Common use of A Fundamental Change Clause in Contracts

A Fundamental Change. Purchase Notice may be withdrawn by means of a written notice (which, in the case of Certificated Notes, may be delivered by letter, overnight courier, hand delivery, facsimile transmission or in any other written form and, in the case of Global Notes, may be delivered electronically or by other means in accordance with the Depositary's customary procedures) of withdrawal delivered by the Holder to the Paying Agent at any time prior to 5:00 p.m., Eastern Standard time, on the Business Day immediately prior to the Fundamental Change Purchase Date (or such later time as may be required by applicable law), specifying (i) the principal amount of the Note or portion thereof (which must be a principal amount of $1,000 or an integral multiple thereof) with respect to which such notice of withdrawal is being submitted, (ii) if certificated Notes have been issued, the certificate numbers of the withdrawn Notes, or if not certificated, such notice must comply with Applicable Procedures, and (iii) the principal amount, if any, which remains subject to the Fundamental Change Purchase Notice. If a Fundamental Change Purchase Notice has been properly withdrawn pursuant to this Section 5.2(b) prior to the Fundamental Change Purchase Date, the Company shall not be obligated to purchase those Notes so identified in such notice of withdrawal.

Appears in 1 contract

Samples: Indenture (Greenbrier Companies Inc)

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A Fundamental Change. Purchase Notice may be withdrawn by means of a written notice (which, in the case of Certificated Notes, which may be delivered by letter, overnight courier, hand delivery, facsimile transmission or in any other written form and, in the case of Global NotesSecurities, may be delivered electronically or by other means in accordance with the Depositary's customary proceduresApplicable Procedures) of withdrawal delivered by the Holder to the Paying Agent at any time prior to 5:00 p.m., Eastern Standard time, the close of business on the Business Day immediately prior to preceding the Fundamental Change Purchase Date (or such later time as may be required by applicable law), specifying (i) the principal amount of the Note or portion thereof (which must be a principal amount of $1,000 or an integral multiple thereof) with respect to which such notice of withdrawal is being submitted, (ii) if certificated Notes have been issued, the certificate numbers of the withdrawn Notes, or if not certificated, such notice must comply with Applicable Procedures, and (iii) the principal amount, if any, which remains subject to the Fundamental Change Purchase Notice. If a Fundamental Change Purchase Notice has been properly withdrawn pursuant to this Section 5.2(b) prior to the close of business on the Business Day immediately preceding the Fundamental Change Purchase DateDate (or such later time as may be required by applicable law), the Company shall not be obligated to purchase those Notes so identified in such notice of withdrawal.

Appears in 1 contract

Samples: Indenture (Synaptics Inc)

A Fundamental Change. Purchase Notice may be withdrawn by means of a written notice (which, in the case of Certificated Notes, which may be delivered by letter, overnight courier, hand delivery, facsimile transmission or in any other written form and, in the case of Global NotesSecurities, may be delivered electronically or by other means in accordance with the Depositary's customary proceduresApplicable Procedures) of withdrawal delivered by the Holder to the Paying Agent at any time prior to 5:00 p.m., Eastern Standard time, the close of business on the Business Day immediately prior to preceding the Fundamental Change Purchase Date (or such later time as may be required by applicable law), specifying (i) the principal amount of the Note or portion thereof (which must be a principal amount of $1,000 or an integral multiple thereof) with respect to which such notice of withdrawal is being submitted, (ii) if certificated Notes have been issued, the certificate serial numbers of the withdrawn Notes, or if not certificated, such notice must comply with Applicable Procedures, and (iiiii) the principal amount, if any, which remains subject to the Fundamental Change Purchase Notice. If a Fundamental Change Purchase Notice has been properly withdrawn pursuant to this Section 5.2(b) prior to the Fundamental Change Purchase Date, the Company shall not be obligated to purchase those Notes so identified in such notice of withdrawal.

Appears in 1 contract

Samples: Indenture (Xm Satellite Radio Holdings Inc)

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A Fundamental Change. Purchase Notice may be withdrawn by means of a written notice (which, in the case of Certificated Notes, which may be delivered by letter, overnight courier, hand delivery, facsimile transmission or in any other written form and, in the case of Global NotesSecurities, may be delivered electronically or by other means in accordance with the Depositary's customary procedures) of withdrawal delivered by the Holder to the Paying Agent at any time prior to 5:00 p.m., Eastern Standard time, the close of business on the Business Day immediately prior to preceding the Fundamental Change Purchase Date (or such later time as may be required by applicable law), specifying (i) the principal amount of the Note or portion thereof (which must be a principal amount of $1,000 or an integral multiple thereof) with respect to which such notice of withdrawal is being submitted, (ii) if certificated Notes have been issued, the certificate numbers of the withdrawn Notes, or if not certificated, such notice must comply with Applicable Procedures, and (iii) the principal amount, if any, which remains subject to the Fundamental Change Purchase Notice. If a Fundamental Change Purchase Notice has been properly withdrawn pursuant to this Section 5.2(b) prior to the Fundamental Change Purchase Date, the Company shall not be obligated to purchase those Notes so identified in such notice of withdrawal.

Appears in 1 contract

Samples: Indenture (Cray Inc)

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