Common use of Deferral Pending Designated Event Clause in Contracts

Deferral Pending Designated Event. The obligation of the Company to prepay Notes pursuant to the offers required by Section 8.3(c) and accepted in accordance with Section 8.3(d) is subject to the occurrence of the Designated Event in respect of which such offers and acceptances shall have been made. In the event that such Designated Event has not occurred on the Proposed Prepayment Date in respect thereof, the prepayment shall be deferred until, and shall be made on, the date on which such Designated Event occurs. The Company shall keep each holder of Notes reasonably and timely informed of (i) any such deferral of the date of prepayment, (ii) the date on which such Designated Event and the prepayment are expected to occur, and (iii) any determination by the Company that efforts to effect such Designated Event have ceased or been abandoned (in which case the offers and acceptances made pursuant to this Section 8.3 in respect of such Designated Event shall be deemed rescinded).

Appears in 5 contracts

Samples: Note Purchase Agreement (ENERPLUS Corp), Note Purchase Agreement (ENERPLUS Corp), Note Purchase Agreement (Enerplus Resources Fund)

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