Common use of Deemed Withdrawals Clause in Contracts

Deemed Withdrawals. If, on any Fundamental Change Repurchase Date, (i) a Fundamental Change Repurchase Notice for a Note has been validly tendered in accordance with Section 8.03 hereof and has not been validly withdrawn in accordance with Section 8.03 hereof, and (ii) pursuant to this Section 8.09, the Issuer is not permitted to purchase Notes, the Paying Agent will deem such Fundamental Change Repurchase Notice withdrawn.

Appears in 5 contracts

Samples: Indenture (Atlas Corp.), Indenture (Jazz Pharmaceuticals PLC), Indenture (Jazz Pharmaceuticals PLC)

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Deemed Withdrawals. If, on any Fundamental Change Repurchase Date, (i) a Fundamental Change Repurchase Notice for a Note has been validly tendered in accordance with Section 8.03 3.03 hereof and has not been validly withdrawn in accordance with Section 8.03 3.04 hereof, and (ii) pursuant to this Section 8.093.09, the Issuer Company is not permitted to purchase Notes, the Paying Agent Agent, upon receipt of written notice from the Company stating that the Company, pursuant to this Section 3.09, is not permitted to purchase Notes, will deem such Fundamental Change Repurchase Notice withdrawn.

Appears in 5 contracts

Samples: First Supplemental Indenture (Par Technology Corp), Indenture (Par Technology Corp), Indenture (Par Technology Corp)

Deemed Withdrawals. If, on any Fundamental Change Repurchase Date, (i) a Fundamental Change Repurchase Notice for a Note has been validly tendered in accordance with Section 8.03 3.03 hereof and has not been validly withdrawn in accordance with Section 8.03 3.04 hereof, and (ii) pursuant to this Section 8.093.09(a), the Issuer Company is not permitted to purchase Notes, the Paying Agent Agent, upon receipt of written notice from the Company stating that the Company, pursuant to Section 3.09(a), is not permitted to purchase Notes, will deem such Fundamental Change Repurchase Notice withdrawn.

Appears in 1 contract

Samples: Second Supplemental Indenture (Vector Group LTD)

Deemed Withdrawals. If, on any Fundamental Change Repurchase Date, (i) a Fundamental Change Repurchase Notice for a Note has been validly tendered in accordance with Section 8.03 ‎Section 3.03 hereof and has not been validly withdrawn in accordance with Section 8.03 ‎Section 3.04 hereof, and (ii) pursuant to this Section 8.09‎Section 3.09, the Issuer Company is not permitted to purchase Notes, the Paying Agent Agent, upon receipt of written notice from the Company stating that the Company, pursuant to this ‎Section 3.09, is not permitted to purchase Notes, will deem such Fundamental Change Repurchase Notice withdrawn.

Appears in 1 contract

Samples: Indenture (GAIN Capital Holdings, Inc.)

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Deemed Withdrawals. If, on any Fundamental Change Repurchase Date, (i) a Fundamental Change Repurchase Notice for a Note has been validly tendered in accordance with Section 8.03 3.03 hereof and has not been validly withdrawn in accordance with Section 8.03 3.04 hereof, and (ii) pursuant to this Section 8.093.09, the Issuer Company is not permitted to purchase Notes, the Paying Agent Agent, upon receipt of written notice from the Company stating that the Company, pursuant to this Section 3.09, is not permitted to purchase Notes, will deem such Fundamental Change Repurchase Notice to be withdrawn.

Appears in 1 contract

Samples: Indenture (Layne Christensen Co)

Deemed Withdrawals. If, on any Fundamental Change Repurchase Date, (i) a Fundamental Change Repurchase Notice for a Note has been validly tendered in accordance with Section 8.03 11.03 hereof and has not been validly withdrawn in accordance with Section 8.03 11.04 hereof, and (ii) pursuant to this Section 8.0911.09(a), the Issuer Company is not permitted to purchase Notes, the Paying Agent Agent, upon receipt of written notice from the Company stating that the Company, pursuant to Section 11.09(a), is not permitted to purchase Notes, will deem such Fundamental Change Repurchase Notice withdrawn.

Appears in 1 contract

Samples: First Supplemental Indenture (Vantage Drilling CO)

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