Conversion Arrangement on Call for Redemption. In connection with any redemption of Securities, the Company may arrange for the purchase and conversion of any Securities by an agreement with one or more investment bankers or other purchaser to purchase such Securities by paying to the Trustee in trust for the Holders, on or before the Redemption Date, an amount not less than the applicable Redemption Price of such Securities, together with interest accrued to the Redemption Date. Notwithstanding anything to the contrary contained in this Article 3, the obligation of the Company to pay the Redemption Price of such Securities, together with interest accrued to, but excluding, the Redemption Date shall be deemed to be satisfied and discharged to the extent such amount is so paid by such purchaser. If such an agreement is entered into, a copy of which shall be filed with the Trustee prior to the Redemption Date, any Securities not duly surrendered for conversion by the Holders thereof, may, at the option of the Company, be deemed, to the fullest extent permitted by law, acquired by such purchaser from such Holders and (notwithstanding anything to the contrary contained in Article 4) surrendered by such purchaser for conversion, all as of immediately prior to the close of business on the Redemption Date (and the right to convert any such Securities shall be deemed to have been extended through such time), subject to payment of
Appears in 1 contract
Samples: Indenture (Waste Connections Inc/De)
Conversion Arrangement on Call for Redemption. In connection with any redemption of SecuritiesConvertible Subordinated Notes, the Company may arrange for the purchase and conversion of any Securities Convertible Subordinated Notes by an agreement arrangement with one or more investment bankers or other purchaser purchasers to purchase such Securities Convertible Subordinated Notes by paying to the Trustee in trust for the Holdersholders, on or before the Redemption Datedate fixed for redemption, an amount not less than the applicable Redemption Price of such Securitiesredemption price, together with interest accrued to the Redemption Datedate fixed for redemption, of such Convertible Subordinated Notes. Notwithstanding anything to the contrary contained in this Article 3, the obligation of the Company to pay the Redemption Price redemption price of such SecuritiesConvertible Subordinated Notes, together with interest accrued toto the date fixed for redemption, but excluding, the Redemption Date shall be deemed to be satisfied and discharged to the extent such amount is so paid by such purchaserthe purchasers. If such an agreement is entered into, a copy of which shall will be filed with the Trustee prior to the Redemption Datedate fixed for redemption, any Securities Convertible Subordinated Notes not duly surrendered for conversion by the Holders thereof, holders thereof may, at the option of the Company, be deemed, to the fullest extent permitted by law, acquired by such purchaser purchasers from such Holders holders and (notwithstanding anything to the contrary contained in Article 412) surrendered by such purchaser purchasers for conversion, all as of immediately prior to the close of business on the Redemption Date date fixed for redemption (and the right to convert any such Securities Convertible Subordinated Notes shall be deemed to have been extended through such time), subject to payment ofof the above
Appears in 1 contract
Samples: Indenture (Amkor Technology Inc)
Conversion Arrangement on Call for Redemption. In connection with any redemption of SecuritiesNotes, the Company Issuer may arrange for the purchase and conversion of any Securities Notes by an agreement with one or more investment bankers or other purchaser purchasers to purchase such Securities Notes by paying to the Trustee in trust for the HoldersNoteholders, on or before the Redemption Datedate fixed for redemption, an amount not less than the applicable Redemption Price of such Securitiesredemption price, together with interest accrued to (but excluding) the Redemption Datedate fixed for redemption, of such Notes. Notwithstanding anything to the contrary contained in this Article 3Three, the obligation of the Company Issuer to pay the Redemption Price redemption price of such SecuritiesNotes, together with interest accrued to, to (but excluding) the date fixed for redemption, the Redemption Date shall be deemed to be satisfied and discharged to the extent such amount is so paid by such purchaserpurchasers. If such an agreement is entered into, a copy of which shall will be filed with the Trustee prior to the Redemption Datedate fixed for redemption, any Securities Notes not duly surrendered for conversion by the Holders thereof, thereof may, at the option of the CompanyIssuer, be deemed, to the fullest extent permitted by law, acquired by such purchaser purchasers from such Holders and (notwithstanding anything to the contrary contained in Article 4Four) surrendered by such purchaser purchasers for conversion, all as of immediately prior to the close of business on the Redemption Date (and the right to convert any such Securities shall be deemed to have been extended through such time), subject to payment ofas
Appears in 1 contract
Samples: Supplemental Indenture (Protection One Alarm Monitoring Inc)
Conversion Arrangement on Call for Redemption. In connection with any redemption of SecuritiesNotes, the Company may arrange for the purchase and conversion of any Securities Notes not converted prior to the expiration of such conversion right by an agreement with one or more investment bankers or other purchaser purchasers to purchase such Securities Notes by paying to the Trustee in trust for the HoldersNoteholders, on or before the Redemption Datedate fixed for redemption, an amount not less than the applicable Redemption Price of such Securitiesredemption price, together with interest accrued to the Redemption Datedate fixed for redemption, of such Notes. Notwithstanding anything to the contrary contained in this Article 3III, the obligation of the Company to pay the Redemption Price redemption price of such SecuritiesNotes, together with interest accrued to, but excluding, the Redemption Date date fixed for redemption, shall be deemed to be satisfied and discharged to the extent such amount is so paid by such purchaserpurchasers. If such an agreement is entered into, a copy of which shall which, certified as true and correct by the Secretary or Assistant Secretary of the Company will be filed with the Trustee prior to the Redemption Datedate fixed for redemption, any Securities Notes not duly surrendered for conversion by the Holders thereof, holders thereof may, at the option of the Company, be deemed, to the fullest extent permitted by law, acquired by such purchaser purchasers from such Holders holders and (notwithstanding anything to the contrary contained in Article 4XV) surrendered by such purchaser purchasers for conversion, all as of immediately prior to the close of business on the Redemption Date date fixed for redemption (and the right to convert any such Securities Notes shall be deemed to have been extended through such time), subject to payment ofof the above amount as
Appears in 1 contract
Samples: Indenture (Sepracor Inc /De/)
Conversion Arrangement on Call for Redemption. In connection with any redemption of SecuritiesNotes, the Company may arrange for the purchase and conversion of any Securities Notes by an agreement with one or more investment bankers banks or other purchaser purchasers to purchase such Securities Notes by paying to the Trustee in trust for the HoldersNoteholders, on or before the Redemption Datedate fixed for redemption, an amount not less than the applicable Redemption Price redemption price of such Securities, together with interest accrued to the Redemption DateNotes. Notwithstanding anything to the contrary contained in this Article 3, the obligation of the Company to pay the Redemption Price redemption price of such Securities, together with interest accrued to, but excluding, the Redemption Date Notes shall be deemed to be satisfied and discharged to the extent such amount is so paid by such purchaserpurchasers. If such an agreement is entered into, a copy of which shall will be filed with the Trustee prior to the Redemption Datedate fixed for redemption, any Securities Notes not duly surrendered for conversion by the Holders thereof, holders thereof may, at the option of the Company, be deemed, to the fullest extent permitted by law, acquired by such purchaser purchasers from such Holders holders and (notwithstanding anything to the contrary contained in Article 415) surrendered by such purchaser purchasers for conversion, all as of immediately prior to the close of business on the Redemption Date date fixed for redemption (and the right to convert any such Securities Notes shall be deemed to have been extended through such time), subject to payment ofof the above amount as aforesaid. At the direction of the Company, the Trustee shall hold and dispose of any such amount paid to it in the same manner as it would monies deposited with it by the Company for the redemption of Notes. Without the Trustee’s prior written consent, no arrangement between the Company and such purchasers for the purchase and conversion of any Notes shall increase or otherwise affect any of the powers, duties, responsibilities or obligations of the Trustee as set forth in this Indenture.
Appears in 1 contract
Samples: Indenture (On Semiconductor Corp)
Conversion Arrangement on Call for Redemption. In connection with any redemption of Securities, the Company Issuer shall deposit the amount due in connection with such redemption as required by Section 11.02 or it may arrange for the purchase and conversion of any Securities called for redemption by an agreement with one or more investment bankers or other purchaser purchasers to purchase such Securities and to make the deposit required of it by Section 11.02 on its behalf by paying to the Trustee or the Paying Agent in trust for the HoldersSecurityholders, on or before 10:00 a.m. New York time on the Redemption Dateredemption date, an amount not no less than the applicable Redemption Price redemption price, together with interest, if any, accrued to the redemption date of such Securities, together with interest accrued to the Redemption Datein immediately available funds. Notwithstanding anything anytime to the contrary contained in this Article 311, the obligation of the Company Issuer to pay the Redemption Price redemption price of such Securities, together with interest including all accrued tointerest, but excludingif any, the Redemption Date shall be deemed to be satisfied and discharged to the extent such amount is so paid by such purchaserpurchasers. If such an agreement is entered into, a copy of which shall be filed with the Trustee prior to the Redemption Date, any Securities not duly surrendered for conversion by the Holders thereof, holders thereof may, at the option of the CompanyIssuer, be deemed, to the fullest extent permitted by law, acquired by such purchaser purchasers from such Holders and (notwithstanding anything to the contrary contained in Article 4) surrendered by such purchaser for conversion, all as of immediately prior to the close of business on the Redemption Date (and the right to convert any such Securities shall be deemed to have been extended through such time), subject to payment ofsuch
Appears in 1 contract
Samples: Indenture (Planetout Inc)
Conversion Arrangement on Call for Redemption. In connection with any redemption of SecuritiesNotes, the Company may arrange for the purchase and conversion of any Securities Notes not converted prior to the expiration of such conversion right by an agreement with one or more investment bankers or other purchaser purchasers to purchase such Securities Notes by paying to the Trustee in trust for the HoldersNoteholders, on or before the Redemption Datedate fixed for redemption, an amount not less than the applicable Redemption Price of such Securities, together with redemption price and interest accrued to the Redemption Datedate fixed for redemption, of such Notes. Notwithstanding anything to the contrary contained in this Article 3III, the obligation of the Company to pay the Redemption Price redemption price of such Securities, together with Notes and interest accrued to, but excluding, the Redemption Date date fixed for redemption, shall be deemed to be satisfied and discharged to the extent such amount is so paid by such purchaserpurchasers to such Noteholders. If such an agreement is entered into, a copy of which shall which, certified as true and correct by the Secretary or Assistant Secretary of the Company will be filed with the Trustee prior to the Redemption Datedate fixed for redemption, any Securities Notes not duly surrendered for conversion by the Holders thereof, holders thereof may, at the option of the Company, be deemed, to the fullest extent permitted by law, acquired by such purchaser purchasers from such Holders holders and (notwithstanding anything to the contrary contained in Article 4) surrendered by such purchaser for conversion, all as of immediately prior to the close of business on the Redemption Date (and the right to convert any such Securities shall be deemed to have been extended through such time), subject to payment ofin
Appears in 1 contract
Samples: Indenture (Dave & Busters Inc)
Conversion Arrangement on Call for Redemption. In connection with any redemption of SecuritiesNotes, the Company may arrange for the purchase and conversion of any Securities Notes by an agreement with one or more investment bankers banks or other purchaser purchasers to purchase such Securities Notes by paying to the Trustee in trust for the HoldersNoteholders, on or before the Redemption Date, an amount not less than the applicable Redemption Price of such Securities, together with interest accrued to the Redemption DateNotes. Notwithstanding anything to the contrary contained in this Article 3, the obligation of the Company to pay the Redemption Price of such Securities, together with interest accrued to, but excluding, the Redemption Date Notes shall be deemed to be satisfied and discharged to the extent such amount is so paid by such purchaserpurchasers. If such an agreement is entered into, a copy of which shall will be filed with the Trustee prior to the Redemption Date, any Securities Notes not duly surrendered for conversion by the Holders thereof, holders thereof may, at the option of the Company, be deemed, to the fullest extent permitted by law, acquired by such purchaser purchasers from such Holders holders and (notwithstanding anything to the contrary contained in Article 415) surrendered by such purchaser purchasers for conversion, all as of immediately prior to the close of business on the Redemption Date (and the right to convert any such Securities Notes shall be deemed to have been extended through such time), subject to payment ofof the above amount as aforesaid. At the written direction of the Company, the Trustee shall hold and dispose of any such amount paid to it in the same manner as it would monies deposited with it by the Company for the redemption of Notes. Without the Trustee's prior written consent, no arrangement between the Company and such purchasers for the purchase and conversion of any Notes shall increase or otherwise affect any of the powers, duties, responsibilities, obligations, liabilities or immunities of the Trustee as set forth in this Indenture.
Appears in 1 contract
Conversion Arrangement on Call for Redemption. In connection with any redemption of SecuritiesNotes, the Company may arrange for the purchase and conversion of any Securities Notes by an agreement with one or more investment bankers banks or other purchaser purchasers to purchase such Securities Notes by paying to the Trustee in trust for the HoldersNoteholders, on or before the Redemption Date, an amount not less than the applicable Redemption Price of such Securities, together with interest accrued to the Redemption DateNotes. Notwithstanding anything to the contrary contained in this Article 3, the obligation of the Company to pay the Redemption Price of such Securities, together with interest accrued to, but excluding, the Redemption Date Notes shall be deemed to be satisfied and discharged to the extent such amount is so paid by such purchaserpurchasers. If such an agreement is entered into, a copy of which shall will be filed with the Trustee prior to the Redemption Date, any Securities Notes not duly surrendered for conversion by the Holders thereof, holders thereof may, at the option of the Company, be deemed, to the fullest extent permitted by law, acquired by such purchaser purchasers from such Holders holders and (notwithstanding anything to the contrary contained in Article 414) surrendered by such purchaser purchasers for conversion, all as of immediately prior to the close of business on the Redemption Date (and the right to convert any such Securities Notes shall be deemed to have been extended through such time), subject to payment ofof the above amount as aforesaid. At the direction of the Company, the Trustee shall hold and dispose of any such amount paid to it in the same manner as it would monies deposited with it by the Company for the redemption of Notes. Without the Trustee's prior written consent, no arrangement between the Company and such purchasers for the purchase and conversion of any Notes shall increase or otherwise affect any of the powers, duties, responsibilities, obligations, liabilities or immunities of the Trustee as set forth in this Indenture.
Appears in 1 contract
Samples: Indenture (Town & Country Trust)
Conversion Arrangement on Call for Redemption. In connection with any redemption of SecuritiesNotes, the Company may arrange for the purchase and conversion of any Securities Notes by an agreement with one or more investment bankers or other purchaser purchasers to purchase such Securities Notes by paying to the Trustee in trust for the HoldersNoteholders, on or before the Redemption Datedate fixed for redemption, an amount not less than the applicable Redemption Price of such Securitiesredemption price, together with interest accrued to (but excluding) the Redemption Datedate fixed for redemption, of such Notes. Notwithstanding anything to the contrary contained in this Article 3Three, the obligation of the Company to pay the Redemption Price redemption price of such SecuritiesNotes, together with interest accrued to, to (but excluding) the date fixed for redemption, the Redemption Date shall be deemed to be satisfied and discharged to the extent such amount is so paid by such purchaserpurchasers. If such an agreement is entered into, a copy of which shall will be filed with the Trustee prior to the Redemption Datedate fixed for redemption, any Securities Notes not duly surrendered for conversion by the Holders thereof, holders thereof may, at the option of the Company, be deemed, to the fullest extent permitted by law, acquired by such purchaser purchasers from such Holders holders and (notwithstanding anything to the contrary contained in Article 4) surrendered by such purchaser for conversion, all as of immediately prior to the close of business on the Redemption Date (and the right to convert any such Securities shall be deemed to have been extended through such time), subject to payment ofanything
Appears in 1 contract
Samples: Indenture (Getty Images Inc)