Acceptance; Rejection. A holder of Notes may accept or reject the offer to prepay all, but not less than all, of the Notes held by such holder made pursuant to this Section 8.7 by causing a notice of such acceptance or rejection to be delivered to the Company at least five Business Days prior to the Change in Control Proposed Prepayment Date. A failure by a holder of Notes to so respond to an offer to prepay made pursuant to this Section 8.7 or an attempt by such holder to accept the offer other than with respect to all Notes held by such holder shall be deemed to constitute a rejection of such offer by such holder.
Appears in 11 contracts
Samples: Agreement (Hawaiian Electric Co Inc), Agreement (Hawaiian Electric Co Inc), Hawaiian Electric and Subsidiaries (Hawaiian Electric Co Inc)
Acceptance; Rejection. A holder of Notes may accept or reject the offer to prepay all, but not less than all, of the Notes held by such holder made pursuant to this Section 8.7 by causing a notice of such acceptance or rejection to be delivered to the Company at least five 5 Business Days prior to the Change in Control Proposed Prepayment Date. A failure by a holder of Notes to so respond to an offer to prepay made pursuant to this Section 8.7 8.7, or an attempt by such holder to accept the an offer other than with respect as to all of the Notes held by such holder holder, in each case on or before the 5th Business Day preceding the Proposed Prepayment Date, shall be deemed to constitute a rejection of such offer by such holder.
Appears in 9 contracts
Samples: Note Purchase Agreement (Lincoln Electric Holdings Inc), Note Purchase Agreement (Lincoln Electric Holdings Inc), Note Purchase Agreement (Lincoln Electric Holdings Inc)
Acceptance; Rejection. A holder of Notes may accept or reject the offer to prepay all, but not less than all, of the Notes held by such holder made pursuant to this Section 8.7 by causing a notice of such acceptance or rejection to be delivered to the Company Issuer at least five ten Business Days prior to the Change in Control Proposed Prepayment Date. A failure by a holder of Notes to so respond to an offer to prepay made pursuant to this Section 8.7 8.7, or an attempt by such holder to accept the an offer other than with respect as to all of the Notes held by such holder the holder, in each case on or before the tenth Business Day preceding the Proposed Prepayment Date shall be deemed to constitute a rejection of such offer by such holder.
Appears in 6 contracts
Samples: Note Purchase Agreement (CoreSite Realty Corp), Note Purchase Agreement (CoreSite Realty Corp), Note Purchase Agreement (CoreSite Realty Corp)
Acceptance; Rejection. A holder of Notes may accept or reject the offer to prepay all, but not less than all, of the Notes held by such holder made pursuant to this Section 8.7 by causing a notice of such acceptance or rejection to be delivered to the Company at least five 5 Business Days prior to the Change in Control Proposed Prepayment Date. A failure by a holder of Notes to so respond to an offer to prepay made pursuant to this Section 8.7 8.7, or an attempt by such holder to accept the an offer other than with respect as to all of the Notes held by such holder the holder, in each case on or before the fifth (5th) Business Day preceding the Proposed Prepayment Date shall be deemed to constitute a rejection of such offer by such holder.
Appears in 5 contracts
Samples: Note Purchase and Guarantee Agreement (Chicago Bridge & Iron Co N V), Note Purchase and Guarantee Agreement (Chicago Bridge & Iron Co N V), Note Purchase and Guarantee Agreement (Chicago Bridge & Iron Co N V)
Acceptance; Rejection. A holder of Notes may accept or reject the an offer to prepay all, but not less than all, of the Notes held by made to such holder made pursuant to this Section 8.7 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 Change in Control Proposed Offer Prepayment Date. A failure by a holder of Notes to so respond to an offer to prepay made pursuant to this Section 8.7 or an attempt by such holder to accept the offer other than with respect to all Notes held by such holder shall be deemed to constitute a rejection an acceptance of such offer by such holder.
Appears in 3 contracts
Samples: Guaranty Agreement (Caseys General Stores Inc), Guaranty Agreement (Caseys General Stores Inc), Guaranty Agreement (Caseys General Stores Inc)
Acceptance; Rejection. A holder of Notes may accept or reject the offer to prepay all, but not less than all, of the Notes held by such holder made pursuant to this Section 8.7 8.3 by causing a notice of such acceptance or rejection to be delivered to the Company at least five Business Days prior on or before the date specified in an officer’s certificate pursuant to the Change in Control Proposed Prepayment Dateparagraph (g)(vii) of this Section 8.3. A failure by a holder of Notes to so respond to an offer to prepay made pursuant to this Section 8.7 8.3, or an attempt by such holder to accept the an offer other than with respect as to all of the Notes held by the holder, within such holder time period shall be deemed to constitute a rejection of such offer by such holder.
Appears in 3 contracts
Samples: Master Note Purchase Agreement (Polaris Industries Inc/Mn), Note Purchase Agreement (Tetra Technologies Inc), Note Purhase Agreement (Tetra Technologies Inc)
Acceptance; Rejection. A holder of Notes may accept or reject the offer to prepay all, but not less than all, of the Notes held by such holder made pursuant to this Section 8.7 8.8 by causing a notice of such acceptance or rejection to be delivered to the Company at least five 5 Business Days prior to the Change in Control Proposed Prepayment Date. A failure by a holder of Notes to so respond to an offer to prepay made pursuant to this Section 8.7 8.8, or an attempt by such holder to accept the an offer other than with respect as to all of the Notes held by such holder holder, in each case on or before the fifth (5th) Business Day preceding the Proposed Prepayment Date shall be deemed to constitute a rejection of such offer by such holder.
Appears in 2 contracts
Acceptance; Rejection. A holder of Notes may accept or reject the any offer to prepay all, but not less than all, of the Notes held by such holder made pursuant to this Section 8.7 8.4 by causing a notice of such acceptance or rejection to be delivered to the Company at least five Business Days prior on or before the date specified in an officer’s certificate pursuant to the Change in Control Proposed Prepayment Dateparagraph (e)(vii) of this Section 8.4. A failure by a holder of Notes to so (1) respond to an offer to prepay made pursuant to this Section 8.7 8.4 or an attempt by (2) accept such holder to accept the offer other than with respect to all Notes held by offer, in each case, within such holder time period shall be deemed to constitute a rejection of such offer in its totality by such holderholder of Notes. Any holder of Notes that accepts such offer shall be deemed to have agreed to the prepayment of Notes in accordance with the following paragraph (c).
Appears in 2 contracts
Samples: Note Purchase Agreement (Tetra Technologies Inc), Note Purchase Agreement (Tetra Technologies Inc)
Acceptance; Rejection. A holder of Notes may accept or reject the offer to prepay all, but not less than all, of the Notes held by such holder made pursuant to this Section 8.7 8.3 by causing a notice of such acceptance or rejection to be delivered to the Company at least five Business Days prior on or before the date specified in an officer’s certificate pursuant to the Change in Control Proposed Prepayment Dateparagraph (g)(viii) of this Section 8.3. A failure by a holder of Notes to so respond to an offer to prepay made pursuant to this Section 8.7 8.3, or an attempt by such holder to accept the an offer other than with respect as to all of the Notes held by the holder, within such holder time period shall be deemed to constitute a rejection of such offer by such holder.
Appears in 2 contracts
Samples: Note Purchase Agreement (Tetra Technologies Inc), Note Purchase Agreement (Tetra Technologies Inc)
Acceptance; Rejection. A holder of Notes may accept or reject the offer to prepay all, but not less than all, of the Notes held by such holder made pursuant to this Section 8.7 8.3 by causing a notice of such acceptance or rejection rejection, as the case may be, to be delivered to the Company at least five Business Days prior to on or before the Change date specified in Control Proposed Prepayment Datethe certificate described in subsection (f) of this Section 8.3. A failure by a holder of Notes to so respond to an offer to prepay made pursuant to this Section 8.7 8.3, or an attempt by such holder to accept the an offer other than with respect as to all of the Notes held by the holder on or before such holder specified date shall be deemed to constitute a rejection of such offer by such holder.
Appears in 2 contracts
Samples: Subsidiary Guaranty Agreement (Littelfuse Inc /De), Note Purchase Agreement (Littelfuse Inc /De)
Acceptance; Rejection. A holder of Notes may accept or reject the offer to prepay all, but not less than all, of the Notes held by such holder made pursuant to this Section 8.7 8.3 by causing a notice of such acceptance or rejection to be delivered to the Company at least five Business Days prior to on or before the Change date specified in Control Proposed Prepayment Datethe certificate described in paragraph (g) of this Section 8.3. A failure by a holder of Notes to so respond to an offer to prepay made pursuant to this Section 8.7 8.3, or to reject an attempt by such holder to accept the offer other than with respect as to all of the Notes held by the holder, within such holder time period shall be deemed to constitute a rejection acceptance of such offer by such holder.
Appears in 2 contracts
Samples: Guaranty (Hunt J B Transport Services Inc), Master Note Purchase Agreement (Hunt J B Transport Services Inc)
Acceptance; Rejection. A holder of Notes may accept or reject the any offer to prepay all, but not less than all, of the Notes held by such holder made pursuant to this Section 8.7 8.4 by causing a notice of such acceptance or rejection to be delivered to the Company and the Agent on or before the date specified by the Company. Any such offer shall provide each holder with sufficient information to enable it to make an informed decision with respect to such offer, and shall remain open for at least five 10 Business Days prior to the Change in Control Proposed Prepayment DateDays. A failure by a holder of Notes to so (1) respond to an offer to prepay made pursuant to this Section 8.7 8.4 or an attempt by (2) accept such holder to accept the offer other than with respect to all Notes held by offer, in each case, within such holder time period shall be deemed to constitute a rejection of such offer in its totality by such holderholder of Notes. Any holder of Notes that accepts such offer shall be deemed to have agreed to the prepayment of Notes in accordance with the following Section 8.4(c).
Appears in 1 contract
Acceptance; Rejection. A holder of Notes may accept or reject the offer to prepay all, but not less than all, of the Notes held by such holder made pursuant to this Section 8.7 3.01(c) by causing a notice of such acceptance or rejection to be delivered to the Company at least five Business Days prior to Issuer on or before the Change date specified in Control Proposed Prepayment Datethe certificate described in clause (iv) below. A failure by a holder of Notes to so respond to an offer to prepay made pursuant to this Section 8.7 3.01(c), or an attempt by such holder to accept the an offer other than with respect as to all of the Notes held by the holder, within such holder time period shall be deemed to constitute a rejection an acceptance of such offer by such holder.
Appears in 1 contract
Acceptance; Rejection. A holder of Notes may accept or reject the offer to prepay all, but not less than all, of the Notes held by such holder made pursuant to this Section 8.7 8.3 by causing a notice of such acceptance or rejection to be delivered to the Company at least five Business Days prior to on or before the Change date specified in Control Proposed Prepayment Datethe certificate described in paragraph (g) of this Section 8.3. A failure by a holder of Notes to so respond to an offer to prepay made pursuant to this Section 8.7 8.3, or an attempt by such holder to accept the an offer other than with respect as to all of the Notes held by the holder, within such holder time period shall be deemed to constitute a rejection of such offer by such holder.
Appears in 1 contract
Acceptance; Rejection. A holder of Notes may accept or reject the an offer to prepay all, but not less than all, of the Notes held by made to such holder made pursuant to this Section 8.7 by causing a notice of such acceptance or rejection to be delivered to the Company at least five Business Days Issuer prior to the Change in Control Proposed Offer Prepayment Date. A failure by a holder of Notes to so respond to an offer to prepay made pursuant to this Section 8.7 or an attempt by such holder to accept the offer other than with respect to all Notes held by such holder shall be deemed to constitute a rejection of such offer by such holder.
Appears in 1 contract
Acceptance; Rejection. A holder of Notes may accept or reject the an offer to prepay all, but not less than all, of the Notes held by made to such holder made pursuant to this Section SECTION 8.7 by causing a notice of such acceptance or rejection to be delivered to the Company at least five Business Days Issuer prior to the Change in Control Proposed Offer Prepayment Date. A failure by a holder of Notes to so respond to an offer to prepay made pursuant to this Section 8.7 or an attempt by such holder to accept the offer other than with respect to all Notes held by such holder shall be deemed to constitute a rejection of such offer by such holder.
Appears in 1 contract
Acceptance; Rejection. A holder of Notes may accept or reject the offer to prepay all, but not less than all, of the Notes held by such holder made pursuant to this Section 8.7 8.3 by causing a notice of such acceptance or rejection to be delivered to the Company at least five Business Days prior to on or before the Change date specified in Control Proposed Prepayment Datethe certificate described in paragraph (e) of this Section 8.3. A failure by a holder of Notes to so respond to an offer to prepay made pursuant to this Section 8.7 8.3, or an attempt by such holder to accept the an offer other than with respect as to all of the Notes held by the holder, within such holder time period shall be deemed to constitute a rejection acceptance of such offer by such holder.
Appears in 1 contract
Acceptance; Rejection. A holder of Notes may accept or reject the offer to prepay all, but not less than all, of the Notes held by such holder made pursuant to this Section 8.7 8.3 by causing a notice of such acceptance or rejection to be delivered to the Company at least five Business Days prior to on or before the Change date specified in Control Proposed Prepayment Datethe certificate described in paragraph (g) of this Section 8.3. A failure by a holder of Notes to so respond to an offer to prepay made pursuant to this Section 8.7 8.3, or to reject an attempt by such holder to accept the offer other than with respect as to all of the Notes held by the holder, within such holder time period shall be deemed to constitute a rejection acceptance of such offer by such holder.
Appears in 1 contract
Samples: Note Purchase Agreement (Pool Corp)
Acceptance; Rejection. A holder of Notes may accept or reject the offer to prepay all, but not less than all, of the Notes held by such holder made pursuant to this Section 8.7 by causing a notice of such acceptance or rejection to be delivered to the Company at least five ten Business Days prior to the Change in Control Proposed Prepayment Date. A failure by a holder of Notes to so respond to an offer to prepay made pursuant to this Section 8.7 or an attempt by such holder to accept the an offer other than with respect as to all of the Notes held by such holder the holder, in each case on or before the tenth Business Day preceding the Proposed Prepayment Date shall be deemed to constitute a rejection of such offer by such holder.
Appears in 1 contract
Acceptance; Rejection. A holder of Notes may accept or reject the offer to prepay all, but not less than all, of the Notes held by such holder made pursuant to this Section 8.7 8.3 by causing a notice of such acceptance or rejection to be delivered to the Company at least five Business Days prior to on or before the Change date specified in Control Proposed Prepayment Datethe certificate described in paragraph (e)(vii) of this Section 8.3. A failure by a holder of Notes to so respond to an offer to prepay made pursuant to this Section 8.7 8.3, or an attempt by such holder to accept the an offer other than with respect as to all of the Notes held by the holder, within such holder time period shall be deemed to constitute a rejection of such offer by such holder.
Appears in 1 contract
Samples: Master Note Purchase Agreement (Ultra Petroleum Corp)