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 the Indenture. To the extent the provisions of any securities laws or regulations conflict with the provisions in this Section 4.02(H) or any other provision of this Indenture, the Company will comply with the applicable securities laws and regulations and will not be deemed to have breached its obligations under this Section 4.02(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 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 the this Indenture. To ; provided, however, that, to the extent the provisions of that any securities laws or regulations enacted after the Issue Date conflict with the provisions in this Section 4.02(H) or any other provision of this Indenture4.02, the Company will comply with the applicable such securities laws and regulations and will not be deemed to have breached its obligations under this Section 4.02(H)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 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 the this Indenture. To ; provided, however, that, to the extent that the provisions of any securities laws or regulations 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 law or regulation that is applicable to the provisions in this Section 4.02(H) or any other provision of this IndentureCompany and enacted after the Issue Date, the Company will comply Company’s compliance with the applicable securities laws and regulations and such law or regulation will not be deemed considered to have breached its obligations under this Section 4.02(H).be a Default of 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 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 the this Indenture. To ; provided, however, that, to the extent that the provisions of any securities laws or regulations 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 law or regulation that is applicable to the provisions in this Section 4.02(H) or any other provision of this IndentureCompany and enacted after the Issue Date, the Company will comply Company’s compliance with the applicable securities laws and regulations and such law or regulation will not be deemed considered to have breached its obligations under this Section 4.02(H)be a Default of those obligations.
Appears in 3 contracts
Samples: Indenture (Getaround, Inc), Convertible Note Subscription Agreement (InterPrivate II Acquisition Corp.), Indenture (Vertical Aerospace Ltd.)
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 the this Indenture. To the extent that the provisions of any applicable federal or state securities laws or regulations conflict with the provisions in of this Section 4.02(H) or any other provision of this Indenture4.02, the Company will comply with the applicable securities laws and regulations and will not be deemed to have breached its obligations under this Section 4.02(H)4.02 by virtue of such compliance.
Appears in 2 contracts
Samples: Supplemental Indenture (Biora Therapeutics, Inc.), Supplemental Indenture (Biora Therapeutics, Inc.)