the terms of such Securities of such Series or, if no such method is so specified, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion portions of the principal amount of any Security of such series. If less than all the Securities of such series and Series, unless otherwise required by law or applicable stock exchange or depositary requirements. In the event of a specified tenor are to be redeemed (unless such redemption affects only a single Security)partial redemption, the particular Securities of any Series to be redeemed shall will be selected selected, unless otherwise provided herein, not less than 30 days nor more than 60 days prior to the Redemption Date redemption date by the Trustee, Trustee from the Outstanding outstanding Securities of such series and specified tenor Series not previously called for redemption in accordance with the preceding sentenceredemption. The Trustee shall will promptly notify the Company in writing of the Securities of such Series selected for redemption and, in the case of any Security selected for partial redemption and redemption, the principal amount thereof to be redeemed. For all purposes Securities of such Series and portions of such Securities selected will be in multiples equal to the minimum authorized denomination for Securities of such Series. Except as provided in the preceding sentence, provisions of this Indenture, unless the context otherwise requires, all provisions relating Indenture that apply to the redemption of Securities shall relate, in the case of any Security redeemed or Series called for redemption also apply to be redeemed only in part, to the portion of the principal amount portions of such Security which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected called for redemption.

Appears in 4 contracts

Samples: Global Security (Americredit Financial Services Inc), Global Security (Americredit Financial Services Inc), Americredit Financial Services Inc

Selection of Securities to be Redeemed. If less than all of the Securities of like tenor of any series are to be redeemedredeemed at any time, the Trustee shall select the particular Securities to be redeemed among the Holders on a pro rata basis (and in such manner as complies with applicable legal and stock exchange requirements, if any) or in such other manner as the Trustee, in the exercise of its reasonable discretion, deems fair and appropriate. In the event of partial redemption by lot, the particular Securities to be redeemed from the Outstanding Securities of like tenor of such series shall be selected selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the Redemption Date by the Trustee, Trustee from the Outstanding Securities of like tenor of such series not previously called for redemption, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Security of such series. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee shall promptly notify the Company in writing of the Securities selected for redemption and, in the case of any Security selected for partial redemption and redemption, the principal amount thereof to be redeemed. For Securities and portions of them selected shall be in amounts of $1,000 or whole multiples of $1,000; except that if all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security redeemed or to be redeemed only in part, to the portion of the principal amount Securities of such Security which has been or is a Holder are to be redeemed, the entire outstanding amount of Securities held by such Holder, even if not a multiple of $1,000, shall be redeemed. If the Company shall so direct, Securities registered Except as provided in the name preceding sentence, provisions of the Company, any Affiliate or any Subsidiary thereof shall not be included in the this Indenture that apply to Securities selected called for redemption also apply to portions of Securities called for redemption.

Appears in 4 contracts

Samples: Indenture (Uhc Capital I), Indenture (United Healthcare Corp), Uhc Capital I

Selection of Securities to be Redeemed. If less than all of the Securities of any series are to be redeemedredeemed at any time, the Trustee shall select the Securities to be redeemed among the Holders of the Securities in compliance with the requirements of the principal national securities exchange, if any, on which the Securities are listed or, if the Securities are not so listed, to be redeemed among the Holders of Securities on a pro rata basis, by lot or by such method as the Trustee deems fair and appropriate; provided that no Securities of $1,000 or less shall be redeemed in part. In the event of partial redemption by lot, the particular Securities to be redeemed shall be selected selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the Redemption Date redemption date by the Trustee, Trustee from the Outstanding outstanding Securities of such series not previously called for redemption, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Security of such series. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee shall promptly notify the Company in writing of the Securities selected for redemption and, in the case of any Security selected for partial redemption and redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption Securities and portions of Securities selected shall relate, be in the case amounts of any Security redeemed $1,000 or to be redeemed only in part, to the portion whole multiples of $1,000; except that if all of the principal amount Securities of such Security which has been or is a Holder are to be redeemed, the entire outstanding amount of Securities held by such Holder, even if not a multiple of $1,000, shall be redeemed. If A new Security in principal amount equal to the Company shall so direct, Securities registered unredeemed portion thereof will be issued in the name of the CompanyHolder thereof upon cancellation of the original Security. Securities called for redemption shall become due on the redemption date. On and after the redemption date, any Affiliate interest ceases to accrue on Securities or any Subsidiary thereof shall not be included portions of them called for redemption. Except as provided in the this Section 3.01, provisions of this Indenture that apply to Securities selected called for redemption also apply to portions of Securities called for redemption.

Appears in 4 contracts

Samples: Pegasus Communications Corp, Pegasus Communications Corp, Pegasus Communications Corp

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemedredeemed (unless all the Securities of such series and of a specified tenor are to be redeemed or unless such redemption affects only a single Security all as designated to the Trustee by the Company), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series not previously called for redemption, by such method as the Trustee shall deem fair and appropriate and which that may provide for the selection for redemption of a portion of the principal amount of any Security of such series; provided that the unredeemed portion of the principal amount of any Security shall be in an authorized denomination (which shall not be less than the minimum authorized denomination) for such Security. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee shall promptly notify the Company in writing of the Securities selected for partial redemption and the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security which that has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.

Appears in 4 contracts

Samples: Southern Financial Capital Trust I, Guaranty Capital Trust I, Resource Capital Trust I

Selection of Securities to be Redeemed. If Unless otherwise specified as contemplated by Section 3.1, if less than all the Securities (including coupons, if any) of any a series with the same terms are to be redeemed, the particular Securities to be redeemed shall be selected Trustee, not more than 60 45 days prior to the Redemption Date by Date, shall select the Trustee, from the Outstanding Securities of the series to be redeemed in such series not previously called for redemption, by such method manner as the Trustee shall deem fair and appropriate appropriate. The Trustee shall make the selection from Securities of the series that are Outstanding and which that have not previously been called for redemption and may provide for the selection for redemption of a portion portions (equal to the minimum authorized denomination for Securities of that series or any integral multiple thereof) of the principal amount of any Security of such series. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), denomination larger than the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding minimum authorized denomination for Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentencethat series. The Trustee shall promptly notify the Company in writing of the Securities selected by the Trustee for redemption and, in the case of any Securities selected for partial redemption and redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities (including coupons, if any) shall relate, in the case of any Security Securities (including coupons, if any) redeemed or to be redeemed only in part, to the portion of the principal amount of such Security Securities (including coupons, if any) which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.

Appears in 4 contracts

Samples: Indenture (Fidelity National Title Group, Inc.), Indenture (Fidelity National Financial Inc /De/), Indenture (Fidelity National Title Group, Inc.)

Selection of Securities to be Redeemed. If less than all the Securities of any a series with the same terms and provisions are to be redeemed, the particular Trustee shall select the Securities to be redeemed by a method the Trustee considers fair and appropriate. The Trustee shall be selected not more than 60 days prior to make the Redemption Date by the Trustee, selection from the such Securities Outstanding Securities of such series not previously called for redemption, by such method as the . The Trustee shall deem fair and appropriate and which may provide for the selection select for redemption of a portion portions of the principal amount of any Security of such series. If less than all the Registered Securities of such series that have denominations larger than the minimum authorized denominations for Registered Securities of that series. Securities and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), portions thereof the particular Securities to be redeemed Trustee selects shall be selected not more than 60 days prior in amounts equal to the Redemption Date by the Trustee, from the Outstanding smallest authorized denominations or an integral multiple thereof. Provisions of this Indenture that apply to Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentencealso apply to portions of Registered Securities called for redemption. The Trustee shall promptly notify the Company and the Registrar (if other than itself) in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption and redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Security Securities which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.

Appears in 4 contracts

Samples: Indenture (Natural Microsystems Corp), Indenture (Natural Microsystems Corp), Section Indenture (Sierra Pacific Resources)

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed, the particular Securities of that series to be redeemed shall be selected on a pro rata basis not more than 60 days prior to the Redemption Date by the U.S. Depositary or the Trustee, as applicable, for the Securities of such series, from the Outstanding Securities of such series not previously called for redemption, by such method as the Trustee . Securities shall deem fair and appropriate and which may provide be excluded from eligibility for the selection for redemption of if they are identified by registration and certificate number in a portion written statement signed by an authorized officer of the principal amount of any Security of such series. If less than all Issuer and delivered to the Trustee for the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than at least 60 days prior to the Redemption Date as being owned of record and beneficially by, and not pledged or hypothecated by either (a) the Trustee, from Issuer or the Outstanding Guarantors or (b) an entity specifically identified in such written statement that is an Affiliate of the Issuer or the Guarantors. The Trustee for the Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee shall promptly notify the Company Issuer and the Guarantors in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption and redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Security Securities which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.

Appears in 4 contracts

Samples: Indenture (Ingersoll-Rand PLC), Indenture (Ingersoll Rand Co LTD), Indenture (Ingersoll-Rand PLC)

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemedredeemed (unless all the Securities of such series and of a specified tenor are to be redeemed or unless such redemption affects only a single Security all as designated to the Trustee by the Company), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series not previously called for redemption, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Security of shall be in an authorized denomination (which shall not be less than the minimum authorized denomination) for such seriesSecurity. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee shall promptly notify the Company in writing of the Securities selected for partial redemption and the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.

Appears in 4 contracts

Samples: Indenture (Bancorpsouth Inc), Execution Copy (Bancorp Hawaii Capital Trust I), Usb Holding Co Inc

Selection of Securities to be Redeemed. If If, at the option of the Corporation, less than all the Securities of any a series are to be redeemed, the particular Trustee shall select the Securities to be redeemed by a method the Trustee considers fair and appropriate, subject to any applicable stock exchange requirements. The Trustee shall be selected not more than 60 days prior to make the Redemption Date by the Trustee, selection from the Outstanding outstanding Securities of such series not previously called for redemption, by such method as the . The Trustee shall deem fair and appropriate and which may provide for the selection select for redemption of a portion portions of the principal amount of Securities that have a denomination larger than $1,000 (or the applicable minimum denomination for such Securities). Securities and portions of them it selects shall be in amounts of $1,000 (or the applicable minimum denomination for such Securities in the event the Securities are payable in a Foreign Currency or Currencies) or a multiple of $1,000 (or the applicable minimum denomination for such Securities in the event the Securities are payable in a Foreign Currency or Currencies). Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee for the Securities of any Security series to be redeemed shall promptly notify the Corporation in writing of such series. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption and, in accordance with the preceding sentence. The Trustee shall promptly notify the Company in writing case of the any Securities selected for partial redemption and redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security which Securities that has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.

Appears in 4 contracts

Samples: Lockheed Martin Corp, Indenture (Lockheed Martin Corp), Indenture (Lockheed Martin Corp)

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed, redeemed (unless all the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series not previously called for redemption, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a specified tenor are to be redeemed or unless such redemption affects only a single Security), the Securities will be redeemed on a pro rata basis, provided that the unredeemed portion of the principal amount of any Security of shall be in an authorized denomination (which shall not be less than the minimum authorized denomination) for such seriesSecurity. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee shall promptly notify the Company in writing of the Securities selected for partial redemption and the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.

Appears in 4 contracts

Samples: Declaration of Trust (Provident Capital Trust Iii), Guarantee Agreement (Comerica Capital Trust Ii), Provident Capital Trust Iv

Selection of Securities to be Redeemed. If If, at the option of the Corporation, less than all the Securities of any a series are to be redeemed, the particular Trustee shall select the Securities to be redeemed by a method the Trustee considers fair and appropriate, subject to any applicable stock exchange requirements. The Trustee shall be selected not more than 60 days prior to make the Redemption Date by the Trustee, selection from the Outstanding outstanding Securities of such series not previously called for redemption, by such method as the . The Trustee shall deem fair and appropriate and which may provide for the selection select for redemption of a portion portions of the principal amount of Securities that have a denomination larger than $1,000 (or the applicable minimum denomination for such Securities in the event the Securities are payable in a Foreign Currency or Currencies). Securities and portions of them it selects shall be in amounts of $1,000 (or the applicable minimum denomination for such Securities in the event the Securities are payable in a Foreign Currency or Currencies) or a multiple of $1,000 (or the applicable minimum denomination for such Securities in the event the Securities are payable in a Foreign Currency or Currencies). Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee for the Securities of any Security series to be redeemed shall promptly notify the Corporation in writing of such series. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption and, in accordance with the preceding sentence. The Trustee shall promptly notify the Company in writing case of the any Securities selected for partial redemption and redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security Securities which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.

Appears in 3 contracts

Samples: Lockheed Martin Corp, Lockheed Martin Corp, Lockheed Martin Corp

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed, the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities (unless all of such series not previously called for redemption, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Security of such series. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Securityredeemed), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding outstanding Securities of such series (and specified tenor tenor) not previously called for redemption, either pro rata, by lot or by such other method as the Trustee shall deem fair and appropriate. Such redemption in accordance with may provide for the preceding sentenceselection for redemption of portions (equal to the minimum authorized denomination for Securities of that series or any integral multiple thereof) of the principal amount of Securities of such series of a denomination larger than the minimum authorized denomination for Securities of that series or of the principal amount of Global Securities of such series. The Trustee shall promptly notify the Company and the Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption and redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security of the Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Security thereof which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.

Appears in 3 contracts

Samples: Indenture (Petroleum Geo Services Asa), Petroleum Geo Services Asa, Petroleum Geo Services Asa

Selection of Securities to be Redeemed. If Unless otherwise specified as contemplated by Section 3.1, if less than all the Securities of any a series with the same original issue date, interest rate and Stated Maturity are to be redeemed, the particular Securities to be redeemed shall be selected Trustee, not more than 60 45 days prior to the Redemption Date by redemption date, shall select the Trustee, from the Outstanding Securities of the series to be redeemed in such series not previously called for redemption, by such method manner as the Trustee shall deem fair and appropriate appropriate. The Trustee shall make the selection from Securities of the series that are Outstanding and which that have not previously been called for redemption and may provide for the selection for redemption of a portion portions (equal to the minimum authorized denomination for Securities of that series or any integral multiple thereof) of the principal amount of any Security of such series. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), denomination larger than the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding minimum authorized denomination for Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentencethat series. The Trustee shall promptly notify the Company in writing of the Securities selected by the Trustee for redemption and, in the case of any Securities selected for partial redemption and redemption, the principal amount thereof to be redeemed. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities which have been converted during a selection of Securities to be redeemed shall 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 Securities shall relate, in the case of any Security Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Security Securities which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.

Appears in 3 contracts

Samples: Icos Corp / De, Esterline Technologies Corp, At&t Wireless Services Inc

Selection of Securities to be Redeemed. If less than all of the Securities of any series are to be redeemed, unless the particular Applicable Procedures provide otherwise, the Trustee shall select the Securities to be redeemed redeemed. The Trustee shall be selected not more than 60 days prior make the selection by lot, on a pro rata basis or by any other method the Trustee considers fair and appropriate or in accordance with the Applicable Procedures to the Redemption Date by extent the Trustee, from Securities are issued as Global Securities. Securities in denominations of $1,000 principal amount may only be redeemed in whole. The Trustee may select for redemption portions (equal to $1,000 principal amount or any integral multiple thereof) of the Outstanding principal of Securities that have denominations larger than $1,000 principal amount. Provisions of such series not previously this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption, by such method as the . The Trustee shall deem fair and appropriate and which may provide for notify the selection for redemption of a portion Company promptly of the principal amount Securities or portions of any Security of such series. If less than all the Securities to be redeemed. Securities and portions of such series and of a specified tenor Securities that are to be redeemed (unless such redemption affects only a single Security)are convertible by the Holder until 5:00 p.m., New York City time, on the particular Securities to be redeemed shall be selected not more than 60 days prior to Business Day immediately preceding the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentenceDate. The Trustee shall promptly notify the Company in writing of the Securities If any Security selected for partial redemption and is converted in part before termination of the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security redeemed or to be redeemed only in part, conversion right with respect to the portion of the principal amount Security so selected, the converted portion of such Security which has been or is shall be deemed to be redeemed. If taken from the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities portion selected for redemption. Securities that have been converted subsequent to the Trustee commencing selection of Securities to be redeemed but prior to redemption of such Securities shall be treated by the Trustee as outstanding for the purpose of such selection.

Appears in 3 contracts

Samples: Purchase Agreement (C&d Technologies Inc), Indenture (C&d Technologies Inc), C&d Technologies Inc

Selection of Securities to be Redeemed. If Unless otherwise -------------------------------------- specified as contemplated by Section 3.1, if less than all the Securities of any a series with the same original issue date, interest rate and Stated Maturity are to be redeemed, the particular Securities to be redeemed shall be selected Trustee, not more than 60 45 days prior to the Redemption Date by Date, shall select the Trustee, from the Outstanding Securities of the series to be redeemed in such series not previously called for redemption, by such method manner as the Trustee shall deem fair and appropriate appropriate. The Trustee shall make the selection from the Securities of the series that are Outstanding and which that have not previously been called for redemption and may provide for the selection for redemption of a portion portions (equal to the minimum authorized denomination for Securities of that series or any integral multiple thereof) of the principal amount of any Security of such series. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), denomination larger than the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding minimum authorized denomination for Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentencethat series. The Trustee shall promptly notify the Company and the Registrar in writing of the Securities selected by the Trustee for redemption and, in the case of any Securities selected for partial redemption and redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Security Securities which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.

Appears in 3 contracts

Samples: St Paul Bancorp Inc, Farmland Industries Inc, St Paul Bancorp Inc

Selection of Securities to be Redeemed. If less than all the Securities of any series held in definitive form are to be redeemed, the particular Trustee shall select the definitive Securities to be redeemed pro rata or by lot or by a method the Trustee considers fair and appropriate (as long as such method is not prohibited by the rules of any stock exchange on which the Securities are then listed). The Trustee shall be selected make the selection at least 35 days, but not more than 60 days prior to days, before the Redemption Date by the Trustee, from the Outstanding outstanding definitive Securities of such series not previously called for redemption, by such method as . The Trustee may select for redemption portions of the Principal of Securities that have denominations larger than $1,000. Securities and portions of them the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Security of such series. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed selects shall be selected not more than 60 days prior in Principal Amounts of $1,000 or a multiple of $1,000. Provisions of this Indenture that apply to the Redemption Date by the Trustee, from the Outstanding definitive Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentencealso apply to portions of definitive Securities called for redemption. The Trustee shall promptly notify the Company in writing promptly of the definitive Securities selected for partial redemption and the principal amount thereof or portions of definitive Securities to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, Any interest in the case of any a Security redeemed or to be redeemed only held in part, to the portion of the principal amount of such Security which has been or is to be redeemed. If the Company shall so direct, Securities global form by and registered in the name of the CompanyDepositary or its nominee to be redeemed in whole or in part will be redeemed in accordance with the procedures of the Depositary. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, any Affiliate or any Subsidiary thereof the converted portion of such Security shall not be included in deemed (so far as may be) to be the Securities portion selected for redemption. Securities which have been converted during a selection of Securities to be redeemed may be treated by the Trustee as outstanding for the purpose of such selection.

Appears in 3 contracts

Samples: Indenture (Network Associates Inc), Indenture (Atmel Corp), Indenture (Network Associates Inc)

Selection of Securities to be Redeemed. If less than all of the Securities of any series are to be redeemedredeemed at any time, the Trustee shall select the Securities of such series to be redeemed among the Holders of the Securities of such series by such method as the Trustee deems fair and appropriate; PROVIDED that no Securities of $1,000 or less shall be redeemed in part. The particular Securities of such series to be redeemed shall be selected selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the Redemption Date redemption date by the Trustee, Trustee from the Outstanding outstanding Securities of such the series not previously called for redemption, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Security of such series. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee shall promptly notify the Company in writing of the Securities selected for redemption and, in the case of any Security selected for partial redemption and redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption Securities and portions of Securities selected shall relate, be in the case amounts of any Security redeemed $1,000 or to be redeemed only in part, to the portion whole multiples of $1,000; except that if all of the principal amount Securities of such Security which has been or is a series of a Holder are to be redeemed, the entire outstanding amount of Securities of such series held by such Holder, even if not a multiple of $1,000, shall be redeemed. If A new Security of the Company shall so direct, Securities registered same series and tenor in principal amount equal to the unredeemed portion thereof will be issued in the name of the CompanyHolder thereof upon cancellation of the original Security. Securities called for redemption shall become due on the redemption date. On and after the redemption date, any Affiliate or any Subsidiary thereof shall not be included in interest will cease to accrue on the Securities selected or portions of them called for redemption. Except as provided in this Section 3.02, provisions of this Indenture that apply to Securities called for redemption shall also apply to portions of Securities called for redemption.

Appears in 3 contracts

Samples: Senior Indenture (Navigators Group Inc), Navigators Group Inc, Navigators Group Inc

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed, the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series not previously called for redemption, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Security of such series. If , provided, however, that the unredeemed portion of the principal amount of any Security shall be in an authorized denomination (which shall not be less than all the Securities of minimum authorized denomination) for such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee shall promptly notify the Company Corporation in writing of the Securities selected for partial redemption and the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security which that has been or is to be redeemed. If the Company shall so direct, Securities registered in the name The provisions of the Companytwo preceding paragraphs shall not apply with respect to any redemption affecting only a single Security, whether such Security is to be redeemed in whole or in part. In the case of any Affiliate or any Subsidiary thereof such redemption in part, the unredeemed portion of the principal amount of the Security shall be in an authorized denomination (which shall not be included in less than the Securities selected minimum authorized denomination) for redemptionsuch Security.

Appears in 3 contracts

Samples: Indenture (Everest Re Capital Trust Iii), Everest Re Group LTD, Everest Re Capital Trust

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed, the particular Trustee shall select the Securities to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basis, by lot or by such other method as the Trustee considers fair and appropriate. The Trustee shall be selected make the selection not more than 60 days prior to and not less than 30 days before the Redemption Date by the Trustee, redemption date from the Outstanding Securities of such series outstanding not previously called for redemption, by such method as the . The Trustee shall deem fair and appropriate and which may provide for the selection select for redemption of a portion portions of the principal amount of Securities that have denominations larger than $1,000. Securities and portions of them it selects shall be in amounts of $1,000 or integral multiples of $1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify the Company promptly of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selection, the converted portion of such seriesSecurity shall be deemed (so far as may be) to be the portion to be selected for redemption. If The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities of such series and surrendered for conversion during the period 15 days next preceding the mailing of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities notice of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee shall promptly notify the Company in writing of the Securities selected for partial redemption and need not treat as outstanding any Security authenticated and delivered during such period in exchange for the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case unconverted portion of any Security redeemed or to be redeemed only converted in part, to the portion of the principal amount of part during such Security which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemptionperiod.

Appears in 3 contracts

Samples: Indenture (Sabratek Corp), Indenture (Tel Save Holdings Inc), Tel Save Holdings Inc

Selection of Securities to be Redeemed. If less fewer than all of the Securities of any series are to be redeemedredeemed at any time, the particular Trustee shall select the Securities to be redeemed shall be selected in compliance with the requirements of the principal national securities exchange, if any, on which the Securities are listed or, if the Securities are not more than 60 days prior to the Redemption Date then listed on a national securities exchange, on a pro rata basis, by the Trustee, from the Outstanding Securities of such series not previously called for redemption, lot or by such method as the Trustee shall deem fair and appropriate and appropriate; provided, however, that if the Securities are redeemed pursuant to Paragraph 6 of the Securities, the Securities shall be redeemed solely on a pro rata basis or on as nearly a pro rata basis as is practicable (subject to the procedures of the Depository) unless the securities exchange, if any, on which may provide for the Securities are listed requires a different method. If the Securities are listed on any national securities exchange, the Company shall notify the Trustee in writing of the requirements of such exchange in respect of any redemption. The Trustee shall make the selection for redemption of a portion of the principal amount of any Security of such series. If less than all from the Securities of such series outstanding and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee and shall promptly notify the Company in writing of the Securities selected for redemption and, in the case of any Security selected for partial redemption and redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating The Trustee may select for redemption portions (equal to the redemption of Securities shall relate, in the case of $1,000 or any Security redeemed or to be redeemed only in part, to the portion integral multiple thereof) of the principal amount of such Security which has been or is Securities that have denominations larger than $1,000. Provisions of this Indenture that apply to be redeemed. If the Company shall so direct, Securities registered in the name called for redemption also apply to portions of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected called for redemption.

Appears in 3 contracts

Samples: Indenture (Tenneco Inc), Tenneco Automotive Inc, Tenneco Automotive Inc

Selection of Securities to be Redeemed. If less the Company decides to redeem fewer than all of the Securities Securities, unless the procedures of any series are to be redeemedthe Depositary provide otherwise, the particular Trustee shall select the Securities to be redeemed by lot, on a pro rata basis or by another method the Trustee considers fair and appropriate. Securities and portions of Securities that the Trustee selects shall be selected not more than 60 days prior in principal amounts of $1,000 or an integral multiple of $1,000. Provisions of this Indenture that apply to the Redemption Date by the Trustee, from the Outstanding Securities called for redemption also apply to portions of such series not previously Securities called for redemption, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Security of such series. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee shall promptly notify the Company promptly (but in writing any case within seven days of the Trustee’s receipt of the notice from the Company referred to in Section 3.01 unless a shorter notice is acceptable to the Company) of the Securities or portions of the Securities selected for partial redemption and the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relateredeemed and, in the case of any Security redeemed or Securities selected for partial redemption, the method it has chosen for the selection of the portions of the Securities selected to be redeemed only redeemed. Following a notice of redemption, Securities and portions of Securities are convertible, pursuant to Section 4.01(a)(3), by the Holder until the Close of Business on the Business Day prior to the Redemption Date. If any Security selected for partial redemption is converted in part, part before termination of the conversion right with respect to the portion of the principal amount Security so selected, the converted portion of such Security which has been or is shall be deemed (so far as may be) to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities portion selected for redemption. Securities that have been converted during a selection of Securities to be redeemed may be treated by the Trustee as outstanding for the purpose of such selection.

Appears in 3 contracts

Samples: Indenture (Osi Pharmaceuticals Inc), Indenture (Lincare Holdings Inc), Satisfaction and Discharge of Indenture (Lincare Holdings Inc)

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed, the particular Securities to be redeemed shall be selected not more than 60 45 days prior to the Redemption Date by the TrusteeDate, from the Outstanding outstanding Securities of such series not previously called for redemption, by such method as the Trustee shall deem fair and appropriate and which may provide lot in accordance with Applicable Procedures for the selection for redemption Global Securities or on a pro-rata basis, provided that each of a the redeemed portion and the unredeemed portion of the principal amount of any Security shall be in an authorized denomination (which shall not be less than the minimum authorized denomination) for such Security. The selection of any Security or portion thereof for redemption, the sending of any notice of redemption, and the deposit of the Redemption Price with the Trustee or a Paying Agent, shall not in any way limit the conversion privilege of any Holder or the Company's Conversion Obligation with respect to any Security for which the Conversion Date occurs before the Redemption Date. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such series. If less than all the Securities of such series and of a specified tenor are Security shall be deemed (so far as may be) to be redeemed (unless such redemption affects only the portion selected for redemption. Securities which have been converted during a single Security), the particular selection of Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date treated by the Trustee, from Trustee as outstanding for the Outstanding Securities purpose of such series and specified tenor not previously called for redemption in accordance with the preceding sentenceselection. The Trustee shall promptly notify the Company in writing of the Securities selected for redemption as aforesaid and, in case of any Securities selected for partial redemption and as aforesaid, the principal amount thereof to be redeemed. In the case of any redemption in part, the unredeemed portion of the principal amount of the Security shall be in an authorized denomination (which shall not be less than the minimum authorized denomination) for such Security. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities in this Article 13 shall relate, in the case of any Security Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Security Securities which has been or is to be redeemed. If Securities and portions of them the Company Trustee selects shall so direct, Securities registered be in the name principal amounts of the Company, any Affiliate $1,000 or any Subsidiary thereof shall not be included in the Securities selected for redemptionintegral multiples of $1,000.

Appears in 3 contracts

Samples: Investment Agreement (Nu Skin Enterprises Inc), Indenture (Nu Skin Enterprises Inc), Investment Agreement (Nu Skin Enterprises Inc)

Selection of Securities to be Redeemed. If less than all of any Series of Securities are to be redeemed at any time, the Trustee shall select the Securities of any series are the Series to be redeemedredeemed among the applicable Holders of such Series in compliance with the requirements of the principal national securities exchange, if any, on which the Securities are listed or, if the Securities are not so listed, on a pro rata basis, by lot or in accordance with any other method the Trustee considers fair and appropriate, provided that no Securities of $1,000 or less shall be redeemed in part. In the event of partial redemption by lot, the particular Securities to be redeemed shall be selected selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the Redemption Date redemption date by the Trustee, Trustee from the Outstanding outstanding Securities of such series not previously called for redemption, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Security of such series. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee shall promptly notify the Company in writing of the Securities of the Series selected for redemption and, in the case of any Security selected for partial redemption and redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption Securities and portions of Securities selected shall relate, be in the case amounts of any Security redeemed $1,000 or to be redeemed only in part, to the portion whole multiples of $1,000; except that if all of the principal amount Securities of such Security which has been or is a Holder are to be redeemed, the entire outstanding amount of Securities held by such Holder, even if not a multiple of $1,000, shall be redeemed. If the Company shall so direct, Securities registered Except as provided in the name preceding sentence, provisions of the Company, any Affiliate or any Subsidiary thereof shall not be included in the this Indenture that apply to Securities selected of a Series called for redemption also apply to portions of Securities of that Series called for redemption.

Appears in 3 contracts

Samples: Execution Copy (Iron Mountain Inc/Pa), Province Healthcare Co, Province Healthcare Co

Selection of Securities to be Redeemed. If less than all the Securities of any series held in definitive form are to be redeemedredeemed pursuant to Section 3.01, the particular Trustee shall select the definitive Securities to be redeemed pro rata or by --- ---- lot or by a method the Trustee considers fair and appropriate (as long as such method is not prohibited by the rules of any securities exchange or quotation system on which the Securities are then listed or quoted). The Trustee shall be selected make the selection at least 35 days, but not more than 60 days prior to days, before the Redemption Date by the Trustee, from the Outstanding outstanding definitive Securities of such series not previously called for redemption, by such method as . The Trustee may select for redemption portions of the Principal Amount of Securities that have denominations larger than $1,000. Securities and portions of them the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Security of such series. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed selects shall be selected not more than 60 days prior in Principal Amounts of $1,000 or an integral multiple of $1,000. Provisions of this Indenture that apply to the Redemption Date by the Trustee, from the Outstanding definitive Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentencealso apply to portions of definitive Securities called for redemption. The Trustee shall promptly notify the Company in writing promptly of the definitive Securities selected for partial redemption and the principal amount thereof or portions of definitive Securities to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, Any interest in the case of any a Security redeemed or to be redeemed only held in part, to the portion of the principal amount of such Security which has been or is to be redeemed. If the Company shall so direct, Securities global form by and registered in the name of the CompanyDepositary or its nominee to be redeemed in whole or in part will be redeemed in accordance with the procedures of the Depositary. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, any Affiliate or any Subsidiary thereof the converted portion of such Security shall not be included in deemed (so far as may be) to be the Securities portion selected for redemption. Securities which have been converted during a selection of Securities to be redeemed may be treated by the Trustee as outstanding for the purpose of such selection.

Appears in 3 contracts

Samples: Aspect Telecommunications Corp, Aspect Telecommunications Corp, Aspect Telecommunications Corp

Selection of Securities to be Redeemed. If less than all of the Securities of any series are to be redeemed, the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, Trustee from the Outstanding Securities of such series not previously called for redemption, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portions of the principal amount of Securities; provided, however, that no such partial redemption shall reduce the portion of the principal amount of any a Security of such series. If series not redeemed to less than all the Securities minimum denomination for a Security of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentenceestablished herein or pursuant hereto. The Trustee shall promptly notify the Company and the Security Registrar (if other than itself) in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption and redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Security Securities which has been or is to be redeemed. If any Security selected for partial redemption is converted into Shares pursuant to Article 18 before termination of such conversion right with respect to the Company shall so direct, Securities registered in the name portion of the CompanySecurity so selected, any Affiliate or any Subsidiary thereof the converted portion of such Security shall not be included in deemed (so far as may be) to be the Securities portion selected for redemption. Securities which have been converted during a selection of Securities to be redeemed shall be treated by the Trustee as Outstanding for the purpose of such selection.

Appears in 3 contracts

Samples: Indenture (Elan Corp PLC), Funding Agreement (Elan Corp PLC), Limited Waiver (Elan Corp PLC)

Selection of Securities to be Redeemed. If less than all of the Securities of any series are to be redeemed, the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities (unless all of such series not previously called for redemption, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Security of such series. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Securityredeemed), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding outstanding Securities of such series (and specified tenor tenor) not previously called for redemption, on a pro rata basis; provided that, if at the time of redemption such Securities are registered as a Global Security, the Depositary shall determine, in accordance with its procedures, the preceding sentenceprincipal amount of such Securities held by each beneficial owner of Securities to be redeemed. The If the Trustee selects the Securities to be redeemed, the Trustee shall promptly notify the Company and the Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption and redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security of the Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Security thereof which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.

Appears in 3 contracts

Samples: Patterson (Patterson Uti Energy Inc), Patterson (Patterson Uti Energy Inc), Patterson Uti Energy Inc

Selection of Securities to be Redeemed. If Unless otherwise indicated for a particular Series by a Board Resolution, a supplemental indenture hereto or an Officers’ Certificate, if less than all the Securities of any series a Series are to be redeemed, the particular Trustee will select or cause to be selected the Securities of the Series to be redeemed shall be selected not more than 60 days prior to on a pro rata basis (or, in the Redemption Date case of Global Securities based on a method that most nearly approximates a pro rata selection as the Trustee deems fair and appropriate) unless otherwise required by law or applicable stock exchange or depositary requirements. The Trustee will make the Trustee, selection from the Outstanding Securities of such series Series outstanding not previously called for redemption, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Security of such series. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee shall will promptly notify the Company in writing of the Securities selected for redemption or purchase and, in the case of any Security selected for partial redemption and or purchase, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the The Trustee may select for redemption of Securities shall relate, in the case of any Security redeemed or to be redeemed only in part, to the portion portions of the principal amount of such Security which has been Securities of the Series that have denominations larger than $2,000. Securities of the Series and portions of them it selects will be in amounts of $2,000 or is whole multiples of $1,000 or, with respect to Securities of any Series issuable in other denominations pursuant to Section 2.02(j), the minimum principal denomination for each Series and integral multiples thereof; except that if all of the Securities of a Holder are to be redeemed, the entire outstanding amount of Securities held by such Holder, even if not a multiple of $1,000, will be redeemed. If the Company shall so direct, Securities registered Except as provided in the name preceding sentence, provisions of the Company, any Affiliate or any Subsidiary thereof shall not be included in the this Indenture that apply to Securities selected of a Series called for redemption also apply to portions of Securities of that Series called for redemption.

Appears in 3 contracts

Samples: Indenture (Metropcs Communications Inc), Indenture (MetroPCS Finance, Inc.), Indenture (MetroPCS Finance, Inc.)

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemedredeemed (unless all the Securities of a specified tenor are to be redeemed or unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series not previously called for redemption, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Security, provided that the portion of the principal amount of any Security of not redeemed shall be in an authorized denomination (which shall not be less than the minimum authorized denomination) for such seriesSecurity. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee shall promptly notify the Company in writing of the Securities selected for partial redemption and the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.

Appears in 3 contracts

Samples: Fib Capital Trust, Fib Capital Trust, First Interstate Bancsystem of Montana Inc

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed, the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities (unless all of such series not previously called for redemption, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Security of such series. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Securityredeemed), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, Trustee from the Outstanding outstanding Securities of such series (and specified tenor tenor) not previously called for redemption, either by lot or by such other method as determined by applicable Depositary procedures and that may provide for the selection for redemption in accordance with of portions (equal to the preceding sentenceminimum authorized denomination for Securities of that series or any integral multiple thereof) of the principal amount of Securities of such series of a denomination larger than the minimum authorized denomination for Securities of that series or of the principal amount of Global Securities of such series. The Trustee shall promptly notify the Company and the Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption and redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security of the Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Security thereof which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.

Appears in 3 contracts

Samples: Phillips 66 Co, Phillips 66, Conocophillips

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemedredeemed (unless all the Securities of such series and of a specified tenor are to be redeemed or unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the TrusteeTrustee or, in the case of Securities of such series represented by one or more Global Securities, in accordance with the Applicable Procedures, from the Outstanding Securities of such series not previously called for redemption, by such method as the Trustee shall deem fair and appropriate and which may provide for or, in the selection for redemption case of a Securities of such series represented by one or more Global Securities, in accordance with the Applicable Procedures, provided that the unredeemed portion of the principal amount of any Security of shall be in an authorized denomination (which shall not be less than the minimum authorized denomination) for such seriesSecurity. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, or, in the case of Securities of such series represented by one or more Global Securities, in accordance with the Applicable Procedures, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee shall promptly notify the Company in writing of the Securities If any Security selected for partial redemption and is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities which have been converted during a selection of Securities to be redeemed shall be treated by the Trustee as Outstanding for the purpose of such selection. The provisions of the preceding paragraph shall not apply with respect to any redemption affecting only a single Security, whether such Security is to be redeemed in whole or in part. In the case of any such redemption in part, the unredeemed portion of the principal amount thereof to of the Security shall be redeemedin an authorized denomination (which shall not be less than the minimum authorized denomination) for such Security. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Security Securities which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.

Appears in 3 contracts

Samples: Jefferies Group Capital Finance Inc., Jefferies Group Capital Finance Inc., Jefferies Group Capital Finance Inc.

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed, the particular Trustee shall select the Securities to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basis. The Trustee shall be selected make the selection not more than 60 days prior to and not less than 20 days before the Redemption Date by the Trustee, redemption date from the Outstanding Securities of such series outstanding not previously called for redemption, by such method as the . The Trustee shall deem fair and appropriate and which may provide for the selection select for redemption of a portion portions of the principal amount of Securities that have denominations larger than $1,000. Securities and portions of them it selects shall be in amounts of $1,000 or integral multiples of $1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify the Company promptly of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selection, the converted portion of such seriesSecurity shall be deemed (so far as may be) to be the portion to be selected for redemption. If The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities of such series and surrendered for conversion during the period 20 days next preceding the mailing of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities notice of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee shall promptly notify the Company in writing of the Securities selected for partial redemption and need not treat as outstanding any Security authenticated and delivered during such period in exchange for the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case unconverted portion of any Security redeemed or to be redeemed only converted in part, to the portion of the principal amount of part during such Security which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemptionperiod.

Appears in 3 contracts

Samples: Coeur D Alene Mines Corp, Coeur D Alene Mines Corp, Coeur D Alene Mines Corp

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed, the particular Securities to be redeemed shall will be selected not more than 60 days prior to the Redemption Date redemption date by the TrusteeTrustee in compliance with any applicable rules of the principal U.S. securities exchange, if any, on which the Securities are listed or, if the Securities are not listed on a U.S. securities exchange or if there are no applicable rules, on a pro rata basis, by lot or by such other method as such Trustee will deem appropriate; provided that the unredeemed portion of the principal amount of any Security shall be in an authorized denomination (which shall not be less than the minimum authorized denomination) for such Security. The Trustee shall make the selection from the Securities that are Outstanding Securities of such series that have not previously been called for redemption, by such method as the Trustee shall deem fair redemption and appropriate and which may provide for the selection for redemption of a portion portions (equal to the minimum authorized denomination for the Securities, or any integral multiple of $1,000 in excess thereof) of the principal amount of any Security of such series. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), denomination larger than the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called minimum authorized denomination for redemption in accordance with the preceding sentenceSecurities. The Trustee shall promptly notify the Company in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption and redemption, the principal amount thereof to be redeemed. If the Company shall so direct, Securities 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 Securities selected for redemption. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Security Securities which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.

Appears in 3 contracts

Samples: Indenture (Navistar International Corp), Indenture (Navistar, Inc.), Navistar International Corp

Selection of Securities to be Redeemed. If less the Company decides to redeem fewer than all of the Securities Securities, unless the procedures of any series are to be redeemedthe Depositary provide otherwise, the particular Trustee shall select the Securities to be redeemed by lot, on a pro rata basis or by another method the Trustee considers fair and appropriate. Securities and portions of Securities that the Trustee selects shall be selected not more than 60 days prior in principal amounts of $1,000 or a multiple of $1,000. Provisions of this Indenture that apply to the Redemption Date by the Trustee, from the Outstanding Securities called for redemption also apply to portions of such series not previously Securities called for redemption, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Security of such series. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee shall promptly notify the Company promptly (but in writing any case within seven days of the Trustee’s receipt of the notice from the Company referred to in Section 3.01 unless a shorter notice is acceptable to the Company) of the Securities or portions of the Securities selected for partial redemption and the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relateredeemed and, in the case of any Security redeemed or Securities selected for partial redemption, the method it has chosen for the selection of the portions of the Securities selected to be redeemed only redeemed. Following a notice of redemption, Securities and portions of Securities are convertible pursuant to Article 4, by the Holder until the close of business on the Business Day prior to the Redemption Date. If any Security selected for partial redemption is converted in part, part before termination of the conversion right with respect to the portion of the principal amount Security so selected, the converted portion of such Security which has been or is shall be deemed (so far as may be) to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities portion selected for redemption. Securities that have been converted during a selection of Securities to be redeemed may be treated by the Trustee as outstanding for the purpose of such selection.

Appears in 2 contracts

Samples: Indenture (Comtech Telecommunications Corp /De/), Indenture (Steel Dynamics Inc)

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed, the particular Trustee shall select the Securities to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities of such series are listed or quoted or, if such Securities are not so listed, on a pro rata basis by lot or by any other method that the Trustee considers fair and appropriate. The Trustee shall be selected make the selection not more than 60 days prior to and not less than 15 days before the Redemption Date by the Trustee, from the Outstanding Securities of such that series outstanding and not previously called for redemption, by such method as the . The Trustee shall deem fair and appropriate and which may provide for the selection select for redemption of a portion of the principal of any Securities of that series that has a denomination larger than $1,000. Securities and portions thereof will be redeemed in the amount of $1,000 or integral multiples of $1,000. Provisions of this Indenture that apply to Securities of any series called for redemption also apply to portions of such Securities called for redemption. The Trustee shall notify the Company promptly of the Securities of any series or portions of such Securities to be called for redemption. If any Security of any series selected for partial redemption is converted in part after such seriesselection, the converted portion of such Security shall be deemed (so far as may be) to be the portion to be selected for redemption. If The Securities (or portion thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities of such any series, the Company and the Trustee may treat as outstanding any Securities of that series and surrendered for conversion during the period of 15 days next preceding the mailing of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities notice of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee shall promptly notify the Company in writing of the Securities selected for partial redemption and need not treat as outstanding any Security of that series authenticated and delivered during such period in exchange for the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case unconverted portion of any Security redeemed or to be redeemed only of that series converted in part, to the portion of the principal amount of part during such Security which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemptionperiod.

Appears in 2 contracts

Samples: Indenture (Amkor International Holdings, LLC), Amkor Technology Inc

Selection of Securities to be Redeemed. If Unless otherwise specified as contemplated by Section 3.1, if less than all the Securities (including interest coupons, if any) of any a series with the same terms are to be redeemed, the particular Securities to be redeemed shall be selected Trustee, not more than 60 45 days prior to the Redemption Date by Date, shall select the Trustee, from the Outstanding Securities of the series to be redeemed in such series not previously called for redemption, by such method manner as the Trustee shall deem fair and appropriate appropriate. The Trustee shall make the selection from Securities of the series that are Outstanding and which that have not previously been called for redemption and may provide for the selection for redemption of a portion portions (equal to the minimum authorized denomination for Securities, including interest coupons, if any, of that series or any integral multiple thereof) of the principal amount of any Security of such series. If less than all the Securities Securities, including interest coupons, if any, of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), denomination larger than the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding minimum authorized denomination for Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentencethat series. The Trustee shall promptly notify the Company in writing of the Securities selected by the Trustee for partial redemption and the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relateand, in the case of any Security redeemed or to be redeemed only in partSecurities selected for partial redemption, to the portion of the principal amount of such Security which has been or is thereof to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.. For purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities (including interest coupons, if any) shall relate, in the case of any Securities (including interest coupons, if any) redeemed or to be redeemed only in

Appears in 2 contracts

Samples: Mapco Inc, Mapco Inc

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed, or purchased in an offer to purchase at any time, the Trustee shall select the Securities of that series to be redeemed or purchased as follows: (1) if the Securities of such series are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Securities of that series are listed or (2) if the Securities of that series are not listed on a national securities exchange, on a pro rata basis, by lot or by such other method as the Trustee deems fair and appropriate. In the event of a partial redemption or purchase by lot, the particular Securities to be redeemed shall or purchased will be selected not less than 45 nor more than 60 days prior to the Redemption Date redemption or purchase date by the Trustee, Trustee from the Outstanding Securities of such that series outstanding and not previously called for redemption, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Security of such series. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee shall promptly notify the Company Issuer promptly in writing of the Securities or portions of Securities to be called for redemption or purchase and, in the case of any Securities selected for partial redemption and or purchase, the principal amount thereof to be redeemedredeemed or purchased. For Except as otherwise provided as to any particular series of Securities, Securities and portions thereof that the Trustee selects shall be in amounts equal to the minimum authorized denomination for Securities of the series to be redeemed or purchased or any integral multiple thereof, except that if all purposes of the Securities of the series are to be redeemed or purchased, the entire outstanding amount of the Securities of the series held by such Holder, even if not equal to the minimum authorized denomination for the Securities of that series, shall be redeemed or purchased. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Issuer may acquire Securities by means other than redemption, whether pursuant to an Issuer tender offer, open market purchase or otherwise provided such acquisition does not otherwise violate the other terms of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.

Appears in 2 contracts

Samples: Indenture (Mobile Mini Inc), Indenture (Meritage Homes of Texas Holding, Inc.)

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed (unless all of the Securities of such series of a specified tenor are to be redeemed, ) the particular Securities to be redeemed shall be selected not more than 60 45 days prior to the Redemption Date by the Company or the Trustee, from the Outstanding Securities of such series not previously called for redemption, by such method as the Company or the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion portions (equal to the minimum authorized denomination for Securities of that series or any integral multiple thereof) of the principal amount of any Security Registered Securities of such series of a denomination larger than the minimum authorized denomination for Securities of that series or of the principal amount of global Securities of such series. If less than all of the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security)redeemed, the particular Securities to be redeemed shall be selected not more than 60 45 days prior to the Redemption Date by the Company or the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee Company or the Trustee, as the case may be, shall promptly notify the Company other in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption and redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Security Securities which has been or is to be redeemed. If any Security selected for partial redemption is surrendered for conversion after such selection, the Company converted portion of such Security shall be deemed (so direct, Securities registered in far as may be) to be the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities portion selected for redemption. Upon any redemption of less than all the Securities of a series, for purposes of selection for redemption the Company and the Trustee may treat as Outstanding Securities 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 Security authenticated and delivered during such period in exchange for the unconverted portion of any Security converted in part during such period.

Appears in 2 contracts

Samples: Newfield Financial Trust Ii, Newfield Exploration Co /De/

Selection of Securities to be Redeemed. If less than all of the Securities of any series are to be redeemed, the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding outstanding Securities of such series not previously called for redemption, either pro rata, by lot or by such other method as the Trustee shall deem fair and appropriate and which appropriate. Such redemption may provide for the selection for redemption of a portion portions (equal to the minimum authorized denomination for Securities of that series or any integral multiple thereof) of the principal amount of any Security of such series. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), denomination larger than the particular minimum authorized denomination for Securities to be redeemed shall be selected not more than 60 days prior to of that series or of the Redemption Date by the Trustee, from the Outstanding principal amount of Global Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentenceseries. The Trustee shall promptly notify the Company and the Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption and redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities of any series shall relate, in the case of any Security of the Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Security thereof which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.

Appears in 2 contracts

Samples: Seitel Capital Trust Ii, R&b Falcon Corp

Selection of Securities to be Redeemed. If Unless otherwise indicated for a particular Series by a Board Resolution, supplemental indenture or an Officers' Certificate, if less than all of the Securities of any series are to be redeemedredeemed or purchased in an offer to purchase at any time, the particular Trustee shall select the Securities to be redeemed or purchased as follows: (a) if the Securities are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange, if any, on which the Securities are listed; or (b) if the Securities are not listed on a national securities exchange, on a pro rata basis, by lot or in accordance with any other method as the Trustee considers fair and appropriate. No Securities of $1,000 principal amount or less will be redeemed in part. Except as provided in the preceding sentence, provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall be selected make the selection at least 25 but not more than 60 days prior to before the Redemption Date by the Trustee, redemption date from the Outstanding outstanding Securities of such series not a Series previously called for redemption, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of . If any Security of such series. If less than all the Securities of such series and of a specified tenor are is to be redeemed (unless such redemption affects only a single Security)in part only, the particular Securities notice of redemption that relates to be redeemed such Security shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee shall promptly notify the Company in writing of the Securities selected for partial redemption and the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security redeemed or to be redeemed only in part, to state the portion of the principal amount of such that Security which has been or is to be redeemed. If A new Security in principal amount equal to the Company shall so direct, Securities registered unredeemed portion of the original Security presented for redemption will be issued in the name of the CompanyHolder thereof upon cancellation of the original Security. Securities called for redemption become due on the date fixed for redemption. On and after the redemption date, any Affiliate interest ceases to accrue or any Subsidiary thereof shall not be included in the accrete on Securities selected or portions of them called for redemption.

Appears in 2 contracts

Samples: American Real Estate Finance Corp., American Real Estate Finance Corp.

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed, the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series not previously called for redemption, by such method as pro rata, or in accordance with the Trustee shall deem fair procedures of the Depositary and appropriate and which that may provide for the selection for redemption of a portion of the principal amount of any Security of such series, provided that the unredeemed portion of the principal amount of any Security shall be in a denomination which shall not be less than the minimum authorized denomination for such Security. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee shall promptly notify the Company in writing of the Securities selected for partial redemption and the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security which that has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.

Appears in 2 contracts

Samples: Indenture (PVH Corp. /De/), PVH Corp. /De/

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemedredeemed (unless all the Securities of such series and of a specified tenor are to be redeemed or unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 sixty (60) days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series not previously called for redemption, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Security of such series, provided that the portion of the principal amount of any Security not redeemed shall be in an authorized denomination (which shall not be less than the minimum authorized denomination) for such Security. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 sixty (60) days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee shall promptly notify the Company in writing of the Securities selected for partial redemption and the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.

Appears in 2 contracts

Samples: Compass Trust Iii, Compass Bancshares Inc

Selection of Securities to be Redeemed. If less than all of the Securities of like tenor of any series are to be redeemedredeemed at any time, the Trustee shall select the particular Securities to be redeemed among the Holders on a PRO RATA basis (and in such manner as complies with applicable legal and stock exchange requirements, if any) or in such other manner as the Trustee, in the exercise of its reasonable discretion, deems fair and appropriate. In the event of partial redemption by lot, the particular Securities to be redeemed from the Outstanding Securities of like tenor of such series shall be selected selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the Redemption Date by the Trustee, Trustee from the Outstanding Securities of like tenor of such series not previously called for redemption, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Security of such series. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee shall promptly notify the Company in writing of the Securities selected for redemption and, in the case of any Security selected for partial redemption and redemption, the principal amount thereof to be redeemed. For Securities and portions of them selected shall be in amounts of $1,000 or whole multiples of $1,000; except that if all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security redeemed or to be redeemed only in part, to the portion of the principal amount Securities of such Security which has been or is a Holder are to be redeemed, the entire outstanding amount of Securities held by such Holder, even if not a multiple of $1,000, shall be redeemed. If the Company shall so direct, Securities registered Except as provided in the name preceding sentence, provisions of the Company, any Affiliate or any Subsidiary thereof shall not be included in the this Indenture that apply to Securities selected called for redemption also apply to portions of Securities called for redemption.

Appears in 2 contracts

Samples: Indenture (Olympic Financial LTD), Olympic Financial (Olympic Financial LTD)

Selection of Securities to be Redeemed. If less than all In the case of any partial redemption of the Securities, selection of the Securities of any series are to for redemption will be redeemed, the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date made by the Trustee, from the Outstanding Securities of such series not previously called for redemptionTrustee on a pro rata basis, by lot or by such other method as the Trustee in its sole discretion shall deem to be fair and appropriate and which may provide for appropriate; provided, however, that if a partial redemption is made with proceeds of an Equity Offering, selection of the selection Securities or portion thereof for redemption shall be made by the Trustee only on a pro rata basis, unless such method is otherwise prohibited. Securities may be redeemed in part in multiples of a portion of the $1,000 principal amount only. Notice of any Security of such series. If less than all redemption will be sent, by first class mail, postage prepaid, at least 45 days (unless a shorter period is acceptable to the Trustee) prior to the date fixed for redemption to each holder whose Securities of such series and of a specified tenor are to be redeemed (unless at the last address for such redemption affects only a single Security), holder then shown on the particular Securities registry books. If any Security is to be redeemed in part only, the notice of redemption that relates to such Security shall be selected not more than 60 days prior to state the Redemption Date by the Trustee, from the Outstanding Securities portion of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee shall promptly notify the Company in writing of the Securities selected for partial redemption and the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating A new Security in principal amount equal to the redemption of Securities shall relate, in the case of any Security redeemed or to unredeemed portion thereof will be redeemed only in part, to the portion of the principal amount of such Security which has been or is to be redeemed. If the Company shall so direct, Securities registered issued in the name of the Companyholder thereof upon cancellation of the original Security. On and after any redemption date, any Affiliate or any Subsidiary thereof shall not be included in interest will cease to accrue on the Securities selected or part thereof called for redemption as long as the Company has deposited with the Paying Agent funds in satisfaction of the redemption price pursuant to the Indenture. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify the Company in writing promptly of the Securities or portions of Securities to be redeemed.

Appears in 2 contracts

Samples: Indenture (Comforce Corp), Comforce Corp

Selection of Securities to be Redeemed. If In the event that less than all of the Securities of any series are to be redeemed, the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series not previously called for redemption, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Security of such series. If less than all the Securities of such series and of a specified tenor are to be redeemed at any time (unless such other than in the case of a regulatory redemption) pursuant to the redemption affects only a single Security)provisions of Pxxxxxxxx 0, Xxxxxxxxx 6 or Paragraph 7 of the Securities, the particular Trustee will select the Securities or portions thereof to be redeemed among the Holders of the Securities on a pro rata basis, by lot or by any other method the Trustee considers fair and appropriate unless otherwise required by law or applicable depositary requirements; The Trustee shall be selected not more than 60 days prior to make the Redemption Date by the Trustee, selection from the Outstanding Securities of such series outstanding and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee and shall promptly notify the Company Issuer in writing of the Securities selected for redemption and, in the case of any Security selected for partial redemption and redemption, the principal amount thereof to be redeemed. For all purposes No Securities having principal of this Indenture, unless less than the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security redeemed or to Minimum Denominations Requirement may be redeemed only in part, to . The Trustee may select for redemption portions (not less than the portion Minimum Denominations Requirement) of the principal amount of such Security which has been or is Securities that have denominations larger than $2,000. Provisions of this Indenture that apply to be redeemed. If the Company shall so direct, Securities registered in the name called for redemption also apply to portions of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected called for redemption.

Appears in 2 contracts

Samples: Indenture (Scientific Games Corp), Indenture (Scientific Games Corp)

Selection of Securities to be Redeemed. If Unless otherwise specified as contemplated by Section 3.1, if less than all the Securities (including coupons, if any) of any a series with the same terms are to be redeemed, the particular Securities to be redeemed shall be selected Trustee, not more than 60 45 days prior to the Redemption Date redemption date, shall select the Securities of the series to be redeemed pro rata or by lot or by any other method utilized by the Trustee, . The Trustee shall make the selection from the Outstanding Securities of such the series that are Outstanding and that have not previously been called for redemption, by such method as the Trustee shall deem fair redemption and appropriate and which may provide for the selection for redemption of a portion portions (equal to the minimum authorized denomination for Securities, including coupons, if any, of that series or any integral multiple thereof) of the principal amount of any Security of such series. If less than all the Securities Securities, including coupons, if any, of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), denomination larger than the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding minimum authorized denomination for Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentencethat series. The Trustee shall promptly notify the Company in writing of the Securities selected by the Trustee for redemption and, in the case of any Securities selected for partial redemption and redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities (including coupons, if any) shall relate, in the case of any Security Securities (including coupons, if any) redeemed or to be redeemed only in part, to the portion of the principal amount of such Security Securities (including coupons, if any) which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.

Appears in 2 contracts

Samples: Indenture (Public Service Co of North Carolina Inc), Indenture (Public Service Co of North Carolina Inc)

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed, the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities (unless all of such series not previously called for redemption, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Security of such series. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Securityredeemed), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, Trustee from the Outstanding outstanding Securities of such series (and specified tenor tenor) not previously called for redemption, either at random, by lot or by such other method as the Trustee shall deem fair and appropriate and that may provide for the selection for redemption in accordance with of portions (equal to the preceding sentenceminimum authorized denomination for Securities of that series or any integral multiple thereof) of the principal amount of Securities of such series of a denomination larger than the minimum authorized denomination for Securities of that series or of the principal amount of Global Securities of such series. The Trustee shall promptly notify the Company and the Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption and redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security of the Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Security thereof which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.

Appears in 2 contracts

Samples: Senior Indenture (Exterran Holdings Inc.), Indenture (Transocean Inc)

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed, the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities (unless all of such series not previously called for redemption, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Security of such series. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Securityredeemed), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding outstanding Securities of such series (and specified tenor tenor) not previously called for redemption in accordance with by lot or pursuant to applicable Depositary procedures and shall provide for the preceding sentenceselection for redemption of portions (equal to the minimum authorized denomination for Securities of that series or any integral multiple thereof) of the principal amount of Securities of such series of a denomination larger than the minimum authorized denomination for Securities of that series or of the principal amount of Global Securities of such series. The Trustee shall promptly notify the Company and the Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption and redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security of the Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Security thereof which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.

Appears in 2 contracts

Samples: Indenture (Conocophillips), Conocophillips

Selection of Securities to be Redeemed. If the Company elects to redeem Securities pursuant to Section 3.07 and less than all the Securities of any series are to be redeemed, the particular Trustee shall select the Securities to be redeemed on a pro rata basis. The Trustee shall be selected not more than 60 days prior to make the Redemption Date by the Trustee, selection from the Outstanding Securities of such series outstanding not previously called for redemption, by such method as . Securities and portions of them the Trustee selects shall deem fair and appropriate and which may provide for the selection for redemption be in amounts of a portion of the $1,000 principal amount or positive integral multiples of any Security of such series. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentence$1,000 principal amount. The Trustee shall promptly notify the Company in writing of the Securities selected for partial redemption and the principal amount thereof to be redeemed. For all purposes The Registrar need not transfer or exchange any Securities selected for redemption, except the unredeemed portion of this Indenturethe Securities redeemed in part. Also, unless the context otherwise requires, all provisions relating to the redemption Registrar need not transfer or exchange any Securities for a period of 15 days before any selection of Securities shall relate, in for redemption and ending at the case Close of Business on the date on which the relevant notice of redemption is deemed to have been given. If any Security redeemed or to be redeemed only selected for partial redemption is converted in part, part before termination of the conversion right with respect to the portion of the principal amount Security so selected, the converted portion of such Security which has been or is shall be deemed (so far as may be) to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities portion selected for redemption. Securities which have been converted during a selection of Securities to be redeemed may be treated by the Trustee as outstanding for the purpose of such selection.

Appears in 2 contracts

Samples: Indenture (Blackboard Inc), Blackboard Inc

Selection of Securities to be Redeemed. If less than all of the Securities of any series are to be redeemedredeemed at any time, the particular Trustee shall select the Securities of such series to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which such Securities are listed, or if such Securities are not listed on a national securities exchange, on a pro rata basis, by lot or by such other method as the Trustee in its sole discretion shall deem to be selected not more than 60 days prior to fair and appropriate. The Trustee shall make the Redemption Date by the Trustee, selection from the Outstanding Securities of such the applicable series not previously called for redemption, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Security of such series. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee shall promptly notify the Company Issuer in writing of the Securities selected for redemption and, in the case of any Security of a series selected for partial redemption and redemption, the principal amount thereof to be redeemed. For Securities may be redeemed in principal amounts equal to authorized denominations for Securities of such series; except that if all purposes of the Securities of a series of a Holder are to be redeemed, the entire outstanding amount of Securities of such series held by such Holder may be redeemed, even if not in the authorized denominations for such Security. Except as provided in the preceding sentence, provisions of this Indenture, unless the context otherwise requires, all provisions relating Indenture that apply to the Securities of a series called for redemption also apply to portions of Securities shall relate, in the case of a series called for redemption. If a Security of any Security redeemed or series is to be redeemed only in partpart only, the notice of redemption that relates to such Security shall state the portion of the principal amount of such Security which has been or that is to be redeemed. If A new Security of the Company applicable series in principal amount equal to the unredeemed portion of the original Security shall so direct, Securities registered be issued in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in Holder of the Securities selected of such series upon cancellation of the original Securities. Securities called for redemptionredemption become due on the Redemption Date. On and after the Redemption Date, interest ceases to accrue on Securities or portions of them called for redemption unless the Issuer defaults in making the applicable redemption payment.

Appears in 2 contracts

Samples: Indenture (Kansas City Southern), Indenture (Kansas City Southern)

Selection of Securities to be Redeemed. If less than all the Securities of any series held in definitive form are to be redeemedredeemed pursuant to Section 3.01, the particular Trustee shall select the definitive Securities to be redeemed PRO RATA or by lot or by a method the Trustee considers fair and appropriate (as long as such method is not prohibited by the rules of any securities exchange or quotation system on which the Securities are then listed or quoted). The Trustee shall be selected make the selection at least 25 days, but not more than 60 days prior to 65 days, before the Redemption Date by the Trustee, from the Outstanding outstanding definitive Securities of such series not previously called for redemption, by such method as . The Trustee may select for redemption portions of the Principal Amount of Securities that have denominations larger than $1,000. Securities and portions of them the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Security of such series. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed selects shall be selected not more than 60 days prior in Principal Amounts of $1,000 or an integral multiple of $1,000. Except as expressly stated otherwise, provisions of this Indenture that apply to the Redemption Date by the Trustee, from the Outstanding definitive Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentencealso apply to portions of definitive Securities called for redemption. The Trustee shall promptly notify the Company in writing promptly of the definitive Securities selected for partial redemption and the principal amount thereof or portions of definitive Securities to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, Any interest in the case of any a Security redeemed or to be redeemed only held in part, to the portion of the principal amount of such Security which has been or is to be redeemed. If the Company shall so direct, Securities global form by and registered in the name of the CompanyDepositary or its nominee to be redeemed in whole or in part will be redeemed in accordance with the procedures of the Depositary. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, any Affiliate or any Subsidiary thereof the converted portion of such Security shall not be included in deemed (so far as may be) to be the Securities portion selected for redemption. Securities which have been converted during a selection of Securities to be redeemed may be treated by the Trustee as outstanding for the purpose of such selection.

Appears in 2 contracts

Samples: Indenture (Wellpoint Health Networks Inc /De/), Indenture (Wellpoint Health Networks Inc /De/)

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed, the particular Trustee shall select the Securities to be redeemed by lot or by any other method the Trustee considers fair and appropriate (so long as such method is not prohibited by the rules of any stock exchange on which the Securities are then listed). The Trustee shall be selected make the selection at least 30 but not more than 60 days prior to before the Redemption Date by the Trustee, from the Outstanding outstanding Securities of such series not previously called for redemption, by such method as . The Trustee may select for redemption portions of the Principal Amount of Securities that have denominations larger than $1,000. Securities and portions of them the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Security of such series. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed selects shall be selected not more than 60 days prior in Principal Amounts of $1,000 or an integral multiple of $1,000. Provisions of this Indenture that apply to the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentencealso apply to portions of Securities called for redemption. The Trustee shall promptly notify the Company in writing promptly of the Securities or portions of Securities to be redeemed. If any Security selected for partial redemption and is thereafter surrendered for conversion in part before termination of the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security redeemed or to be redeemed only in part, conversion right with respect to the portion of the principal amount Security so selected, the converted portion of such Security which has been or is shall be deemed (so far as may be), solely for purposes of determining the aggregate Principal Amount of Securities to be redeemed. If the Company shall so direct, Securities registered in the name of redeemed by the Company, any Affiliate or any Subsidiary thereof shall not to be included in the Securities portion selected for redemption. Securities that have been converted during a selection of Securities to be redeemed may be treated by the Trustee as outstanding for the purpose of such selection. Nothing in this Section 3.02 shall affect the right of any Holder to convert any Security pursuant to Article 10 before the termination of the conversion right with respect thereto.

Appears in 2 contracts

Samples: Talk Radio Network Inc, Multiverse Acquisition Corp

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed, the particular Trustee shall select the Securities to be redeemed pro rata or by lot or by any other method the Trustee considers fair and appropriate (so long as such method is not prohibited by the rules of any stock exchange on which the Securities are then listed). The Trustee shall be selected make the selection at least 15 days but not more than 60 days prior to before the Redemption Date by the Trustee, from the Outstanding outstanding Securities of such series not previously called for redemption, by such method as . The Trustee may select for redemption portions of the Original Principal Amount of Securities that have denominations larger than $1,000. Securities and portions of them the Trustee selects shall deem fair and appropriate and which may provide for the selection be in Original Principal Amounts of $1,000 or an integral multiple of $1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of a Securities called for redemption. The Trustee shall notify the Company promptly of the Securities or portions of Securities to be redeemed. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the principal amount of any Security so selected, the converted portion of such seriesSecurity shall be deemed to be the portion selected for redemption. If Securities which have been converted during a selection of Securities to be redeemed may be treated by the Trustee as outstanding for the purpose of such selection. Notwithstanding the foregoing, if the Accreted Principal Amount has been accelerated and such acceleration has not been rescinded, the Company shall not redeem less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee shall promptly notify the Company in writing of the Securities selected for partial redemption and the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemptionthen outstanding.

Appears in 2 contracts

Samples: Indenture (American Express Co), Indenture (American Express Co)

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Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed, the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding outstanding Securities of such series not previously called for redemption, either pro rata, by lot or by such other method as the Trustee shall deem fair and appropriate and which appropriate. Such redemption may provide for the selection for redemption of a portion portions (equal to the minimum authorized denomination for Securities of that series or any integral multiple thereof) of the principal amount of any Security of such series. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), denomination larger than the particular minimum authorized denomination for Securities to be redeemed shall be selected not more than 60 days prior to of that series or of the Redemption Date by the Trustee, from the Outstanding principal amount of Global Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentenceseries. The Trustee shall promptly notify the Company and the Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption and redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities of any series shall relate, in the case of any Security of the Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Security thereof which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.

Appears in 2 contracts

Samples: Indenture (Seitel Capital Trust Ii), R&b Falcon Corp

Selection of Securities to be Redeemed. If less than all of the Securities of any series are to be redeemed, unless the particular procedures of the Depositary provide otherwise, the Trustee shall select the Securities to be redeemed shall be selected by lot, on a pro rata basis or by another method the Trustee considers fair and appropriate (so long as such method is not more than 60 days prior to the Redemption Date prohibited by the Trustee, rules of any stock exchange on which the Securities are then listed). The Trustee shall make the selection within five Business Days after it receives the notice provided for in Section 3.01 from the Outstanding outstanding Securities of such series not previously called for redemption, by such method as the . The Trustee shall deem fair and appropriate and which may provide for the selection select for redemption of a portion portions of the principal amount of any Security Securities that have denominations larger than $1,000. Securities and portions of such seriesSecurities that the Trustee selects shall be in principal amounts of $1,000 or an integral multiple of $1,000. If less than all Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify the Company promptly of the Securities or portions of such series the Securities to be redeemed. Securities and portions of a specified tenor Securities that are to be redeemed (unless such redemption affects only a single Securityare convertible, pursuant to Section 10.01(a)(2), by the particular Securities to be redeemed shall be selected not more than 60 days Holder until the close of business on the Business Day prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentenceDate. The Trustee shall promptly notify the Company in writing of the Securities If any Security selected for partial redemption and is converted in part before termination of the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security redeemed or to be redeemed only in part, conversion right with respect to the portion of the principal amount Security so selected, the converted portion of such Security which has been or is shall be deemed (so far as may be) to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities portion selected for redemption. Securities that have been converted during a selection of Securities to be redeemed may be treated by the Trustee as outstanding for the purpose of such selection.

Appears in 2 contracts

Samples: Sierra Health Services (Sierra Health Services Inc), Indenture (Genesco Inc)

Selection of Securities to be Redeemed. If less the Company decides to redeem fewer than all of the Securities Securities, unless the procedures of any series are to be redeemedthe Depositary provide otherwise, the particular Trustee shall select the Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trusteelot, from the Outstanding Securities of such series not previously called for redemptionor in its discretion, by such method as the on a pro rata basis. The Trustee shall deem fair and appropriate and which may provide for the selection select for redemption of a portion portions of the principal amount of any Security Securities that have denominations larger than $1,000. Securities and portions of such series. If less than all Securities that the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed Trustee selects shall be selected not more than 60 days prior in principal amounts of $1,000 or an integral multiple of $1,000. Provisions of this Indenture that apply to the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentencealso apply to portions of Securities called for redemption. The Trustee shall promptly notify the Company promptly (but in writing any case within seven days of the Company Order referred to in Section 5.01 unless a shorter notice is acceptable to the Company) of the Securities or portions of the Securities selected for partial redemption and the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relateredeemed and, in the case of any Securities selected for partial redemption, the method it has chosen for the selection of the Security. Following a notice of redemption, Securities and portions of Securities are convertible, pursuant to Section 7.01(b)(iii), by the Holder until the Close of Business on the Business Day prior to the Redemption Date. If any Security redeemed or to be redeemed only selected for partial redemption is converted in part, part before termination of the conversion right with respect to the portion of the principal amount Security so selected, the converted portion of such Security which has been or is shall be deemed (so far as may be) to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities portion selected for redemption. Securities that have been converted during a selection of Securities to be redeemed may be treated by the Trustee as outstanding for the purpose of such selection.

Appears in 2 contracts

Samples: Indenture (Linear Technology Corp /Ca/), Linear Technology Corp /Ca/

Selection of Securities to be Redeemed. If Except as otherwise established in or pursuant to a Board Resolution or an Officer’s Certificate or in another manner specified as contemplated by Section 2.01 for such Securities, if less than all the Securities of any series are to be redeemedredeemed (unless all the Securities of such series and of a specified tenor are to be redeemed or unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 45 days prior to the Redemption Date by the Trustee, from the Outstanding outstanding Securities of such series not previously called for redemption, by such method as the Trustee shall deem fair and appropriate and which may provide for complies with any securities exchange or other Applicable Procedures; provided that the selection for redemption of a unredeemed portion of the principal amount of any Security of shall be in an authorized denomination (which shall not be less than the minimum authorized denomination) for such seriesSecurity. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 45 days prior to the Redemption Date by the Trustee, from the Outstanding outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee shall promptly notify the Company in writing of the Securities If any Security selected for partial redemption and is converted in part before termination of the conversion right with respect to the portion of the Security so selected, the converted portion of such Security shall be deemed (so far as may be) to be the portion selected for redemption. Securities which have been converted during a selection of securities to be redeemed shall be treated by the Trustee as outstanding for the purpose of such selection. The provisions of the preceding paragraphs shall not apply with respect to any redemption affecting only a single Security, whether such Security is to be redeemed in whole or in part. In the case of any such redemption in part, the unredeemed portion of the principal amount thereof to of the Security shall be redeemedin an authorized denomination (which shall not be less than the minimum authorized denomination) for such Security. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Security Securities which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.

Appears in 2 contracts

Samples: Indenture (Laboratory Corp of America Holdings/De), Indenture (Laboratory Corp of America Holdings)

Selection of Securities to be Redeemed. If Unless otherwise specified as contemplated by Section 2.03(a) hereof with respect to any series of Securities, if less than all of the Securities of any a series are to be redeemedredeemed or purchased in an offer to purchase at any time, the Trustee will select the Securities to be redeemed or purchased among the Holders of the Securities of that Series, on a pro rata basis, by lot or in accordance with any other method the Trustee considers fair and appropriate; provided that, to the extent the Securities of such Series are represented by a Global Security, the Securities of such Series to be redeemed or repurchased shall be selected in accordance with the procedures of the Depositary. Subject to the proviso of the immediately preceding sentence, in the event of partial redemption by lot, the particular Securities to be redeemed shall be selected selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the Redemption Date by the Trustee, Trustee from the Outstanding outstanding Securities of such series not previously called for redemption, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Security of such series. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee shall promptly notify the Company in writing of the Securities selected for redemption and, in the case of any Security selected for partial redemption and redemption, the principal amount thereof to be redeemed. For all purposes Unless otherwise specified as contemplated by Section 2.03(a) hereof, Securities and portions of Securities selected will be in amounts of $1,000 or whole multiples of $1,000. Except as provided in the preceding sentence, provisions of this Indenture, unless the context otherwise requires, all provisions relating Indenture that apply to the Securities called for redemption also apply to portions of Securities shall relate, in the case of any Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected called for redemption.

Appears in 2 contracts

Samples: Indenture (West Virginia Management Services Organization, Inc.), West Virginia Management Services Organization, Inc.

Selection of Securities to be Redeemed. If In the event that less than all of the Securities of any series are to be redeemedredeemed at any time, the particular selection of such Securities to for redemption will be redeemed shall be selected not more than 60 days prior to the Redemption Date made by the TrusteeTrustee in compliance with the requirements of the principal national securities exchange, from if any, on which the Outstanding Securities of are listed or, if the Securities are not then listed on a national securities exchange, on a PRO RATA basis, by lot (and in such series not previously called for redemption, manner as complies with applicable legal requirements) or by such method as the Trustee shall deem fair and appropriate appropriate; PROVIDED, however, that no Securities of a principal amount at maturity of $1,000 or less shall be redeemed in part; and which may provide PROVIDED, FURTHER, that if a partial redemption is made with the proceeds of a Public Equity Offering, selection of the Securities 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. The Trustee shall make the selection for redemption of a portion of the principal amount of any Security of such series. If less than all from the Securities of such series outstanding and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee and shall promptly notify the Company Issuers in writing of the Securities selected for partial redemption and the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relateand, in the case of any Security redeemed selected for partial redemption, the principal amount at maturity thereof to be redeemed. Securities in denominations of $1,000 principal amount at maturity or to less may be redeemed only in part, whole. The Trustee may select for redemption portions (equal to the portion $1,000 principal amount at maturity or any integral multiple thereof) of the principal of Securities that have denominations larger than $1,000 principal amount at maturity. Provisions of such Security which has been or is this Indenture that apply to be redeemed. If the Company shall so direct, Securities registered in the name called for redemption also apply to portions of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected called for redemption.

Appears in 2 contracts

Samples: Acme Intermediate Holdings LLC, Acme Television LLC

Selection of Securities to be Redeemed. If less than all the Securities of any series held in definitive form are to be redeemedredeemed pursuant to Section 3.1, the particular Trustee shall select the definitive Securities to be redeemed pro rata or by lot or by another method the Trustee considers fair and appropriate (as long as such method is not prohibited by the rules of any quotation system or securities exchange on which the Securities are then quoted or listed). The Trustee shall be selected make the selection at least 35 days, but not more than 60 days prior to days, before the Redemption Date by the Trustee, from the Outstanding outstanding definitive Securities of such series not previously called for redemption, by such method as . The Trustee may select for redemption portions of the Principal Amount of Securities that have denominations larger than $ 1,000. Securities and portions of them the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Security of such series. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed selects shall be selected not more than 60 days prior in Principal Amounts of $ 1,000 or an integral multiple of $ 1,000. Provisions of this Indenture that apply to the Redemption Date by the Trustee, from the Outstanding definitive Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentencealso apply to portions of definitive Securities called for redemption. The Trustee shall promptly notify the Company in writing promptly of the definitive Securities selected for partial redemption and the principal amount thereof or portions of definitive Securities to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, Any interest in the case of any a Security redeemed or to be redeemed only held in part, to the portion of the principal amount of such Security which has been or is to be redeemed. If the Company shall so direct, Securities global form by and registered in the name of the CompanyDepositary or its nominee to be redeemed in whole or in part will be redeemed in accordance with the procedures of the Depositary. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the Security so selected, any Affiliate or any Subsidiary thereof the converted portion of such Security shall not be included in deemed to be (to the Securities fullest extent possible) the portion selected for redemption. Securities which have been converted during a selection of Securities to be redeemed may be treated by the Trustee as outstanding for the purpose of such selection.

Appears in 2 contracts

Samples: Indenture (Atmel Corp), Indenture (Atmel Corp)

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemedredeemed (unless all the Securities of a specified tenor are to be redeemed or unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series not previously called for redemption, by lot or such other method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Security of such series, provided that the unredeemed portion of the principal amount of any Security shall be in an authorized denomination (which shall not be less than the minimum authorized denomination) for such Security. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee shall promptly notify the Company in writing of the Securities selected for partial redemption and the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.

Appears in 2 contracts

Samples: Indenture (First Tennessee National Corp), Integon Capital I

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed, the particular Trustee shall select the Securities to be redeemed by a method that complies with the requirements of the principal national securities exchange, if any, on which the Securities are listed or quoted or, if the Securities are not so listed, on a pro rata basis, by lot or by any other method that the Trustee considers fair and appropriate. The Trustee shall be selected make the selection not more than 60 days prior to and not less than 30 days before the Redemption Date by the Trustee, from the Outstanding Securities of such series outstanding and not previously called for redemption, by such method as the . The Trustee shall deem fair and appropriate and which may provide for the selection select for redemption of a portion of the principal of any Securities that has a denomination larger than $1,000. Securities and portions thereof will be redeemed in the amount of $1,000 or integral multiples of $1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify the Company promptly of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selection, the converted portion of such seriesSecurity shall be deemed (so far as possible) to be the portion to be selected for redemption. If The Securities (or portion thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities surrendered for conversion during the period of such series and 15 days immediately preceding the mailing of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities notice of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee shall promptly notify the Company in writing of the Securities selected for partial redemption and need not treat as outstanding any Security authenticated and delivered during such period in exchange for the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case unconverted portion of any Security redeemed converted in part during such period. In the event of any redemption of less than all the Securities, the Company will not be required to (i) issue or to be redeemed only register the transfer or exchange of any Security during a period of 15 days immediately preceding the mailing of a notice of redemption for such Securities for redemption, or (ii) register the transfer or exchange of any Security so selected for redemption, in whole or in part, except the unredeemed portion of any Security being redeemed in part, in which case the Company will execute and the Trustee will authenticate and deliver to the Holder a new Security or Securities equal in principal amount to the unredeemed portion of the principal amount of such Security which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemptionsurrendered.

Appears in 2 contracts

Samples: Indenture (Vertex Pharmaceuticals Inc / Ma), Indenture (Vertex Pharmaceuticals Inc / Ma)

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed, or purchased in an offer to purchase at any time, the Trustee shall select the Securities of that series to be redeemed or purchased as follows: (1) if the Securities of such series are listed on any national securities exchange, in compliance with the requirements of the principal national securities exchange on which the Securities of that series are listed; or (2) if the Securities of that series are not listed on a national securities exchange, on a pro rata basis, by lot or by such other method as the Trustee deems fair and appropriate. In the event of a partial redemption or purchase by lot, the particular Securities to be redeemed shall or purchased will be selected not less than 30 nor more than 60 days prior to the Redemption Date redemption or purchase date by the Trustee, Trustee from the Outstanding Securities of such that series outstanding and not previously called for redemption, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Security of such series. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee shall promptly notify the Company promptly in writing of the Securities selected for partial redemption and the principal amount thereof or portions of Securities to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the called for redemption of Securities shall relateor purchase and, in the case of any Security redeemed Securities selected for partial redemption or to be redeemed only in partpurchase, to the portion of the principal amount of such Security which has been or is Securities to be redeemedredeemed or purchased. If the Company shall so directExcept as otherwise provided as to any particular series of Securities, Securities registered and portions of such Securities that the Trustee selects shall be in amounts equal to the name minimum authorized denomination for Securities of the Company, any Affiliate series to be redeemed or purchased or any Subsidiary thereof shall not be included in integral multiple of such denomination, except that if all of the Securities selected of the series are to be redeemed or purchased, the entire outstanding amount of the Securities of the series held by such Holder, even if not equal to the minimum authorized denomination for the Securities of that series, shall be redeemed or purchased. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption.

Appears in 2 contracts

Samples: Indenture (Surgalign Holdings, Inc.), RTI Surgical Holdings, Inc.

Selection of Securities to be Redeemed. If less than all of the Securities of any series are to be redeemedredeemed at any time, the Trustee shall select the Securities of such series to be redeemed among the Holders of the Securities of such series by such method as the Trustee deems fair and appropriate; provided that no Securities of $1,000 or less shall be redeemed in part. The particular Securities of such series to be redeemed shall be selected selected, unless otherwise provided herein, not less than 15 nor more than 60 days prior to the Redemption Date redemption date by the Trustee, Trustee from the Outstanding outstanding Securities of such the series not previously called for redemption, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Security of such series. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee shall promptly notify the Company in writing of the Securities selected for redemption and, in the case of any Security selected for partial redemption and redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption Securities and portions of Securities selected shall relate, be in the case amounts of any Security redeemed $1,000 or to be redeemed only in part, to the portion whole multiples of $1,000; except that if all of the principal amount Securities of such Security which has been or is a series of a Holder are to be redeemed, the entire outstanding amount of Securities of such series held by such Holder, even if not a multiple of $1,000, shall be redeemed. If A new Security of the Company shall so direct, Securities registered same series and tenor in principal amount equal to the unredeemed portion thereof will be issued in the name of the CompanyHolder thereof upon cancellation of the original Security. Securities called for redemption shall become due on the redemption date. On and after the redemption date, any Affiliate or any Subsidiary thereof shall not be included in interest will cease to accrue on the Securities selected or portions of them called for redemption. Except as provided in this Section 3.02, provisions of this Indenture that apply to Securities called for redemption shall also apply to portions of Securities called for redemption.

Appears in 2 contracts

Samples: PRGX Global, Inc., Indenture (PRGX Global, Inc.)

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed, the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities (unless all of such series not previously called for redemption, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Security of such series. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Securityredeemed), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding outstanding Securities of such series (and specified tenor tenor) not previously called for redemption, either pro rata, by lot or by such other method as the Trustee shall deem fair and appropriate and that redemption in accordance with may provide for the preceding sentenceselection for redemption of portions (equal to the minimum authorized denomination for Securities of such series or any integral multiple thereof) of the principal amount of Securities of such series of a denomination larger than the minimum authorized denomination for Securities of such series or of the principal amount of Global Securities of such series. The Trustee shall promptly notify the Company and the Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption and redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities of any series shall relate, in the case of any Security of the Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Security thereof which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.

Appears in 2 contracts

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

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemedredeemed (unless all the Securities of such series and of a specified tenor are to be redeemed or unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series not previously called for redemption, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Security of such seriesseries to be redeemed. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee shall promptly notify the Company in writing of the Securities selected for partial redemption and the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.

Appears in 2 contracts

Samples: Pmi Group Inc, Pmi Capital I

Selection of Securities to be Redeemed. If Unless otherwise specified as contemplated by Section 3.1, if less than all the Securities of any a series with the same original issue date, interest rate and Stated Maturity are to be redeemed, the particular Securities to be redeemed shall be selected Trustee, not more than 60 45 days prior to the Redemption Date by Date, shall select the Trustee, from the Outstanding Securities of the series to be redeemed in such series not previously called for redemption, by such method manner as the Trustee shall deem fair and appropriate appropriate. The Trustee shall make the selection from the Securities of the series that are Outstanding and which that have not previously been called for redemption and may provide for the selection for redemption of a portion portions (equal to the minimum authorized denomination for Securities of that series or any integral multiple thereof) of the principal amount of any Security of such series. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), denomination larger than the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding minimum authorized denomination for Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentencethat series. The Trustee shall promptly notify the Company and the Registrar in writing of the Securities selected by the Trustee for redemption and, in the case of any Securities selected for partial redemption and redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Security Securities which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.

Appears in 2 contracts

Samples: Farmland Industries Inc, Farmland Industries Inc

Selection of Securities to be Redeemed. If less than all the -------------------------------------- Securities of any series are to be redeemedredeemed (unless all the Securities of such series and of a specified tenor are to be redeemed or unless such redemption affects only a single Security all as designated to the Trustee by the Company), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series not previously called for redemption, by such method as the Trustee shall deem fair and appropriate and which that may provide for the selection for redemption of a portion of the principal amount of any Security of such series; provided that the unredeemed portion of the principal amount of any Security shall be in an authorized denomination (which shall not be less than the minimum authorized denomination) for such Security. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee shall promptly notify the Company in writing of the Securities selected for partial redemption and the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security which that has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.

Appears in 2 contracts

Samples: Commonwealth Bankshares Inc, Commonwealth Bankshares Inc

Selection of Securities to be Redeemed. If Unless otherwise -------------------------------------- specified as contemplated by Section 3.1, if less than all the Securities (including coupons, if any) of any a series with the same terms are to be redeemed, the particular Securities to be redeemed shall be selected Trustee, not more than 60 45 days prior to the Redemption Date by redemption date, shall select the Trustee, from the Outstanding Securities of the series to be redeemed in such series not previously called for redemption, by such method manner as the Trustee shall deem fair and appropriate appropriate. The Trustee shall make the selection from Securities of the series that are Outstanding and which that have not previously been called for redemption and may provide for the selection for redemption of a portion portions (equal to the minimum authorized denomination for Securities, including coupons, if any, of that series or any integral multiple thereof) of the principal amount of any Security of such series. If less than all the Securities Securities, including coupons, if any, of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), denomination larger than the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding minimum authorized denomination for Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentencethat series. The Trustee shall promptly notify the Company in writing of the Securities selected by the Trustee for redemption and, in the case of any Securities selected for partial redemption and redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities (including coupons, if any) shall relate, in the case of any Security Securities (including coupons, if any) redeemed or to be redeemed only in part, to the portion of the principal amount of such Security which Securities (including coupons, if any) that has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.

Appears in 2 contracts

Samples: Indenture (Acterna Corp), Acterna Corp

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed (unless all of the Securities of such series of a specified tenor are to be redeemed, ) the particular Securities to be redeemed shall be selected not more than 60 45 days prior to the Redemption Date by the Company or the Trustee, from the Outstanding Securities of such series not previously called for redemption, by such method as the Company or the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion portions (equal to the minimum authorized denomination for Securities of that series or any integral multiple thereof) of the principal amount of any Security Registered Securities of such series of a denomination larger than the minimum authorized denomination for Securities of that series or of the principal amount of global Securities of such series. If less than all of the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security)redeemed, the particular Securities to be redeemed shall be selected not more than 60 45 days prior to the Redemption Date by the Company or the Trustee, from INDENTURE -54- 61 the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee Company or the Trustee, as the case may be, shall promptly notify the Company other in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption and redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Security Securities which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.

Appears in 2 contracts

Samples: Newfield Exploration Co /De/, Newfield Financial Trust Ii

Selection of Securities to be Redeemed. If less than all the Securities are to be redeemed, the Issuer may select the series to be redeemed, and if less than all of the Securities of any series are to be redeemed, the particular Securities of that series to be redeemed shall be selected by the Issuer not more than 60 45 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such that series not previously called for redemption, by, (i) if the Securities are listed on any Stock Exchange, in compliance with the requirements of the principal Stock Exchange on which the Securities are listed, (ii) on a pro rata basis to the extent practicable or (iii) to the extent that selection on a pro rata basis is not practicable by lot or such other method as the Subordinated Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Security of such series. If less than all the Securities of such series shall deem fair and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), appropriate. The Issuer shall promptly notify in writing the particular Securities to be redeemed shall be selected not more than 60 days prior to Subordinated Trustee for the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called selected for redemption and, in accordance with the preceding sentence. The Trustee shall promptly notify the Company in writing case of the any Securities of a series selected for partial redemption and redemption, the principal amount thereof to be redeemed. For all purposes of this Subordinated Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security Securities which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.

Appears in 2 contracts

Samples: Indenture (Prudential Funding (Asia) PLC), Subordinated Indenture (Prudential PLC)

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed, the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series not previously called for redemption, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Security of such series. If ; provided, however, that the unredeemed portion of the principal amount of any Security shall be in an authorized denomination (which shall not be less than all the Securities of minimum authorized denomination) for such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee shall promptly notify the Company in writing of the Securities selected for partial redemption and the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security which that has been or is to be redeemed. If the Company shall so direct, Securities registered in the name The provisions of the Companytwo preceding paragraphs shall not apply with respect to any redemption affecting only a single Security, whether such Security is to be redeemed in whole or in part. In the case of any Affiliate or any Subsidiary thereof such redemption in part, the unredeemed portion of the principal amount of the Security shall be in an authorized denomination (which shall not be included in less than the Securities selected minimum authorized denomination) for redemptionsuch Security.

Appears in 2 contracts

Samples: Everest Re Capital Trust Iii, Everest Re Group LTD

Selection of Securities to be Redeemed. If the Company has elected to redeem less than all the Securities pursuant to paragraph 6 of any series are to be redeemedthe Securities, the particular Trustee shall, within five (5) Business Days after receiving the notice specified in Section 3.07, select the Securities to be redeemed shall be selected by lot, on a pro rata basis or in accordance with any other method the Trustee considers fair and appropriate, provided such method is not more than 60 days prior to the Redemption Date prohibited by the Trustee, rules of any stock exchange or quotation association on which the Securities or the Common Stock may then be traded or quoted. The Trustee shall make such selection from the Outstanding Securities then outstanding and not already to be redeemed by virtue of such series not having been previously called for redemption, by such method as Redemption. Securities and portions of them the Trustee selects for Redemption shall deem fair and appropriate and which may provide for the selection for redemption be in amounts of a portion of the $1,000 principal amount or integral multiples of any Security of such series. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentence$1,000 principal amount. The Trustee shall promptly notify the Company in writing of the Securities selected for partial redemption Redemption and the principal amount thereof to be redeemed. For all purposes The Security Registrar need not register the transfer of or exchange any Securities that have been selected for Redemption, except the unredeemed portion of the Securities being redeemed in part. Notwithstanding anything in this Supplemental Indenture, unless the context otherwise requires, all provisions relating Base Indenture or the Securities to the redemption of Securities shall relatecontrary, the reference, in the case eighth (8th) paragraph of any Security redeemed or Section 3.05 of the Base Indenture, to “Section 11.05” shall, for purposes of the Securities, be deemed to be redeemed only in part, to replaced with the portion phrase “Section 3.08 of the principal amount of such Security which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemptionSupplemental Indenture”.

Appears in 2 contracts

Samples: Indenture (Jefferies Group Capital Finance Inc.), First Supplemental Indenture (Jefferies Group Inc /De/)

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed, the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities (unless all of such series not previously called for redemption, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Security of such series. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Securityredeemed), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding outstanding Securities of such series (and specified tenor tenor) not previously called for redemption, either pro rata, by lot or by such other method as the Trustee shall deem fair and appropriate and that may provide for the selection for redemption in accordance with of portions (equal to the preceding sentenceminimum authorized denomination for Securities of that series or any integral multiple thereof) of the principal amount of Securities of such series of a denomination larger than the minimum authorized denomination for Securities of that series or of the principal amount of Global Securities of such series. The Trustee shall promptly notify the Company and the Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption and redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security of the Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Security thereof which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.

Appears in 2 contracts

Samples: Indenture (Cabot Oil & Gas Corp), Indenture (Cabot Oil & Gas Corp)

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed, the particular Securities to be redeemed shall be selected and redeemed on a pro rata basis not more than 60 sixty (60) days prior to the Redemption Date by the Trustee, Trustee from the Outstanding Securities of such series not previously called for redemption, by such method as provided, that the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a unredeemed portion of the principal amount of any Security of such series. If shall be in an authorized denomination (which shall not be less than all the Securities of minimum authorized denomination) for such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee shall promptly notify the Company in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption and redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security which that has been or is to be redeemed. If The provisions of paragraphs (a) and (b) of this Section 11.4 shall not apply with respect to any redemption affecting only a single Security, whether such Security is to be redeemed in whole or in part. In the Company shall so directcase of any such redemption in part, Securities registered in the name unredeemed portion of the Company, any Affiliate or any Subsidiary thereof principal amount of the Security shall be in an authorized denomination (which shall not be included in less than the Securities selected minimum authorized denomination) for redemptionsuch Security.

Appears in 2 contracts

Samples: Valley Financial Corp /Va/, Vision Bancshares Inc

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed, the particular Trustee shall select the Securities to be redeemed pro rata or by lot or by any other method the Trustee considers fair and appropriate (so long as such method is not prohibited by the rules of any stock exchange on which the Securities are then listed). The Trustee shall be selected make the selection at least 30 but not more than 60 days prior to before the Redemption Date by the Trustee, from the Outstanding outstanding Securities of such series not previously called for redemption, by such method as . The Trustee may select for redemption portions of the Principal Amount of Securities that have denominations larger than $1,000. Securities and portions of them the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Security of such series. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed selects shall be selected not more than 60 days prior in Principal Amounts of $1,000 or an integral multiple of $1,000. Provisions of this Indenture that apply to the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentencealso apply to portions of Securities called for redemption. The Trustee shall promptly notify the Company in writing promptly of the Securities or portions of Securities to be redeemed. If any Security selected for partial redemption and is thereafter surrendered for conversion in part before termination of the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security redeemed or to be redeemed only in part, conversion right with respect to the portion of the principal amount Security so selected and prior to such redemption, the converted portion of such Security which has been or is shall be deemed (so far as may be), solely for purposes of determining the aggregate Principal Amount of Securities to be redeemed. If the Company shall so direct, Securities registered in the name of redeemed by the Company, any Affiliate or any Subsidiary thereof shall not to be included in the Securities portion selected for redemption. Securities that have been converted during a selection of Securities to be redeemed may be treated by the Trustee as outstanding for the purpose of such selection. Nothing in this Section 3.02 shall affect the right of any Holder to convert any Security pursuant to Article 10 before the termination of the conversion right with respect thereto.

Appears in 2 contracts

Samples: Indenture (Stmicroelectronics Nv), Netease Com Inc

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed, unless the particular procedures of the Depositary provide otherwise, the Trustee shall select the Securities to be redeemed shall be selected by lot, on a pro rata basis or by another method the Trustee considers fair and appropriate (so long as such method is not more than 60 days prior to the Redemption Date prohibited by the Trustee, rules of any stock exchange on which the Securities are then listed). The Trustee shall make the selection within five Business Days after it receives the notice provided for in Section 3.01 from the Outstanding outstanding Securities of such series not previously called for redemption, by such method as the . The Trustee shall deem fair and appropriate and which may provide for the selection select for redemption of a portion portions of the principal amount at maturity of any Security Securities that have denominations larger than $1,000. Securities and portions of such seriesSecurities that the Trustee selects shall be in principal amounts at maturity of $1,000 or an integral multiple of $1,000. If less than all Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify the Company promptly of the Securities or portions of such series the Securities to be redeemed. Securities and portions of a specified tenor Securities that are to be redeemed (unless such redemption affects only a single Security), are convertible by the particular Securities to be redeemed shall be selected not more than 60 days Holder until the close of business on the Business Day prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentenceDate. The Trustee shall promptly notify the Company in writing of the Securities If any Security selected for partial redemption and is converted in part before termination of the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security redeemed or to be redeemed only in part, conversion right with respect to the portion of the principal amount Security so selected, the converted portion of such Security which has been or is shall be deemed (so far as may be) to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities portion selected for redemption. Securities that have been converted during a selection of Securities to be redeemed may be treated by the Trustee as outstanding for the purpose of such selection.

Appears in 1 contract

Samples: Rights Agreement (General Mills Inc)

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemedredeemed (unless all the Securities of such series and of a specified tenor are to be redeemed or unless such redemption affects only a single Security all as designated to the Trustee by the Company), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series not previously called for redemption, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Security of such series, provided, however, that the unredeemed portion of the principal amount of any Security shall be in an authorized denomination (which shall not be less than the minimum authorized denomination) for such Security. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding 48 55 Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee shall promptly notify the Company in writing of the Securities selected for partial redemption and the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption. SECTION 11.4.

Appears in 1 contract

Samples: Republic New York Capital Iv

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed, the particular Securities to be redeemed shall be selected not more than 60 sixty (60) days prior to the Redemption Date by the Trustee, Trustee from the Outstanding Securities of such series not previously called for redemption, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any or each Security, provided, that the unredeemed portion of the principal amount of any Security of such series. If shall be in an authorized denomination (which shall not be less than all the Securities of minimum authorized denomination) for such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee shall promptly notify the Company in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption and redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security which that has been or is to be redeemed. If The provisions of paragraphs (a) and (b) of this Section 11.4 shall not apply with respect to any redemption affecting only a single Security, whether such Security is to be redeemed in whole or in part. In the Company shall so directcase of any such redemption in part, Securities registered in the name unredeemed portion of the Company, any Affiliate or any Subsidiary thereof principal amount of the Security shall be in an authorized denomination (which shall not be included in less than the Securities selected minimum authorized denomination) for redemptionsuch Security.

Appears in 1 contract

Samples: Junior Subordinated Indenture (Summit Bank Corp)

Selection of Securities to be Redeemed. If less than all of the Securities of any series are to be redeemedredeemed pursuant to Paragraph 5 of the Securities, the particular Trustee shall select the Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series not previously called for redemption, lot or by such other method as the Trustee shall deem determine to be fair and appropriate and which may provide for appropriate. The Trustee shall make the selection for redemption of a portion of the principal amount of any Security of such series. If less than all from the Securities of such series outstanding and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee and shall promptly notify the Company and Paying Agent in writing of the Securities selected for redemption and, in the case of any Security selected for partial redemption and redemption, the principal amount thereof to be redeemed. For all purposes Securities in denominations of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security redeemed or to $50 may be redeemed only in part, whole. The Trustee may select for redemption portions (equal to $50 or any integral multiple thereof) of the principal of Securities that have denominations larger than $50. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. If any Security selected for partial redemption is converted in part before termination of the conversion right with respect to the portion of the principal amount Security so selected, the converted portion of such Security which has been or is shall be deemed (so far as may be) to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities portion selected for redemption.. Securities which have been converted during a selection of Securities to be redeemed shall be treated by the Trustee as Outstanding for the purpose of such selection. SECTION 3.4

Appears in 1 contract

Samples: Laboratory Corp of America Holdings

Selection of Securities to be Redeemed. If Unless otherwise provided as contemplated by Section 2.04(a) hereof, if less than all of the Securities of any series are to be redeemedredeemed at any time, the Trustee shall select the Securities to be redeemed among the Holders of the Securities in compliance with the requirements of the principal national securities exchange, if any, on which the Securities are listed or, if the Securities are not so listed, on a pro rata basis, by lot or in accordance with any other method the Trustee deems fair and appropriate. In the event of partial redemption by lot, the particular Securities to be redeemed shall be selected selected, unless otherwise provided herein, not less than 30 nor more than 60 days prior to the Redemption Date redemption date by the Trustee, Trustee from the Outstanding outstanding Securities of such series not previously called for redemption, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Security of such series. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee shall promptly notify the Company in writing of the Securities selected for redemption and, in the case of any Security selected for partial redemption and redemption, the principal amount thereof to be redeemed. For all purposes of this IndentureUnless otherwise provided as contemplated by Section 2.04(a) hereof, unless the context otherwise requires, all provisions relating to the redemption Securities and portions of Securities selected shall relate, be in the case amounts of any Security redeemed $1,000 or to be redeemed only in part, to the portion integral multiples thereof; except that if all of the principal amount Securities of such Security which has been or is a Holder are to be redeemed, the entire outstanding amount of Securities held by such Holder, even if not an integral multiple of $1,000, shall be redeemed. If the Company shall so direct, Securities registered Except as provided in the name preceding sentence, provisions of the Company, any Affiliate or any Subsidiary thereof shall not be included in the this Indenture that apply to Securities selected called for redemption also apply to portions of Securities called for redemption.

Appears in 1 contract

Samples: Indenture (Centene Corp)

Selection of Securities to be Redeemed. If less than all the Securities of any series held in defini tive form are to be redeemed, the particular Trustee shall select the definitive Securities to be redeemed pro rata or by lot or by a method the Trustee considers fair and appropriate (as long as such method is not prohibited by the rules of any stock exchange on which the Securities are then listed). The Trustee shall be selected make the selection at least 35 days, but not more than 60 days prior to days, before the Redemption Date by the Trustee, from the Outstanding outstanding definitive Securities of such series not previously called for redemption, by such method as . The Trustee may select for redemption portions of the Principal of Securities that have denominations larger than $1,000. Securities and portions of them the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Security of such series. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed selects shall be selected not more than 60 days prior in Principal Amounts of $1,000 or an integral multiple of $1,000. Provisions of this Indenture that apply to the Redemption Date by the Trustee, from the Outstanding definitive Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentencealso apply to portions of definitive Securities called for redemption. The Trustee shall promptly notify the Company in writing promptly of the definitive Securities selected for partial redemption and the principal amount thereof or portions of definitive Securities to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, Any interest in the case of any a Security redeemed or to be redeemed only held in part, to the portion of the principal amount of such Security which has been or is to be redeemed. If the Company shall so direct, Securities global form by and registered in the name of the CompanyDepositary or its nominee to be redeemed in whole or in part will be redeemed pro rata in accordance with the standing instructions and procedures of the Depositary. If any Security selected for partial redemption is converted in part before termination of the conversion with respect to the portion of the Security so selected, any Affiliate or any Subsidiary thereof the converted portion of such Security shall not be included in deemed (so far as may be) to be the Securities portion selected for redemption. Securities which have been converted during a selection of Securities to be redeemed may be treated by the Trustee as outstanding for the purpose of such selection.

Appears in 1 contract

Samples: Triarc Companies Inc

Selection of Securities to be Redeemed. If less fewer than all the Securities of any series are to be redeemed, the particular Trustee shall select the Securities to be redeemed pro rata or by lot or by a method that complies with applicable legal and securities exchange requirements, if any, and that the Trustee in its sole discretion shall deem to be selected not fair and appropriate and in accordance with methods generally used at the time of selection by fiduciaries in similar circumstances. The Trustee shall make the selection at least 30 days but no more than 60 days prior to before the Redemption Date by the Trustee, from the Outstanding outstanding Securities of such series not previously called for redemption, by such method as . Securities and portions thereof that the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Security of such series. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed selects shall be selected not more than 60 days prior in Principal Amounts at Maturity of $1,000 or integral multiples of $1,000. Provisions of this Indenture that apply to the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentencealso apply to portions of Securities called for redemption. The Trustee shall promptly notify the Company in writing Issuers of the Securities selected for partial redemption and the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security redeemed (or to be redeemed only in part, to the portion of the principal amount of such Security which has been or is portions thereof) to be redeemed. If any Security selected for partial redemption is converted in part after such selection, the Company converted portion of such Security shall be deemed (so direct, Securities registered in far as may be) to be the name of the Company, any Affiliate or any Subsidiary thereof shall not portion to be included in the Securities selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Issuers and the Trustee may, solely for the purposes of this Section 3.02, treat as outstanding any Securities surrendered for conversion during the period 15 days next preceding the mailing of a notice of redemption and need not treat as outstanding any Security authenticated and delivered during such period in exchange for the unconverted portion of any Security converted in part during such period.

Appears in 1 contract

Samples: Indenture (Jones Apparel Group Inc)

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed, the particular Trustee shall select the Securities to be redeemed in compliance with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not so listed, on a pro rata basis, provided however, that the event of a pro rata redemption of less than all of the Notes pursuant to this Section 3.2, the Trustee shall not be selected required to issue Notes in denominations of less than $1,000. The Trustee shall make the selection not more than 60 days prior to and not less than 15 days before the Redemption Date by the Trustee, redemption date from the Outstanding Securities of such series outstanding not previously called for redemption, by such method as the . The Trustee shall deem fair and appropriate and which may provide for the selection select for redemption of a portion portions of the principal amount of Securities that have denominations larger than $1,000. Securities and portions of them it selects shall be in amounts of $1,000 or integral multiples of $1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of Securities called for redemption. The Trustee shall notify the Company promptly of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selection, the converted portion of such seriesSecurity shall be deemed (so far as may be) to be the portion to be selected for redemption. If The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the Trustee may treat as outstanding any Securities of such series and surrendered for conversion during the period 15 days next preceding the mailing of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities notice of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee shall promptly notify the Company in writing of the Securities selected for partial redemption and need not treat as outstanding any Security authenticated and delivered during such period in exchange for the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case unconverted portion of any Security redeemed or to be redeemed only converted in part, to the portion of the principal amount of part during such Security which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemptionperiod.

Appears in 1 contract

Samples: Indenture (Komag Inc /De/)

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed (unless all of the Securities of such series of a specified tenor are to be redeemed, ) the particular Securities to be redeemed -57- shall be selected not more than 60 45 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series not previously called for redemption, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion portions (equal to the minimum authorized denomination for Securities of that series or any integral multiple thereof) of the principal amount of any Security Registered Securities of such series of a denomination larger than the minimum authorized denomination for Securities of that series or of the principal amount of global Securities of such series. If less than all of the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security)redeemed, the particular Securities to be redeemed shall be selected not more than 60 45 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee shall promptly notify the Company in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption and redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Security Securities which has been or is to be redeemed. If any Security selected for partial redemption is surrendered for conversion after such selection, the Company converted portion of such Security shall be deemed (so direct, Securities registered in far as may be) to be the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities portion selected for redemption. Upon any redemption of less than all the Securities of a series, for purposes of selection for redemption the Company and the Trustee may treat as Outstanding Securities 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 Security authenticated and delivered during such period in exchange for the unconverted portion of any Security converted in part during such period.

Appears in 1 contract

Samples: Dynegy Capital Trust Iii

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed, the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities (unless all of such series not previously called for redemption, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Security of such series. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Securityredeemed), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, Trustee from the Outstanding outstanding Securities of such series (and specified tenor tenor) not previously called for redemption, pro rata, by lot or by such other method as the Trustee shall deem fair and appropriate and that may provide for the selection for redemption in accordance with of portions (equal to the preceding sentenceminimum authorized denomination for Securities of that series or any integral multiple thereof) of the principal amount of Securities of such series of a denomination larger than the minimum authorized denomination for Securities of that series or of the principal amount of Global Securities of such series. The Trustee shall promptly notify the Company and the Registrar in writing of the Securities selected for redemption and, in the case of any Securities selected for partial redemption and redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security of the Securities redeemed or to be redeemed only in part, to the portion of the principal amount of such Security thereof which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.

Appears in 1 contract

Samples: Halliburton Co

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed, the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series not previously called for redemption, by such method as the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Security of such series, provided that the unredeemed portion of the principal amount of any Security shall be in a denomination (which shall not be less than the minimum authorized denomination) for such Security. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentence. The Trustee shall promptly notify the Company in writing of the Securities selected for partial redemption and the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security which that has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemption.

Appears in 1 contract

Samples: Indenture (Privatebancorp Capital Trust Iv)

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemedredeemed pursuant to this Article 3, the particular Trustee shall select the Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trusteelot, or in its discretion, on a pro rata basis from the Outstanding Securities of such series outstanding and not previously called for redemptionredemption (unless the Company specifically directs the Trustee otherwise), by in such method manner as the Trustee shall deem fair and appropriate and which may provide appropriate. If any Security selected for partial redemption is converted in part before termination of the selection for redemption of a conversion right with respect to the portion of the principal amount of any Security so selected, the converted portion of such series. If less than all the Securities of such series and of a specified tenor are Security shall be deemed (so far as may be) to be redeemed (unless such redemption affects only the portion selected for redemption. Securities which have been converted during a single Security), the particular selection of Securities to be redeemed shall may be selected not more than 60 days prior to the Redemption Date treated by the Trustee, from Trustee as outstanding for the Outstanding Securities purpose of such series and specified tenor not previously called for redemption in accordance with the preceding sentenceselection. The Trustee shall promptly notify make the selection (and provide the Company in writing with written notice of the Securities selected for redemption and, in the case of any Securities selected for partial redemption and redemption, the principal amount thereof to be redeemed) at least 3 days before the Redemption Date. For all purposes Securities and portions of Securities the Trustee selects for redemption shall be in amounts of $1,000 or integral multiples of $1,000. In the event that the Trustee is not the Registrar, the Registrar shall provide to the Trustee such information as the Trustee may reasonably request to implement the selection. Provisions of this Indenture, unless the context otherwise requires, all provisions relating Indenture that apply to the Securities called for redemption also apply to portions of Securities shall relate, in the case of any Security redeemed or to be redeemed only in part, to the portion of the principal amount of such Security which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected called for redemption.

Appears in 1 contract

Samples: Indenture (Citadel Broadcasting Corp)

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed, the particular Trustee shall select the Securities to be redeemed shall be selected in compliance with the requirements of the principal national securities exchange, if any, on which the Securities are listed, or, if the Securities are not more than 60 days prior to the Redemption Date so listed, on a pro rata basis, by the Trustee, from the Outstanding Securities of such series not previously called for redemption, lot or by such method as the Trustee shall deem fair and appropriate and which may provide for appropriate. The Trustee shall make the selection for redemption of a portion of the principal amount of any Security of such series. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed shall be selected not more than 60 days prior to and not less than 15 days before the Redemption Date by the Trustee, redemption date from the Outstanding Securities of such series and specified tenor outstanding not previously called for redemption. The Trustee may select for redemption portions of the principal of Securities that have denominations larger than $1,000. Securities and portions of them it selects shall be in accordance with the preceding sentenceamounts cf $1,000 or integral multiples of $1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of securities called for redemption. The Trustee shall promptly notify the Company in writing promptly of the Securities or portions of Securities to be called for redemption. If any Security selected for partial redemption is converted in part after such selection, the converted portion of such Security shall be deemed (so far as may be) to be the portion to be selected for redemption. The Securities (or portions thereof) so selected shall be deemed duly selected for redemption for all purposes hereof, notwithstanding that any such Security is converted in whole or in part before the mailing of the notice of redemption. Upon any redemption of less than all the Securities, the Company and the principal amount thereof to be redeemed. For all purposes Trustee may treat as outstanding any securities surrendered for conversion during the period 15 days next preceding the mailing of this Indenture, unless a notice of redemption and need not treat as outstanding any Security authenticated and delivered during such period in exchange for the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case unconverted portion of any Security redeemed or to be redeemed only converted in part, to the portion of the principal amount of part during such Security which has been or is to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities selected for redemptionperiod.

Appears in 1 contract

Samples: Swift Energy Co

Selection of Securities to be Redeemed. If less than all the Securities of any series are to be redeemed, the particular Trustee shall select the Securities to be redeemed by lot, PRO RATA or by any other method the Trustee considers fair and appropriate (so long as such method is not prohibited by the rules of any stock exchange on which the Securities are then listed). The Trustee shall be selected make the selection at least 30 but not more than 60 days prior to before the Redemption Date by the Trustee, from the Outstanding outstanding Securities of such series not previously called for redemption, by such method as . The Trustee may select for redemption portions of the Principal Amount of Securities that have denominations larger than $1,000. Securities and portions of them the Trustee shall deem fair and appropriate and which may provide for the selection for redemption of a portion of the principal amount of any Security of such series. If less than all the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed selects shall be selected not more than 60 days prior in Principal Amounts of $1,000 or an integral multiple of $1,000. Provisions of this Indenture that apply to the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentencealso apply to portions of Securities called for redemption. The Trustee shall promptly notify the Company in writing promptly of the Securities or portions of Securities to be redeemed. If any Security selected for partial redemption and is thereafter surrendered for conversion in part before termination of the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security redeemed or to be redeemed only in part, conversion right with respect to the portion of the principal amount Security so selected, the converted portion of such Security which has been or is shall be deemed (so far as may be), solely for purposes of determining the aggregate Principal Amount of Securities to be redeemed. If the Company shall so direct, Securities registered in the name of redeemed by the Company, any Affiliate or any Subsidiary thereof shall not to be included in the Securities portion selected for redemption. Securities that have been converted during a selection of Securities to be redeemed may be treated by the Trustee as outstanding for the purpose of such selection. Nothing in this Section 3.02 shall affect the right of any Holder to convert any Security pursuant to Article 10 before the termination of the conversion right with respect thereto.

Appears in 1 contract

Samples: Costco Companies Inc

Selection of Securities to be Redeemed. If less fewer than all of the outstanding Securities of any series are to be redeemed, unless the particular procedures of the Depositary provide otherwise, the Trustee shall select the Securities to be redeemed by lot or on a pro rata basis or by another method the Trustee considers fair and appropriate. The Trustee shall be selected not more than 60 days prior to make the Redemption Date by selection within five Business Days after it receives the Trustee, notice provided for in Section 3.1 from the Outstanding outstanding Securities of such series not previously called for redemption, by such method as . Securities and portions of Securities that the Trustee selects shall deem fair and appropriate and which may provide for the selection be in principal amounts of $1,000 or an integral multiple of $1,000. Provisions of this Indenture that apply to Securities called for redemption also apply to portions of a portion Securities called for redemption. The Trustee shall notify the Company promptly of the principal amount Securities or portions of any Security of such series. If less than all the Securities to be redeemed. Securities and portions of such series and of a specified tenor Securities that are to be redeemed (unless such redemption affects only a single Security)are convertible by the Holder until 5:00 p.m., New York City time, on the particular Securities to be redeemed shall be selected not more than 60 days prior to second Business Day immediately preceding the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentenceDate. The Trustee shall promptly notify the Company in writing of the Securities If any Security selected for partial redemption and is converted in part before termination of the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relate, in the case of any Security redeemed or to be redeemed only in part, conversion right with respect to the portion of the principal amount Security so selected, the converted portion of such Security which has been or is shall be deemed (so far as may be) to be redeemed. If the Company portion selected for redemption and the Trustee shall so direct, select additional Securities registered to be redeemed in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included manner provided in the first paragraph of this Section 3.2 in an amount equal to the Securities selected that would have been redeemed but for redemptiontheir conversion prior to the termination of their conversion right. Securities which have been converted during a selection of Securities to be redeemed may be treated by the Trustee as outstanding for the purpose of such selection.

Appears in 1 contract

Samples: Indenture (Concord Communications Inc)

Selection of Securities to be Redeemed. If less than all of the Securities of any series are to be redeemed, unless the particular procedures of the Depositary provide otherwise, the Trustee shall select the Securities to be redeemed shall be selected not more than 60 days prior to the Redemption Date by the Trusteelot, from the Outstanding Securities of such series not previously called for redemption, on a pro rata basis or by such another method as the Trustee shall deem considers fair and appropriate and (so long as such method is not prohibited by the rules of any stock exchange or quotation association on which the Securities are then traded or quoted). The Trustee may provide for the selection select for redemption of a portion portions of the principal amount of any Security Securities that have denominations larger than $1,000. Securities and portions of such series. If less than all Securities that the Securities of such series and of a specified tenor are to be redeemed (unless such redemption affects only a single Security), the particular Securities to be redeemed Trustee selects shall be selected not more than 60 days prior in principal amounts of $1,000 or an integral multiple of $1,000. Provisions of this Indenture that apply to the Redemption Date by the Trustee, from the Outstanding Securities of such series and specified tenor not previously called for redemption in accordance with the preceding sentencealso apply to portions of Securities called for redemption. The Trustee shall promptly notify the Company in writing promptly of the Securities or portions of the Securities selected for partial redemption and the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Securities shall relateredeemed and, in the case of any Securities selected for partial redemption, the method it has chosen for the selection of the Security. Following a notice of redemption, Securities and portions of Securities that have been called for redemption are convertible, pursuant to Section 10.01(a)(2), by the Holder until the close of business on the second Business Day prior to the Redemption Date. If any Security redeemed or to be redeemed only selected for partial redemption is converted in part, part before termination of the conversion right with respect to the portion of the principal amount Security so selected, the converted portion of such Security which has been or is shall be deemed (so far as may be) to be redeemed. If the Company shall so direct, Securities registered in the name of the Company, any Affiliate or any Subsidiary thereof shall not be included in the Securities portion selected for redemption. Securities that have been converted during a selection of Securities to be redeemed may be treated by the Trustee as outstanding for the purpose of such selection.

Appears in 1 contract

Samples: Invacare Corp

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