Common use of Deposit of Change of Control Purchase Price Clause in Contracts

Deposit of Change of Control Purchase Price. On or before 11:00 a.m., New York City time on the Change of Control Purchase Date, the Company shall deposit with the Trustee or with a Paying Agent (other than the Company or an Affiliate of the Company) an amount of money (in immediately available funds if deposited on such Change of Control Purchase Date) sufficient to pay the aggregate Change of Control Purchase Price of all the Notes or portions thereof that are to be purchased as of such Change of Control Purchase Date. The manner in which the deposit required by this Section 3.10 is made by the Company shall be at the option of the Company, provided that such deposit shall be made in a manner such that the Trustee or a Paying Agent shall have immediately available funds on the Change of Control Purchase Date. If a Paying Agent holds, in accordance with the terms hereof, money sufficient to pay the Change of Control Purchase Price of any Note for which a Change of Control Purchase Notice has been tendered and not withdrawn in accordance with this Indenture then, on the Change of Control Purchase Date, interest will cease to accrue on such Notes or any portion of such Notes as to which a Change of Control Purchase Notice has been tendered and not withdrawn in accordance with this Indenture and all other rights of the Holder of such Notes will terminate other than the right to receive the Change of Control Purchase Price, without interest from the Change of Control Purchase Date, on surrender of such Notes.

Appears in 3 contracts

Samples: Bausch Health Companies (Bausch Health Companies Inc.), Indenture (Bausch Health Companies Inc.), Valeant Pharmaceuticals International, Inc.

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Deposit of Change of Control Purchase Price. On or before Prior to 11:00 a.m., a.m. (local time in the City of New York City time York) on the Business Day following the Change of Control Purchase Date, the Company shall deposit with the Trustee or with a the Paying Agent (other than or, if the Company or a Subsidiary or an Affiliate of either of them is acting as the CompanyPaying Agent, shall segregate and hold in trust as provided in Section 2.04) an amount of money cash (in immediately available funds if deposited on such Change of Control Purchase DateBusiness Day) or Applicable Stock, if permitted hereunder, sufficient to pay the aggregate Change of Control Purchase Price of all the Notes Securities or portions thereof that are to be purchased as of such Change of Control Purchase Date. The manner in which the deposit required by this Section 3.10 is made by the Company shall be at the option of the Company, provided that such deposit shall be made in a manner such that the Trustee or a Paying Agent shall have immediately available funds on the Change of Control Purchase Date. Upon such deposit, Securities being purchased shall cease to be outstanding and shall no longer accrue interest or Liquidated Damages, if any, and the Holders thereof shall only be entitled to receive the Change of Control Purchase Price with respect to such Securities. Upon surrender to the Paying Agent, such Securities shall be paid at the Change of Control Purchase Price. If a Paying Agent holds, in accordance with the terms hereof, money sufficient Company has elected to pay the Change of Control Purchase Price of any Note for which a in Applicable Stock, as soon as practicable after the Change of Control Purchase Notice has been tendered Date the Company shall deliver to each Holder entitled to receive shares of Applicable Stock through the Paying Agent, a certificate for the number of full shares of Applicable Stock issuable in payment of the Change of Control Purchase Price and not withdrawn cash in accordance with this Indenture then, lieu of any fractional interests. The person in whose name the certificate for the shares of Applicable Stock is registered shall be treated as a holder of record of Applicable Stock on the Business Day following the Change of Control Purchase Date, interest . No payment or adjustment will cease be made for dividends on the shares of Applicable Stock the record date for which occurred on or prior to accrue on such Notes or any portion of such Notes as to which a Change of Control Purchase Notice has been tendered and not withdrawn in accordance with this Indenture and all other rights of the Holder of such Notes will terminate other than the right to receive the Change of Control Purchase Price, without interest from the Change of Control Purchase Date, on surrender of such Notes.

Appears in 1 contract

Samples: Maxtor Corp

Deposit of Change of Control Purchase Price. On or before 11:00 a.m., a.m. New York City time on the applicable Change of Control Purchase Date, the Company Issuer shall deposit with the Trustee or with a Paying Agent (other than the Company Issuer or an Affiliate of the CompanyIssuer) an amount of money (in immediately available funds if deposited on such Change of Control Purchase Date) sufficient to pay the aggregate Change of Control Purchase Price of all the Notes Securities or portions thereof that are to be purchased as of such Change of Control Purchase Date. The manner in which the deposit required by this Section 3.10 3.9 is made by the Company Issuer shall be at the option of the CompanyIssuer, provided that such deposit shall be made in a manner such that the Trustee or a Paying Agent shall have immediately available funds on the Change of Control Purchase Date. If a Paying Agent holds, in accordance with the terms hereof, money sufficient to pay the Change of Control Purchase Price of any Note Security for which a Change of Control Purchase Notice has been tendered and not withdrawn in accordance with this Indenture then, on the Change of Control Purchase Date, interest such Security will cease to accrue on such Notes or any portion of such Notes as to which a Change of Control Purchase Notice has been tendered be outstanding and not withdrawn in accordance with this Indenture and all other the rights of the Holder of such Notes will in respect thereof shall terminate (other than the right to receive the Change of Control Purchase Price, without interest from Price as aforesaid). The Issuer shall publicly announce the principal amount of Securities purchased as a result of such Change of Control on or as soon as practicable after the Change of Control Purchase Date, on surrender of such Notes.

Appears in 1 contract

Samples: Indenture (Wynn Resorts LTD)

Deposit of Change of Control Purchase Price. On or before 11:00 a.m., New York City time on the Change of Control Purchase Date, the Company shall deposit with the Trustee or with a Paying Agent (other than the Company or an Affiliate of the Company) an amount of money (in immediately available funds if deposited on such Change of Control Purchase Date) sufficient to pay the aggregate Change of Control Purchase Price of all the Notes of such series or portions thereof that are to be purchased as of such Change of Control Purchase Date. The manner in which the deposit required by this Section 3.10 is made by the Company shall be at the option of the Company, provided that such deposit shall be made in a manner such that the Trustee or a Paying Agent shall have immediately available funds on the Change of Control Purchase Date. If a Paying Agent holds, in accordance with the terms hereof, money sufficient to pay the Change of Control Purchase Price of any Note of such series for which a Change of Control Purchase Notice has been tendered and not withdrawn in accordance with this Indenture then, on the Change of Control Purchase Date, interest will cease to accrue on such Notes or any portion of such Notes as to which a Change of Control Purchase Notice has been tendered and not withdrawn in accordance with this Indenture and all other rights of the Holder of such Notes will terminate other than the right to receive the Change of Control Purchase Price, without interest from the Change of Control Purchase Date, on surrender of such Notes.

Appears in 1 contract

Samples: Valeant Pharmaceuticals International, Inc.

Deposit of Change of Control Purchase Price. On or before 11:00 a.m., a.m. New York City time on the Change of Control Purchase Date, the Company Obligors shall deposit with the Trustee or with a Paying Agent (other than the Company Obligors or an Affiliate of the CompanyObligors) an amount of money (in immediately available funds if deposited on such Change of Control Purchase Date) sufficient to pay the aggregate Change of Control Purchase Price of all the Notes Securities or portions thereof that are to be purchased as of such Change of Control Purchase Date. The manner in which the deposit required by this Section 3.10 is made by the Company Obligors shall be at the option of the CompanyObligors, provided that such deposit shall be made in a manner such that the Trustee or a Paying Agent shall have immediately available funds on the Change of Control Purchase Date. If a Paying Agent holds, in accordance with the terms hereof, money sufficient to pay the Change of Control Purchase Price of any Note Security for which a Change of Control Purchase Notice has been tendered and not withdrawn in accordance with this Indenture then, on the Change of Control Purchase Date, interest will cease to accrue on such Notes Securities or any portion of such Notes the Securities as to which a Change of Control Purchase Notice has been tendered and not withdrawn in accordance with this Indenture and all other rights of the Holder of such Notes will terminate other than the right to receive the Change of Control Purchase Price, without interest from the Change of Control Purchase Date, on surrender of such Notesthe Securities.

Appears in 1 contract

Samples: Ribapharm Inc

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Deposit of Change of Control Purchase Price. On or before Prior to 11:00 a.m., New York City time on the Change of Control Purchase Date, the Company shall deposit with the Trustee or with a Paying Agent (other than the Company or an Affiliate of the Company) an amount of money (in immediately available funds if deposited on such Change of Control Purchase Date) sufficient to pay the aggregate Change of Control Purchase Price of all the Notes or portions thereof that are to be purchased as of such Change of Control Purchase Date. The manner in which the deposit required by this Section 3.10 is made by the Company shall be at the option of the Company, provided that such deposit shall be made in a manner such that the Trustee or a Paying Agent shall have immediately available funds on the Change of Control Purchase Date. If a Paying Agent holds, in accordance with the terms hereof, money sufficient to pay the Change of Control Purchase Price of any Note for which a Change of Control Purchase Notice has been tendered and not withdrawn in accordance with this Indenture then, on the Change of Control Purchase Date, interest will cease to accrue on such Notes or any portion of such Notes as to which a Change of Control Purchase Notice has been tendered and not withdrawn in accordance with this Indenture and all other rights of the Holder of such Notes will terminate other than the right to receive the Change of Control Purchase Price, without interest from the Change of Control Purchase Date, on surrender of such Notes.

Appears in 1 contract

Samples: Bausch Health Companies (Bausch Health Companies Inc.)

Deposit of Change of Control Purchase Price. On or before 11:00 a.m., Prior to 10:00 a.m. (New York City time time) on the Change of Control Purchase Date, the Company shall deposit with the Trustee or with a the Paying Agent (other than or, if the Company or a Subsidiary or an Affiliate of either of them is acting as the CompanyPaying Agent, shall segregate and hold in trust as provided in ) an amount of money cash (in immediately available funds if deposited on such Business Day) or Common Stock sufficient to pay the aggregate Change of Control Purchase Date) Price of all the Notes or portions thereof which are to be purchased as of the Change of Control Purchase Date and an amount in cash or shares of Common Stock sufficient to pay any Make-Whole Premium. If the Trustee or other Paying Agent appointed by the Company, or the Company or an Affiliate of the Company, if it or such Affiliate is acting as the Paying Agent, holds cash or shares of Common Stock sufficient to pay the aggregate Change of Control Purchase Price of all the Notes or portions thereof that are to be purchased as of such Change of Control Purchase Date. The manner in which the deposit required by this Section 3.10 is made by the Company shall be at the option of the Company, provided that such deposit shall be made in a manner such that the Trustee or a Paying Agent shall have immediately available funds on the Change of Control Purchase Date. If a Paying Agent holds, Date and an amount in accordance with the terms hereof, money cash or shares of Common Stock sufficient to pay any Make-Whole Premium, then immediately after the Change of Control Purchase Price of any Note for which a Change of Control Purchase Notice has been tendered and not withdrawn in accordance with this Indenture thenDate (i) such Notes will cease to be outstanding, (ii) interest on the Change of Control Purchase Date, interest such Notes will cease to accrue on such Notes or any portion of such Notes as to which a Change of Control Purchase Notice has been tendered and not withdrawn in accordance with this Indenture and (iii) all other rights of the Holder holders of such Notes will terminate other than the right to receive the Change of Control Purchase PricePrice and the Make-Whole Premium, without interest from if any, upon delivery of the Change Notes, whether or not book-entry transfer of Control Purchase Date, on surrender of such Notesthe Notes has been made or the Notes have been delivered to the Trustee or Paying Agent.

Appears in 1 contract

Samples: McMoran Exploration Co /De/

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