Condition to Company Action. Neither the Parent Guarantor nor the Company will take any action that consummates or finalizes a Change in Control unless (i) at least 30 days prior to such action they shall have given to each holder of Notes written notice containing and constituting an offer to prepay Notes as described in subparagraph (c) of this Section 8.3, accompanied by the certificate described in subparagraph (g) of this Section 8.3, and (ii) contemporaneously with such action, the Company prepays all Notes required to be prepaid in accordance with this Section 8.3.
Appears in 4 contracts
Samples: Note Purchase Agreement (Essex Property Trust Inc), Note Purchase Agreement (Mid America Apartment Communities Inc), Note Purchase Agreement (Essex Property Trust Inc)
Condition to Company Action. Neither the The Parent Guarantor nor the Company will not take any action that consummates or finalizes a Change in of Control unless (i1) at least 30 days prior to such action they the Issuer shall have given to each holder of Notes written notice containing and constituting an offer to prepay Notes as described in subparagraph (c) of this Section 8.38.7(c), accompanied by the certificate described in subparagraph (g) of this Section 8.38.7(g), and (ii2) contemporaneously with such action, the Company Issuer prepays all Notes required to be prepaid in accordance with this Section 8.38.7.
Appears in 3 contracts
Samples: Note and Guaranty Agreement (Americold Realty Trust), Note and Guaranty Agreement (Americold Realty Trust), Note and Guaranty Agreement (Americold Realty Trust)
Condition to Company Action. Neither the Parent Guarantor Company nor the Company will take any action that consummates or finalizes a Change in Control unless (i) at least 30 days prior to such action they it shall have given to each holder of Notes written notice containing and constituting an offer to prepay Notes as described in subparagraph (c) of this Section 8.3, accompanied by the certificate described in subparagraph (g) of this Section 8.3, and (ii) contemporaneously with such action, the Company it prepays all Notes required to be prepaid in accordance with this Section 8.3.
Appears in 1 contract
Samples: Note Purchase Agreement (Penn Virginia Resource Partners L P)
Condition to Company Action. Neither the Parent Guarantor nor the Company will take any action that consummates or finalizes a Change in of Control unless (i) at least 30 days prior to such action they it shall have given to each holder of Subordinated Notes written notice containing and constituting an offer to prepay Subordinated Notes as described in subparagraph (cParagraph 4E(3) of this Section 8.3below, accompanied by the certificate described in subparagraph (gParagraph 4E(7) of this Section 8.3below, and (ii) contemporaneously with such action, the Company prepays all Subordinated Notes required to be prepaid in accordance with this Section 8.3.Paragraph 4E.
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Condition to Company Action. Neither the Parent Guarantor nor the Company will take any action that consummates or finalizes a Change in Control unless (i) at least 30 days prior to such action they it shall have given to each holder of Notes written notice containing and constituting an offer to prepay Notes as described in subparagraph clause (c) of this Section 8.34.6, accompanied by the certificate described in subparagraph clause (g) of this Section 8.34.6, and (ii) contemporaneously with such action, the Company it prepays all Notes required to be prepaid in accordance with this Section 8.34.6.
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