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

Deposit of Fundamental Change Purchase Price. Prior to 10:00 a.m., New York City time, on the Fundamental Change Purchase Date, as the case may be, the Company shall deposit with the Trustee or with the Paying Agent (or, if the Company or a Subsidiary or an Affiliate of either of them is acting as the Paying Agent, shall segregate and hold in trust as provided in Section 2.04) an amount of cash (in immediately available funds if deposited on such Business Day), sufficient to pay the aggregate Fundamental Change Purchase Price of all the Notes or portions thereof which are to be repurchased as of the Fundamental Change Purchase Date.

Appears in 3 contracts

Samples: Indenture (Rh), Indenture (Rh), Indenture (Restoration Hardware Holdings Inc)

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Deposit of Fundamental Change Purchase Price. Prior to 10:00 a.m., a.m. (local time in the City of New York City time, York) on the Business Day following the Fundamental Change Purchase Date, as the case may be, the Company shall deposit with the Trustee or with the Paying Agent (or, if the Company or a Subsidiary or an Affiliate of either of them is acting as the Paying Agent, shall segregate and hold in trust as provided in Section 2.042.05) an amount of cash (in immediately available funds if deposited on such Business Day), ) sufficient to pay the aggregate Fundamental Change Purchase Price of all the 2007 Notes or portions thereof which are to be repurchased purchased as of the Fundamental Change Purchase Date.

Appears in 1 contract

Samples: First Supplemental Indenture (Mirant Corp)

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Deposit of Fundamental Change Purchase Price. Prior to 10:00 a.m., New York City time, on the Business Day following the Fundamental Change Purchase Date, as the case may be, the Company shall deposit with the Trustee or with the Paying Agent (or, if the Company or a Subsidiary or an Affiliate of either of them is acting as the Paying Agent, shall segregate and hold in trust as provided in Section 2.042.6) an amount of cash (in immediately available funds if deposited on such Business Day), ) sufficient to pay the aggregate Fundamental Change Purchase Price of all the Notes or portions thereof which are to be repurchased purchased as of the Fundamental Change Purchase Date.

Appears in 1 contract

Samples: Indenture (Mindspeed Technologies, Inc)

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