Acceptance and Payment. A holder of Notes may accept or reject the offer to prepay the Ratable Portion of the Notes held by such holder pursuant to this Section 8.8 by causing a notice of such acceptance or rejection to be delivered to the Company at least five Business Days prior to the Sale of Assets Prepayment Date. A failure by a holder of the Notes to respond to an offer to prepay made pursuant to this Section 8.8 or to accept such offer with respect to all, but not less than all, of the Notes held by it shall be deemed to constitute a rejection of such offer by such holder. If so accepted, such offered prepayment of the Ratable Portion of the Notes of each holder that has accepted such offer shall be due and payable on the Sale of Assets Prepayment Date. Such offered prepayment shall be made at 100% of the aggregate Ratable Portion of the Notes held by each holder that has accepted such offer, together with interest on that portion of the Notes then being prepaid accrued to the Sale of Assets Prepayment Date but, in any case, without any Make-Whole Amount.
Appears in 10 contracts
Samples: Agreement (Hawaiian Electric Co Inc), Hawaiian Electric and Subsidiaries (Hawaiian Electric Co Inc), Agreement (Hawaiian Electric Co Inc)
Acceptance and Payment. A holder of Notes may accept or reject the offer to prepay the Ratable Portion of the Notes held by such holder made pursuant to this Section 8.8 8.2(a) by causing a notice of acceptance of such offered prepayment (specifying in such notice the amount of Notes with respect to which such acceptance or rejection applies) to be delivered to the Company at least five Business Days prior to the Sale of Assets Proposed Prepayment Date. A Date (it being understood that the failure by a holder of the Notes to respond to an such written offer of prepayment prior to prepay made pursuant to this Section 8.8 or to accept such offer with respect to all, but not less than all, of the Notes held by it Proposed Prepayment Date shall be deemed to constitute a rejection of such offer with respect to all Notes held by such holder). If so accepted, such offered prepayment of the Ratable Portion of the Notes of each holder that has accepted such offer shall be due and payable on the Sale of Assets Proposed Prepayment Date. Such offered prepayment shall be made at 100% of the aggregate Ratable Portion principal amount of the such Notes held by each holder that has accepted such offerso prepaid, together with plus interest on that portion of the all such Notes then being prepaid accrued to the Sale Proposed Prepayment Date. If the Company shall at any time receive an acceptance of Assets Prepayment Date butan offer to prepay Notes pursuant to this Section 8.2(b) from some, in any casebut not all of, without any Make-Whole Amountthe holders of the Notes, then the Company will, within two (2) Business Days after the receipt of such acceptance, give written notice of such acceptance to each other holder of the Notes.
Appears in 2 contracts
Samples: Note Purchase Agreement (CHS Inc), Master Note Purchase Agreement (CHS Inc)
Acceptance and Payment. A holder of Notes may accept or reject the offer to prepay the Ratable Portion of the Notes held by such holder made pursuant to this Section 8.8 8.2(b)(i) by causing a notice of acceptance of such offered prepayment (specifying in such notice the amount of Notes with respect to which such acceptance or rejection applies) to be delivered to the Company at least five Business Days prior to the Sale of Assets Proposed Prepayment Date. A Date (it being understood that the failure by a holder of the Notes to respond to an such written offer of prepayment prior to prepay made pursuant to this Section 8.8 or to accept such offer with respect to all, but not less than all, of the Notes held by it Proposed Prepayment Date shall be deemed to constitute a rejection of such offer with respect to all Notes held by such holder). If so accepted, such offered prepayment of the Ratable Portion of the Notes of each holder that has accepted such offer shall be due and payable on the Sale of Assets Proposed Prepayment Date. Such offered prepayment shall be made at 100% of the aggregate Ratable Portion principal amount of the such Notes held by each holder that has accepted such offerso prepaid, together with plus interest on that portion of the all such Notes then being prepaid accrued to the Sale Proposed Prepayment Date. If the Company shall at any time receive an acceptance of Assets Prepayment Date butan offer to prepay Notes pursuant to this Section 8.2(b)(ii) from some, in any casebut not all of, without any Make-Whole Amountthe holders of the Notes, then the Company will, within two (2) Business Days after the receipt of such acceptance, give written notice of such acceptance to each other holder of the Notes.
Appears in 2 contracts
Samples: Note Purchase Agreement _______________________________ (CHS Inc), Note Purchase Agreement (CHS Inc)
Acceptance and Payment. A holder of Notes may accept or reject the offer to prepay the Ratable Portion of the Notes held by such holder made pursuant to this Section 8.8 7.2(b)(i) by causing a notice of acceptance of such offered prepayment (specifying in such notice the amount of Notes with respect to which such acceptance or rejection applies) to be delivered to the Company at least five Business Days prior to the Sale of Assets Proposed Prepayment Date. A Date (it being understood that the failure by a holder of the Notes to respond to an such written offer of prepayment prior to prepay made pursuant to this Section 8.8 or to accept such offer with respect to all, but not less than all, of the Notes held by it Proposed Prepayment Date shall be deemed to constitute a rejection of such offer with respect to all Notes held by such holder). If so accepted, such offered prepayment of the Ratable Portion of the Notes of each holder that has accepted such offer shall be due and payable on the Sale of Assets Proposed Prepayment Date. Such offered prepayment shall be made at 100% of the aggregate Ratable Portion principal amount of the such Notes held by each holder that has accepted such offerso prepaid, together with plus interest on that portion of the all such Notes then being prepaid accrued to the Sale Proposed Prepayment Date. If the Company shall at any time receive an acceptance of Assets Prepayment Date butan offer to prepay Notes pursuant to this Section 7.2(b)(ii) from some, in any casebut not all of, without any Make-Whole Amountthe holders of the Notes, then the Company will, within two Business Days after the receipt of such acceptance, give written notice of such acceptance to each other holder of the Notes.
Appears in 1 contract
Samples: Private Shelf Agreement (CHS Inc)