Compliance with Applicable Securities Laws. To the extent applicable, the Company will comply with all federal and state securities laws in connection with a Repurchase Upon Fundamental Change (including complying with Rules 13e-4 and 14e-1 under the Exchange Act and filing any required Schedule TO, to the extent applicable) so as to permit effecting such Repurchase Upon Fundamental Change in the manner set forth in this Indenture; provided, however, that, to the extent that any securities laws or regulations enacted after the Issue Date conflict with the Section 4.02, the Company will comply with such securities laws and regulations and will not be deemed to have breached its obligations under this Section 4.02 by virtue of such conflict.
Appears in 4 contracts
Samples: Indenture (Maxeon Solar Technologies, Ltd.), Indenture (Maxeon Solar Technologies, Ltd.), Supplemental Indenture (Maxeon Rooster HoldCo, Ltd.)
Compliance with Applicable Securities Laws. To the extent applicable, the Company will comply comply, in all material respects, with all federal and state securities laws in connection with a Repurchase Upon Fundamental Change (including complying with Rules 13e-4 and 14e-1 under the Exchange Act and filing any required Schedule TO, to the extent applicable) so as to permit effecting such Repurchase Upon Fundamental Change in the manner set forth in this Indenture; provided, however, that, to the extent that the Company’s obligations to offer to repurchase and to repurchase Notes pursuant to this Section 4.02 conflict with any securities laws law or regulations regulation that is applicable to the Company and enacted after the Issue Date conflict with the Section 4.02Date, the Company will comply Company’s compliance with such securities laws and regulations and law or regulation will not be deemed considered to have breached its obligations under this Section 4.02 by virtue be a Default of such conflictobligations.
Appears in 4 contracts
Samples: Indenture (Peloton Interactive, Inc.), Indenture (Cardlytics, Inc.), Indenture (Mirum Pharmaceuticals, Inc.)
Compliance with Applicable Securities Laws. To the extent applicable, the Company will comply with all federal and state securities laws in connection with a Repurchase Upon Fundamental Change (including complying with Rules 13e-4 and 14e-1 under the Exchange Act and filing any required Schedule TO, to the extent applicable) so as to permit effecting such Repurchase Upon Fundamental Change in the manner set forth in this the Indenture; provided, however, that, to . To the extent that the provisions of any securities laws or regulations enacted after the Issue Date conflict with the provisions in this Section 4.024.02(H) or any other provision of this Indenture, the Company will comply with such the applicable securities laws and regulations and will not be deemed to have breached its obligations under this Section 4.02 by virtue of such conflict4.02(H).
Appears in 4 contracts
Samples: Supplemental Indenture (Tellurian Inc. /De/), Supplemental Indenture (Tellurian Inc. /De/), Securities Purchase Agreement (Tellurian Inc. /De/)
Compliance with Applicable Securities Laws. To the extent applicable, the Company will comply in all material respects with all federal and state securities laws in connection with a Repurchase Upon Fundamental Change (including complying with Rules 13e-4 and 14e-1 under the Exchange Act and filing any required Schedule TO, to the extent applicable) so as to permit effecting such Repurchase Upon Fundamental Change in the manner set forth in this Indenture; provided, however, that, to the extent that the Company’s obligations to offer to repurchase and to repurchase Notes pursuant to this Section 4.02 conflict with any federal and/or state securities laws law or regulations regulation that is applicable to the Company and enacted after the Issue Date conflict with the Section 4.02Date, the Company will comply Company’s compliance with such securities laws and regulations and law or regulation will not be deemed considered to have breached its obligations under this Section 4.02 by virtue be a Default of such conflict.those obligations
Appears in 3 contracts
Samples: Indenture (Starry Holdings, Inc.), Convertible Note Subscription Agreement (Starry Holdings, Inc.), Indenture (Shift Technologies, Inc.)
Compliance with Applicable Securities Laws. To the extent applicable, the Company will comply with all federal and state securities laws in connection with a Repurchase Upon Fundamental Change (including complying with Rules 13e-4 and 14e-1 under the Exchange Act and filing any required Schedule TO, to the extent applicable) so as to permit effecting such Repurchase Upon Fundamental Change in the manner set forth in this Indenture; provided, however, that, to . To the extent that the provisions of any applicable federal or state securities laws or regulations enacted after the Issue Date conflict with the provisions of this Section 4.02, the Company will comply with such the applicable securities laws and regulations and will not be deemed to have breached its obligations under this Section 4.02 by virtue of such conflictcompliance.
Appears in 2 contracts
Samples: Supplemental Indenture (Biora Therapeutics, Inc.), Supplemental Indenture (Biora Therapeutics, Inc.)
Compliance with Applicable Securities Laws. To the extent applicable, the Company will comply with all federal and state securities laws in connection with a Repurchase Upon Fundamental Change (including complying with Rules 13e-4 and 14e-1 under the Exchange Act and filing any required Schedule TO, to the extent applicable) so as to permit effecting such Repurchase Upon Fundamental Change in the manner set forth in this Indenture; provided, however, that, to the extent that any securities laws law or regulations enacted after the Issue Date conflict with the Company’s obligations pursuant to this Section 4.02, the Company will comply Company’s compliance with such securities laws and regulations and law or regulation will not be deemed considered to have breached its be a Default of such obligations under this Section 4.02 by virtue of such conflict.. (J)
Appears in 1 contract
Samples: Peabody Energy Corp
Compliance with Applicable Securities Laws. To the extent applicable, the Company will comply with all federal and state securities laws in connection with a Repurchase Upon Fundamental Change (including complying with Rules 13e-4 and 14e-1 under the Exchange Act and filing any required Schedule TO, to the extent applicable) so as to permit effecting such Repurchase Upon Fundamental Change in the manner set forth in this Indenture; provided, however, that, to the extent that any securities laws or regulations enacted after the Issue Date Company’s obligations pursuant to this Section 4.02 conflict with any law or regulation that is applicable to the Section 4.02Company, the Company will comply Company’s compliance with such securities laws and regulations and law or regulation will not be deemed considered to have breached its obligations under this Section 4.02 by virtue be a default of such conflictobligations.
Appears in 1 contract
Samples: Indenture (Bloomin' Brands, Inc.)