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

Deposit of Fundamental Change Purchase Price. (a) On or prior to 11:00 a.m., New York City time, on the Fundamental Change Purchase Date, the Company shall deposit with the Trustee (or other Paying Agent appointed by the Company or if the Company is acting as its own Paying Agent, set aside, segregate and hold in trust) an amount of money sufficient to purchase on the Fundamental Change Purchase Date all of the Notes to be repurchased on such date at the Fundamental Change Purchase Price. Subject to receipt of funds and/or Notes by the Trustee (or other Paying Agent appointed by the Company), payment for each Note surrendered for purchase (and not withdrawn) prior to the Fundamental Change Expiration Time shall be made on the later of (x) the Fundamental Change Purchase Date with respect to such Note (provided the Holder has satisfied the conditions to the payment of the Fundamental Change Purchase Price in Section 15.02), and (y) the time of book-entry transfer or the delivery of such Note to the Trustee (or other Paying Agent appointed by the Company) by the Holder thereof in the manner required by Section 15.02 by mailing checks for the amount payable to the Holders of such Notes entitled thereto as they shall appear in the Security Register; provided, however, that payments to the Depositary shall be made by wire transfer of immediately available funds to the account of the Depositary or its nominee. The Trustee (or other Paying Agent) shall, promptly after such payment and upon written demand by the Company, return to the Company any funds in excess of the Fundamental Change Purchase Price.

Appears in 4 contracts

Samples: Indenture (Envestnet, Inc.), Indenture (Envestnet, Inc.), Indenture (Greenlight Capital Re, Ltd.)

AutoNDA by SimpleDocs

Deposit of Fundamental Change Purchase Price. (a) On or prior to 11:00 a.m., New York City time, on the Fundamental Change Purchase Date, the The Company shall deposit with the Trustee (or other Paying Agent appointed by the Company Company, or if the Company is acting as its own Paying Agent, set aside, segregate and hold in trusttrust as provided in Section 2.05 of the Base Indenture) on or prior to 11:00 a.m., New York City time, on the Fundamental Change Purchase Date an amount of money sufficient to purchase on the Fundamental Change Purchase Date all of the Notes to be repurchased on such date purchased at the appropriate Fundamental Change Purchase Price. Subject to receipt of funds and/or Notes by the Trustee (or other Paying Agent appointed by the Company), payment for each Note Notes surrendered for purchase (and not withdrawn) withdrawn prior to the close of business on the Business Day immediately preceding the Fundamental Change Expiration Time shall Purchase Date) will be made on the later of (xi) the Fundamental Change Purchase Date with respect to such Note (provided that the Holder has satisfied the conditions to the payment of the Fundamental Change Purchase Price in Section 15.02), 10.01) and (yii) the time of book-entry transfer or the delivery of such Note Notes to the Trustee (or other Paying Agent appointed by the Company) by the Holder thereof in the manner required by Section 15.02 10.01, by mailing checks for the amount payable to the Holders of such Notes entitled thereto as they shall appear in the Security Note Register; provided, however, that payments to the Depositary shall be made by wire transfer of immediately available funds to the account of the Depositary or its nominee. The Trustee (or other Paying Agent) shall, promptly after such payment and upon written demand by the Company, return to the Company any funds in excess of the Fundamental Change Purchase Price.

Appears in 4 contracts

Samples: Fifth Supplemental Indenture (Tesla, Inc.), Fourth Supplemental Indenture (Tesla, Inc.), Second Supplemental Indenture (Tesla Motors Inc)

Deposit of Fundamental Change Purchase Price. (a) On or prior to 11:00 a.m., New York City time, on the Fundamental Change Purchase Date, the The Company shall will deposit with the Trustee (or other Paying Agent appointed by the Company Company, or if the Company is acting as its own Paying Agent, set aside, segregate and hold in trusttrust as provided in Section 4.04) on or prior to 11:00 a.m., New York City time, on the Fundamental Change Purchase Date, an amount of money sufficient to purchase on the Fundamental Change Purchase Date all of the Notes to be repurchased on such date purchased at the appropriate Fundamental Change Purchase Price. Subject to receipt of funds and/or Notes by the Trustee (or other Paying Agent appointed by the Company), payment for each Note Notes surrendered for purchase (and not withdrawn) withdrawn prior to the close of business on the second Scheduled Trading Day immediately preceding the Fundamental Change Expiration Time shall Purchase Date) will be made on the later of (xi) the Fundamental Change Purchase Date with respect to such Note (provided the Holder has satisfied the conditions to the payment of the Fundamental Change Purchase Price in Section 15.02), ) and (yii) the time of book-entry transfer or the delivery of such Note to the Trustee (or other Paying Agent appointed by the Company) by the Holder thereof in the manner required by Section 15.02 15.02, as applicable, by mailing checks for the amount payable to the Holders of such Notes entitled thereto as they shall appear in the Security Note Register; provided, however, that payments to the Depositary shall be made by wire transfer of immediately available funds to the account of the Depositary or its nominee. The Trustee (or other Paying Agent) shall, promptly after such payment and upon written demand by the Company, return to the Company any funds in excess of the Fundamental Change Purchase Price.

Appears in 3 contracts

Samples: Ionis Pharmaceuticals Inc, Indenture (Isis Pharmaceuticals Inc), Indenture (Isis Pharmaceuticals Inc)

Deposit of Fundamental Change Purchase Price. (a) On or prior to 11:00 a.m., New York City time, on the Fundamental Change Purchase Date, the The Company shall deposit with the Trustee (or other Paying Agent appointed by the Company Company, or if the Company is acting as its own Paying Agent, set aside, segregate and hold in trusttrust as provided in Section 6.03 of the Indenture) on or prior to 11:00 a.m., New York City time, on the Fundamental Change Purchase Date an amount of money sufficient to purchase on the Fundamental Change Purchase Date all of the Notes to be repurchased on such date purchased at the appropriate Fundamental Change Purchase Price. Subject to receipt of funds and/or Notes by the Trustee (or other Paying Agent appointed by the Company), payment for each Note Notes surrendered for purchase (and not withdrawn) withdrawn prior to the close of business on the Business Day immediately preceding the Fundamental Change Expiration Time shall Purchase Date) will be made on the later of (xi) the Fundamental Change Purchase Date with respect to such Note (provided the Holder has satisfied the conditions to the payment of the Fundamental Change Purchase Price in Section 15.02), 9.01) and (yii) the time of book-entry transfer or the delivery of such Note to the Trustee (or other Paying Agent appointed by the Company) by the Holder thereof in the manner required by Section 15.02 9.01 by mailing checks for the amount payable to the Holders of such Notes entitled thereto as they shall appear in the Security Note Register; , provided, however, that payments to the Depositary shall be made by wire transfer of immediately available funds to the account of the Depositary or its nominee. The Trustee (or other Paying Agent) shall, promptly after such payment and upon written demand by the Company, return to the Company any funds in excess of the Fundamental Change Purchase Price.

Appears in 3 contracts

Samples: Indenture (Alcoa Inc.), Indenture (Rti International Metals Inc), Indenture (Rti International Metals Inc)

Deposit of Fundamental Change Purchase Price. (a) On or prior to 11:00 a.m., New York City time, on the Fundamental Change Purchase Date, the The Company shall will deposit with the Trustee (or other Paying Agent appointed by the Company Company, or if the Company is acting as its own Paying Agent, set aside, segregate and hold in trust) an amount of money sufficient on or prior to purchase 11:00 a.m. New York City time, on the Fundamental Change Purchase Date an amount of cash sufficient to repurchase all of the Notes to be repurchased on such date at the appropriate Fundamental Change Purchase Price. Subject to receipt of funds and/or Notes by the Trustee (or other Paying Agent appointed by the Company), payment for each Note Notes surrendered for purchase (and not withdrawn) prior to the Fundamental Change Expiration Time shall repurchase will be made on the later of (xi) the Fundamental Change Purchase Date with respect to such Note (provided the Holder holder has satisfied the conditions to the payment of the Fundamental Change Purchase Price in Section 15.02), 15.01 and (yii) the time of book-entry transfer or the delivery of such Note to the Trustee (or other Paying Agent appointed by the Company) by the Holder holder thereof in the manner required by Section 15.02 15.01 by mailing checks for the amount payable to the Holders holders of such Notes entitled thereto as they shall appear in the Security Note Register; , provided, however, that payments to the Depositary shall be made by wire transfer of immediately available funds to the account of the Depositary or its nominee. The Trustee (or other Paying Agent) shall, promptly after such payment and upon written demand by the Company, return to the Company any funds in excess of the Fundamental Change Purchase Price.

Appears in 1 contract

Samples: Indenture (Eastman Kodak Co)

Deposit of Fundamental Change Purchase Price. (a) On or prior to 11:00 a.m., New York City time, on the Fundamental Change Purchase Date, the The Company shall will deposit with the Trustee (or other Paying Agent appointed by the Company Company, or if the Company is acting as its own Paying Agent, set aside, segregate and hold in trusttrust as provided in Section 4.04) on or prior to 11:00 a.m., New York City time, on the Fundamental Change Purchase Date an amount of money sufficient to purchase on the Fundamental Change Purchase Date all of the Notes to be repurchased on such date purchased at the appropriate Fundamental Change Purchase Price. Subject to receipt of funds and/or Notes by the Trustee (or other Paying Agent appointed by the Company), payment for each Note Notes surrendered for purchase (and not withdrawn) validly withdrawn prior to the close of business on the Business Day immediately preceding the Fundamental Change Expiration Time shall Purchase Date) will be made on the later of (xi) the Fundamental Change Purchase Date with respect to such Note (provided the Holder has satisfied the conditions to the payment of the Fundamental Change Purchase Price in Section 15.02), ) and (yii) the time of book-entry transfer or the delivery of such Note to the Trustee (or other Paying Agent appointed by the Company) by the Holder thereof in the manner required by Section 15.02 15.02, by mailing checks for the amount payable to the Holders of such Notes entitled thereto as they shall appear in the Security Note Register; provided, however, that payments to the Depositary shall be made by wire transfer of immediately available funds to the account of the Depositary or its nominee. The Trustee (or other Paying Agent) shall, promptly after such payment and upon written demand by the Company, return to the Company any funds in excess of the Fundamental Change Purchase Price.

Appears in 1 contract

Samples: Indenture (FXCM Inc.)

Deposit of Fundamental Change Purchase Price. (a1) On or prior to 11:00 a.m., New York City time, on the Fundamental Change Purchase Date, the The Company shall will deposit with the Trustee (or other Paying Agent appointed by the Company Company, or if the Company is acting as its own Paying Agent, set aside, segregate and hold in trusttrust as provided in Section 4.04) on or prior to 11:00 a.m., New York City time, on the Fundamental Change Purchase Date an amount of money sufficient to purchase on the Fundamental Change Purchase Date all of the Notes to be repurchased on such date purchased at the appropriate Fundamental Change Purchase Price; provided, however, that to the extent any such funds are received by the Trustee or the Paying Agent from the Company after 11:00 a.m., New York City time, on such due date, such funds will be deemed deposited within one (1) Business Day of receipt thereof. Subject to receipt of funds and/or Notes by the Trustee (or other Paying Agent appointed by the Company), payment for each Note Notes surrendered for purchase (and not withdrawn) withdrawn prior to the close of business on the Business Day immediately preceding the Fundamental Change Expiration Time shall Purchase Date) will be made on the later of (xi) the Fundamental Change Purchase Date with respect to such Note (provided the Holder has satisfied the conditions to the payment of the Fundamental Change Purchase Price in Section 15.02), 14.01 and (yii) the time of book-entry transfer or the delivery of such Note to the Trustee (or other Paying Agent appointed by the Company) by the Holder thereof in the manner required by Section 15.02 14.01 by mailing checks for the amount payable to the Holders of such Notes entitled thereto at their addresses as they shall appear in the Security Note Register; provided, however, that payments to the Depositary shall be made by wire transfer of immediately available funds to the account of the Depositary or its nominee. The Trustee (or other Paying Agent) shall, promptly after such payment and upon written demand by the Company, return to the Company any funds in excess of the Fundamental Change Purchase Price.

Appears in 1 contract

Samples: Indenture (GSV Capital Corp.)

Deposit of Fundamental Change Purchase Price. (a) On or prior to 11:00 a.m., New York City time, on the Fundamental Change Purchase Date, the The Company shall will deposit with the Trustee (or other Paying Agent appointed by the Company Company, or if the Company is acting as its own Paying Agent, set aside, segregate and hold in trusttrust as provided in Section 4.04) on or prior to 11:00 a.m., New York City time, on the Business Day prior to the Fundamental Change Purchase Date, as applicable, an amount of money sufficient to purchase on the Fundamental Change Purchase Date repurchase all of the Notes to be repurchased on such date at the appropriate Fundamental Change Purchase Price, as the case may be. Subject to receipt of funds and/or Notes by the Trustee (or other Paying Agent appointed by the Company), payment for each Note Notes surrendered for purchase repurchase (and not withdrawn) withdrawn prior to the Fundamental Change Expiration Time shall Time, if applicable) will be made on the later of (xi) the Fundamental Change Purchase Date with respect to such Note (provided the Holder holder has satisfied the conditions to the payment of the Fundamental Change Purchase Price in Section 15.02), 13.01) and (yii) the time of book-entry transfer or the delivery of such Note to the Trustee (or other Paying Agent appointed by the Company) by the Holder holder thereof in the manner required by Section 15.02 13.01 by mailing checks for the amount payable to the Holders holders of such Notes entitled thereto as they shall appear in the Security Note Register; , provided, however, that payments to the Depositary shall be made by wire transfer of immediately available funds to the account of the Depositary or its nominee. The Trustee (or other Paying Agent) shall, promptly after such payment and upon written demand by the Company, return to the Company any funds in excess of the Fundamental Change Purchase Price, as applicable.

Appears in 1 contract

Samples: Indenture (Kaman Corp)

Deposit of Fundamental Change Purchase Price. (a) On or prior to 11:00 a.m., New York City time, on the Fundamental Change Purchase Date, the The Company shall will deposit with the Trustee (or other Paying Agent appointed by the Company Company, or if the Company is acting as its own Paying Agent, set aside, segregate and hold in trusttrust as provided in Section 4.04) on or prior to 11:00 a.m., New York City time, on the Fundamental Change Purchase Date an amount of money sufficient to purchase on the Fundamental Change Purchase Date all of the Notes to be repurchased on such date purchased at the appropriate Fundamental Change Purchase Price. Subject to receipt of funds and/or Notes by the Trustee (or other Paying Agent appointed by the Company), payment for each Note Notes surrendered for purchase (and not withdrawn) withdrawn prior to the close of business on the second Business Day immediately preceding the Fundamental Change Expiration Time shall Purchase Date) will be made on promptly following the later of (xi) the Fundamental Change Purchase Date with respect to such Note (provided the Holder has satisfied the conditions to the payment of the Fundamental Change Purchase Price in Section 15.02), ) and (yii) the time of book-entry transfer or the delivery of such Note to the Trustee (or other Paying Agent appointed by the Company) by the Holder thereof in the manner required by Section 15.02 by mailing checks for the amount payable to the Holders of such Notes entitled thereto as they shall appear in the Security Note Register; provided, however, that payments to the Depositary shall be made by wire transfer of immediately available funds to the account of the Depositary or its nominee. The Trustee (or other Paying Agent) shall, promptly after such payment and upon written demand by the Company, return to the Company any funds in excess of the Fundamental Change Purchase Price.

Appears in 1 contract

Samples: Indenture (Akorn Inc)

Deposit of Fundamental Change Purchase Price. (a) On or prior to 11:00 a.m., New York City time, on the Fundamental Change Purchase Date, the The Company shall deposit with the Trustee (or other Paying Agent appointed by the Company Company, or if the Company is acting as its own Paying Agent, set aside, segregate and hold in trust) trust on or prior to 11:00 a.m., New York City time, on the Fundamental Change Purchase Date an amount of money sufficient to purchase on the Fundamental Change Purchase Date all of the Notes to be repurchased on such date purchased at the appropriate Fundamental Change Purchase Price; provided, however, that to the extent any such funds are received by the Trustee or the Paying Agent from the Company after 11:00 a.m., New York City time, on such due date, such funds shall be deemed deposited within one (1) Business Day of receipt thereof. Subject to receipt of funds and/or Notes by the Trustee (or other Paying Agent appointed by the Company), payment for each Note Notes surrendered for purchase (and not withdrawn) withdrawn prior to the close of business on the Business Day immediately preceding the Fundamental Change Expiration Time Purchase Date) shall be made on the later of (xi) the Fundamental Change Purchase Date with respect to such Note (provided the Holder has satisfied the conditions to the payment of the Fundamental Change Purchase Price in Section 15.02), 14.01 and (yii) the time of book-entry transfer or the delivery of such Note to the Trustee (or other Paying Agent appointed by the Company) by the Holder thereof in the manner required by Section 15.02 14.01 by mailing checks for the amount payable to the Holders of such Notes entitled thereto at their addresses as they shall appear in the Security Note Register; provided, however, that payments to the Depositary shall be made by wire transfer of immediately available funds to the account of the Depositary or its nominee. The Trustee (or other Paying Agent) shall, promptly after such payment and upon written demand by the Company, return to the Company any funds in excess of the Fundamental Change Purchase Price.

Appears in 1 contract

Samples: Second Supplemental Indenture (Trinity Capital Inc.)

Deposit of Fundamental Change Purchase Price. (a) On or prior to 11:00 a.m., New York City time, on the Fundamental Change Purchase Date, the The Company shall deposit with the Trustee (or other Paying Agent appointed by the Company Company, or if the Company is acting as its own Paying Agent, set aside, segregate and hold in trusttrust as provided in Section 4.04) on or prior to 11:00 a.m., New York City time, on the Fundamental Change Purchase Date an amount of money sufficient to purchase on the Fundamental Change Purchase Date repurchase all of the Notes to be repurchased on such date purchased at the appropriate Fundamental Change Purchase Price. Subject to receipt of funds and/or Notes by the Trustee (or other Paying Agent appointed by the Company), payment for each Note Notes surrendered for purchase repurchase (and not withdrawn) validly withdrawn prior to the close of business on the Business Day immediately preceding the Fundamental Change Expiration Time shall Purchase Date) will be made on the later of (xi) the Fundamental Change Purchase Date with respect to such Note (provided that the Holder has satisfied the conditions to the payment of the Fundamental Change Purchase Price in Section 15.02), ) and (yii) the time of book-entry transfer or the delivery of such Note to the Trustee (or other Paying Agent appointed by the Company) by the Holder thereof in the manner required by Section 15.02 15.02, by mailing checks for the amount payable to the Holders of such Notes entitled thereto as they shall appear in the Security Note Register; provided, however, that payments to the Depositary shall be made by wire transfer of immediately available funds to the account of the Depositary or its nominee. The Trustee (or other Paying Agent) shall, promptly after such payment and upon written demand by the Company, return to the Company any funds in excess of the Fundamental Change Purchase Price.

Appears in 1 contract

Samples: Indenture (United States Steel Corp)

Deposit of Fundamental Change Purchase Price. (a) On or prior to 11:00 a.m., New York City time, on the Fundamental Change Purchase Date, the The Company shall will deposit with the Trustee (or other Paying Agent appointed by the Company Company, or if the Company is acting as its own Paying Agent, set aside, segregate and hold in trusttrust as provided in Section 4.04) on or prior to 11:00 a.m., New York City time, on the Fundamental Change Purchase Date an amount of money sufficient to purchase on the Fundamental Change Purchase Date all of the Notes to be repurchased on such date purchased at the appropriate Fundamental Change Purchase Price; provided, however, that to the extent any such funds are received by the Trustee or the Paying Agent from the Company after 11:00 a.m., New York City time, on such due date, such funds will be deemed deposited within one (1) Business Day of receipt thereof. Subject to receipt of funds and/or Notes by the Trustee (or other Paying Agent appointed by the Company), payment for each Note Notes surrendered for purchase (and not withdrawn) withdrawn prior to the close of business on the Business Day immediately preceding the Fundamental Change Expiration Time shall Purchase Date) will be made on the later of (xi) the Fundamental Change Purchase Date with respect to such Note (provided the Holder has satisfied the conditions to the payment of the Fundamental Change Purchase Price in Section 15.02), 14.01 and (yii) the time of book-entry transfer or the delivery of such Note to the Trustee (or other Paying Agent appointed by the Company) by the Holder thereof in the manner required by Section 15.02 14.01 by mailing checks for the amount payable to the Holders of such Notes entitled thereto at their addresses as they shall appear in the Security Note Register; provided, however, that payments to the Depositary shall be made by wire transfer of immediately available funds to the account of the Depositary or its nominee. The Trustee (or other Paying Agent) shall, promptly after such payment and upon written demand by the Company, return to the Company any funds in excess of the Fundamental Change Purchase Price.

Appears in 1 contract

Samples: First Supplemental Indenture (GSV Capital Corp.)

Deposit of Fundamental Change Purchase Price. (a) On or prior to 11:00 a.m., New York City time, on the Fundamental Change Purchase Date, the The Company shall deposit with the Trustee (or other Paying Agent appointed by the Company Company, or if the Company is acting as its own Paying Agent, set aside, segregate and hold in trusttrust as provided in Section 4.04) on or prior to 11:00 a.m., New York City time, on the Fundamental Change Purchase Date an amount of money sufficient to purchase on the Fundamental Change Purchase Date all of the Notes to be repurchased on such date purchased at the appropriate Fundamental Change Purchase Price. Subject to receipt of funds and/or Notes by the Trustee (or other Paying Agent appointed by the Company), payment for each Note Notes surrendered for purchase (and not withdrawn) withdrawn prior to the close of business on the Business Day immediately preceding the Fundamental Change Expiration Time shall Purchase Date) will be made on the later of (xi) the Fundamental Change Purchase Date with respect to such Note (provided the Holder has satisfied the conditions to the payment of the Fundamental Change Purchase Price in Section 15.02), ) and (yii) the time of book-entry transfer or the delivery of such Note to the Trustee (or other Paying Agent appointed by the Company) by the Holder thereof in the manner required by Section 15.02 by mailing checks for the amount payable to the Holders of such Notes entitled thereto as they shall appear in the Security Note Register; , provided, however, that payments to the Depositary shall be made by wire transfer of immediately available funds to the account of the Depositary or its nominee. The Trustee (or other Paying Agent) shall, promptly after such payment and upon written demand by the Company, return to the Company any funds in excess of the Fundamental Change Purchase Price.

Appears in 1 contract

Samples: Indenture (Tower Group, Inc.)

Deposit of Fundamental Change Purchase Price. (a) On or prior to 11:00 a.m., New York City time, on the Fundamental Change Purchase Date, the The Company shall will deposit with the Trustee (or other Paying Agent appointed by the Company Company, or if the Company is acting as its own Paying Agent, set aside, segregate and hold in trusttrust as provided in Section 5.04) on or prior to 11:00 a.m., New York City time, on the Fundamental Change Purchase Date an amount of money sufficient to purchase on the Fundamental Change Purchase Date repurchase all of the Notes to be repurchased on such date at the appropriate Fundamental Change Purchase Price. Subject to receipt of funds and/or Notes by the Trustee (or other Paying Agent appointed by the Company), payment for each Note Notes surrendered for purchase repurchase (and not withdrawn) withdrawn prior to the Fundamental Change Expiration Time shall Time) will be made on the later of (xi) the Fundamental Change Purchase Date with respect to such Note (provided the Holder holder has satisfied the conditions to the payment of the Fundamental Change Purchase Price in Section 15.02), 16.02) and (yii) the time of book-entry transfer or the delivery of such Note to the Trustee (or other Paying Agent appointed by the Company) by the Holder holder thereof in the manner required by Section 15.02 16.02 by mailing checks for the amount payable to the Holders holders of such Notes entitled thereto as they shall appear in the Security Note Register; , provided, however, that payments to the Depositary shall be made by wire transfer of immediately available funds to the account of the Depositary or its nominee. The Trustee (or other Paying Agent) shall, promptly after such payment and upon written demand by the Company, return to the Company any funds in excess of the Fundamental Change Purchase Price.

Appears in 1 contract

Samples: Indenture (Penson Worldwide Inc)

Deposit of Fundamental Change Purchase Price. (a) On or prior to 11:00 a.m., New York City time, on the Fundamental Change Purchase Date, the Article 25 The Company shall will deposit with the Trustee (or other Paying Agent appointed by the Company Company, or if the Company is acting as its own Paying Agent, set aside, segregate and hold in trusttrust as provided in Section 4.04) on or prior to 11:00 a.m., New York City time, on the Fundamental Change Purchase Date an amount of money sufficient to purchase on the Fundamental Change Purchase Date all of the Notes to be repurchased on such date purchased at the appropriate Fundamental Change Purchase Price. Subject to receipt of funds and/or Notes by the Trustee (or other Paying Agent appointed by the Company), payment for each Note Notes surrendered for purchase (and not withdrawn) withdrawn prior to the close of business on the Business Day immediately preceding the Fundamental Change Expiration Time shall Purchase Date) will be made on the later of (xi) the Fundamental Change Purchase Date with respect to such Note (provided the Holder has satisfied the conditions to the payment of the Fundamental Change Purchase Price in Section 15.02), ) and (yii) the time of book-entry transfer or the delivery of such Note to the Trustee (or other Paying Agent appointed by the Company) by the Holder thereof in the manner required by Section 15.02 by mailing checks for the amount payable to the Holders of such Notes entitled thereto at their addresses as they shall appear in the Security Note Register; provided, however, that payments to the Depositary shall be made by wire transfer of immediately available funds to the account of the Depositary or its nominee. The Trustee (or other Paying Agent) shall, promptly after such payment and upon written demand by the Company, return to the Company any funds in excess of the Fundamental Change Purchase Price.

Appears in 1 contract

Samples: Indenture (GSV Capital Corp.)

Deposit of Fundamental Change Purchase Price. (a) On or prior to 11:00 a.m., New York City time, on the Fundamental Change Purchase Date, the The Company shall will deposit with the Trustee (or other Paying Agent appointed by the Company Company, or if the Company is acting as its own Paying Agent, set aside, segregate and hold in trusttrust as provided in Section 4.04) on or prior to 11:00 a.m., New York City time, on the Fundamental Change Purchase Date an amount of money sufficient to purchase on the Fundamental Change Purchase Date repurchase all of the Notes to be repurchased on such date at the appropriate Fundamental Change Purchase Price. Subject to receipt of funds and/or Notes by the Trustee (or other Paying Agent appointed by the Company), payment for each Note Notes surrendered for purchase (and not withdrawn) withdrawn prior to the close of business on the Business Day immediately preceding the Fundamental Change Expiration Time shall Purchase Date) will be made on the later of (xi) the Fundamental Change Purchase Date with respect to such Note (provided the Holder has satisfied the conditions to the payment of the Fundamental Change Purchase Price in Section 15.02), ) and (yii) the time of book-entry transfer or the delivery of such Note to the Trustee (or other Paying Agent appointed by the Company) by the Holder thereof in the manner required by Section 15.02 by mailing checks for the amount payable to the Holders of such Notes entitled thereto as they shall appear in the Security Note Register; provided, however, that payments to the Depositary shall be made by wire transfer of immediately available funds to the account of the Depositary or its nominee. The Trustee (or other Paying Agent) shall, promptly after such payment and upon written demand by the Company, return to the Company any funds in excess of the Fundamental Change Purchase Price.

Appears in 1 contract

Samples: Indenture (Electronic Arts Inc.)

AutoNDA by SimpleDocs

Deposit of Fundamental Change Purchase Price. (a) On or prior to 11:00 a.m., New York City time, on the Fundamental Change Purchase Date, the The Company shall deposit with the Trustee (or other Paying Agent appointed by the Company Company, or if the Company is acting as its own Paying Agent, set aside, segregate and hold in trusttrust as provided in Section 4.03(b) of the Base Indenture) on or prior to 11:00 a.m., New York City time, on the Fundamental Change Purchase Date, subject to extension to comply with applicable laws, an amount of money sufficient to purchase on the Fundamental Change Purchase Date all of the Notes to be repurchased on such date purchased at the appropriate Fundamental Change Purchase Price. Subject to receipt of funds and/or Notes by the Trustee (or other Paying Agent appointed by the Company)) and subject to extension to comply with applicable laws, payment for each Note Notes surrendered for purchase (and not withdrawn) withdrawn prior to the close of business on the Business Day immediately preceding the Fundamental Change Expiration Time Purchase Date) shall be made on the later of (xi) the Fundamental Change Purchase Date with respect to such Note (provided the Holder has satisfied the conditions to the payment of the Fundamental Change Purchase Price in Section 15.02), 5.01) and (y) the time of book-entry transfer or the delivery of such Note to the Trustee (or other Paying Agent appointed by the Company) by the Holder thereof in the manner required by Section 15.02 5.01 by mailing checks for the amount payable to the Holders of such Notes entitled thereto as they shall appear in the Security Register; provided, however, that payments to the Depositary shall be made by wire transfer of immediately available funds to the account of the Depositary or its nominee. The Trustee (or other Paying Agent) shall, promptly after such payment and upon written demand by the Company, return to the Company any funds in excess of the Fundamental Change Purchase Price.

Appears in 1 contract

Samples: First Supplemental Indenture (WEB.COM Group, Inc.)

Deposit of Fundamental Change Purchase Price. (a) On or prior to 11:00 a.m., New York City time, on the Fundamental Change Purchase Date, the The Company shall deposit with the Trustee (or other Paying Agent appointed by the Company Company, or if the Company is acting as its own Paying Agent, set aside, segregate and hold in trusttrust as provided in Section 10.03 of the Base Indenture) on or prior to 11:00 a.m., New York City time, on the Fundamental Change Purchase Date, subject to extension to comply with applicable laws, an amount of money sufficient to purchase on the Fundamental Change Purchase Date repurchase all of the Notes to be repurchased on such date at the appropriate Fundamental Change Purchase Price. Subject to receipt of funds and/or Notes by the Trustee (or other Paying Agent appointed by the Company), payment for each Note Notes surrendered for purchase (and not withdrawn) withdrawn prior to the close of business on the Business Day immediately preceding the Fundamental Change Expiration Time Purchase Date) shall be made on the later of (xi) the Fundamental Change Purchase Date with respect to such Note (provided the Holder of the Notes has satisfied the conditions to the payment of the Fundamental Change Purchase Price in Section 15.02), 5.01) and (y) the time of book-entry transfer or the delivery of such Note to the Trustee (or other Paying Agent appointed by the Company) by the Holder thereof in the manner required by Section 15.02 5.01 by mailing checks for the amount payable to the Holders of such Notes entitled thereto as they shall appear in the Security Register; provided, however, that payments to the Depositary shall be made by wire transfer of immediately available funds to the account of the Depositary or its nominee. The Trustee (or other Paying Agent) shall, promptly after such payment and upon written demand by the Company, return to the Company any funds in excess of the Fundamental Change Purchase Price.

Appears in 1 contract

Samples: Seventh Supplemental Indenture (United States Steel Corp)

Deposit of Fundamental Change Purchase Price. (a) On or prior to 11:00 a.m., New York City time, on the Fundamental Change Purchase Date, the The Company shall deposit with the Trustee (or other Paying Agent appointed by the Company Company, or if the Company is acting as its own Paying Agent, set aside, segregate and hold in trusttrust as provided in Section 9.3 of the Base Indenture) on or prior to 11:00 a.m., New York City time, on the Fundamental Change Purchase Date an amount of money sufficient to purchase on the Fundamental Change Purchase Date all of the Notes to be repurchased on such date purchased at the appropriate Fundamental Change Purchase Price. Subject to receipt of funds and/or Notes by the Trustee (or other Paying Agent appointed by the Company), payment for each Note Notes surrendered for purchase (and not withdrawn) withdrawn prior to the close of business on the Business Day immediately preceding the Fundamental Change Expiration Time shall Purchase Date) will be made on the later of (xi) the Fundamental Change Purchase Date with respect to such Note (provided that the Holder has satisfied the conditions to the payment of the Fundamental Change Purchase Price in Section 15.02), ) and (yii) the time of book-entry transfer or the delivery of such Note to the Trustee (or other Paying Agent appointed by the Company) by the Holder thereof in the manner required by Section 15.02 by mailing checks for the amount payable to the Holders of such Notes entitled thereto as they shall appear in the Security Register; provided, however, that payments to the Depositary shall be made by wire transfer of immediately available funds to the account of the Depositary or its nominee. The Trustee (or other Paying Agent) shall, promptly after such payment and upon written demand by the Company, return to the Company any funds in excess of the Fundamental Change Purchase Price.

Appears in 1 contract

Samples: Shopify Inc.

Deposit of Fundamental Change Purchase Price. (a) On or prior to 11:00 a.m., New York City time, on the Fundamental Change Purchase Date, the The Company shall deposit with the Trustee (or other Paying Agent appointed by the Company Company, or if the Company is acting as its own Paying Agent, set aside, segregate and hold in trusttrust as provided in Section 2.05 of the Base Indenture) on or prior to 11:00 a.m., New York City time, on the Fundamental Change Purchase Date an amount of money sufficient to purchase on the Fundamental Change Purchase Date repurchase all of the Notes to be repurchased on such date at the appropriate Fundamental Change Purchase Price. Subject to receipt of funds and/or Notes by the Trustee (or other Paying Agent appointed by the Company), payment for each Note Notes surrendered for purchase (and not withdrawn) withdrawn prior to the close of business on the Business Day immediately preceding the Fundamental Change Expiration Time shall Purchase Date) will be made on the later of (xi) the Fundamental Change Purchase Date with respect to such Note (provided that the Holder has satisfied the conditions to the payment of the Fundamental Change Purchase Price in Section 15.02), 10.01) and (yii) the time of book-entry transfer or the delivery of such Note Notes to the Trustee (or other Paying Agent appointed by the Company) by the Holder thereof in the manner required by Section 15.02 10.01 by mailing checks for the amount payable to the Holders of such Notes entitled thereto as they shall appear in the Security Note Register; provided, however, that payments to the Depositary shall be made by wire transfer of immediately available funds to the account of the Depositary or its nominee. The Trustee (or other Paying Agent) shall, promptly after such payment and upon written demand by the Company, return to the Company any funds in excess of the Fundamental Change Purchase Price.

Appears in 1 contract

Samples: First Supplemental Indenture (Auxilium Pharmaceuticals Inc)

Deposit of Fundamental Change Purchase Price. (a) On or prior to 11:00 a.m., New York City time, on the Fundamental Change Purchase Date, the The Company shall deposit with the Trustee (or other Paying Agent appointed by the Company Company, or if the Company is acting as its own Paying Agent, set aside, segregate and hold in trusttrust as provided in Section 5.03) on or prior to 10:00 a.m., New York City time, on the Fundamental Change Purchase Date an amount of money sufficient to purchase on the Fundamental Change Purchase Date repurchase all of the Notes to be repurchased on such date at the appropriate Fundamental Change Purchase Price. Subject to receipt of funds and/or Notes by the Trustee (or other Paying Agent appointed by the Company), payment for each Note Notes surrendered for purchase repurchase (and not withdrawn) withdrawn prior to the Close of Business on the Business Day immediately preceding the Fundamental Change Expiration Time shall Purchase Date) will be made on the later of (xi) the Fundamental Change Purchase Date with respect to such Note (provided the Holder has satisfied the conditions to the payment of the Fundamental Change Purchase Price in Section 15.02), 3.01) and (yii) the time of book-entry transfer or the delivery of such Note to the Trustee (or other Paying Agent appointed by the Company) by the Holder thereof in the manner required by Section 15.02 3.01 by mailing checks for the amount payable to the Holders of such Notes entitled thereto as they shall appear in the Security Register; provided, however, that payments to the Depositary shall be made by wire transfer of immediately available funds to the account of the Depositary or its nominee. The Trustee (or other Paying Agent) shall, promptly after such payment and upon written demand by the Company, return to the Company any funds in excess of the Fundamental Change Purchase Price.

Appears in 1 contract

Samples: Indenture (Protalix BioTherapeutics, Inc.)

Deposit of Fundamental Change Purchase Price. (a) On or prior to 11:00 a.m., New York City time, on the Fundamental Change Purchase Date, the The Company shall will deposit with the Trustee (or other Paying Agent appointed by the Company Company, or if the Company is acting as its own Paying Agent, set aside, segregate and hold in trusttrust as provided in Section 4.04) on or prior to 11:00 a.m., New York City time, on the Fundamental Change Purchase Date an amount of money sufficient to purchase on the Fundamental Change Purchase Date all of the Notes to be repurchased on such date purchased at the appropriate Fundamental Change Purchase Price. Subject to receipt of funds and/or Notes by the Trustee (or other Paying Agent appointed by the Company), payment for each Note Notes that have been validly surrendered for purchase (and not withdrawn) validly withdrawn prior to the close of business on the Business Day immediately preceding the Fundamental Change Expiration Time shall Purchase Date) will be made on the later of (xi) the Fundamental Change Purchase Date with respect to such Note (provided the Holder has satisfied the conditions to the payment of the Fundamental Change Purchase Price in Section 15.02), ) and (yii) the time of book-entry transfer or the delivery of such Note to the Trustee (or other Paying Agent appointed by the Company) by the Holder thereof in the manner required by Section 15.02 by mailing checks for the amount payable to the Holders of such Notes entitled thereto as they shall appear in the Security Note Register; provided, however, that payments to the Depositary shall be made by wire transfer of immediately available funds to the account of the Depositary or its nominee. The Trustee (or other Paying Agent) shall, promptly after such payment and upon written demand by the Company, return to the Company any funds in excess of the Fundamental Change Purchase Price.

Appears in 1 contract

Samples: Cyan Inc

Deposit of Fundamental Change Purchase Price. (a) On or prior Prior to 11:00 a.m., New York City time, on the Fundamental Change Purchase Date, the Company shall deposit with the Trustee (or other Paying Agent appointed by the Company or if the Company is acting as its own Paying Agent, set aside, segregate and hold in trust) an amount of money (in immediately available funds if deposited on the Fundamental Change Purchase Date) sufficient to purchase pay on the Fundamental Change Purchase Date the Fundamental Change Purchase Price with respect to all of the Notes Securities to be repurchased on such date at the Fundamental Change Purchase Pricedate. Subject to receipt of funds and/or Notes Securities by the Trustee (or other Paying Agent appointed by the Company), payment for each Note surrendered for purchase Security as to which a Fundamental Change Repurchase Notice has been delivered (and not withdrawn) prior to the Fundamental Change Expiration Time shall be made on the later of (x) the Fundamental Change Purchase Date with respect to such Note Security (provided the Holder has satisfied the conditions to the payment of the Fundamental Change Purchase Price in Section 15.0214.02), and (y) the time of book-entry transfer or the delivery of such Note Security to the Trustee (or other Paying Agent appointed by the Company) by the Holder thereof in the manner required by Section 15.02 14.02, by mailing checks for the amount payable to the Holders of such Notes Securities entitled thereto as they shall appear in the Security Register; provided, however, that payments to the Depositary in respect of Global Securities shall be made by wire transfer of immediately available funds to the account of the Depositary Depository or its nominee. The Trustee (or other Paying Agent) shall, promptly after such payment and upon written demand by the Company, return to the Company any funds in excess of the Fundamental Change Purchase Price.

Appears in 1 contract

Samples: Indenture (CBL & Associates Limited Partnership)

Deposit of Fundamental Change Purchase Price. (a) On or prior to 11:00 a.m., New York City time, on the Fundamental Change Purchase Date, the The Company shall will deposit with the Trustee (or other Paying Agent appointed by the Company Company, or if the Company is acting as its own Paying Agent, set aside, segregate and hold in trusttrust as provided in Section 5.04) on or prior to 11:00 a.m., New York City time, on the Fundamental Change Purchase Date an amount of money sufficient to purchase on the Fundamental Change Purchase Date all of the Notes to be repurchased on such date purchased at the appropriate Fundamental Change Purchase Price. Subject to receipt of funds and/or Notes by the Trustee (or other Paying Agent appointed by the CompanyAgent), payment for each Note Notes surrendered for purchase (and not withdrawn) withdrawn prior to the Fundamental Change Expiration Time shall Time) will be made on the later of (xi) the Fundamental Change Purchase Date with respect to such Note (provided the Holder holder has satisfied the conditions to the payment of the Fundamental Change Purchase Price in Section 15.02), 16.01) and (yii) the time of book-entry transfer or the delivery of such Note to the Trustee (or other Paying Agent appointed by the CompanyAgent) by the Holder holder thereof in the manner required by Section 15.02 16.01 by mailing checks for the amount payable to the Holders holders of such Notes entitled thereto as they shall appear in the Security Note Register; provided, however, that payments to the Depositary shall be made by wire transfer of immediately available funds to the account of the Depositary or its nominee. The Trustee (or other Paying Agent) shall, promptly after such payment and upon written demand by the Company, return to the Company any funds in excess of the Fundamental Change Purchase Price.

Appears in 1 contract

Samples: Goldcorp Inc

Deposit of Fundamental Change Purchase Price. (a) On or prior to 11:00 a.m., New York City time, on the Fundamental Change Purchase Date, the The Company shall deposit with the Trustee (or other Paying Agent appointed by the Company Company, or if the Company is acting as its own Paying Agent, set aside, segregate and hold in trusttrust as provided in Section 4.04) on or prior to 11:00 a.m., New York City time, on the Fundamental Change Purchase Date an amount of money sufficient to purchase on the Fundamental Change Purchase Date all of the Notes to be repurchased on such date purchased at the appropriate Fundamental Change Purchase Price. Subject to receipt of such funds and/or Notes by the Trustee (or other Paying Agent appointed by the Company), payment for each any Note surrendered for purchase (and not withdrawn) withdrawn prior to the close of business on the Business Day immediately preceding the Fundamental Change Expiration Time shall Purchase Date) will be made on the later of (xi) the Fundamental Change Purchase Date with respect to such Note (provided the Holder has satisfied the conditions to the payment of the Fundamental Change Purchase Price in Section 15.02), ) and (yii) the time of book-entry transfer or the delivery of such Note to the Trustee (or other Paying Agent appointed by the Company) by the Holder thereof in the manner required by Section 15.02 by mailing checks a check for the amount payable to the Holders Holder of such Notes Note entitled thereto as they it shall appear in the Security Note Register; , provided, however, that payments to the Depositary shall be made by wire transfer of immediately available funds to the account of the Depositary or its nominee. The Trustee (or other Paying Agent) shall, promptly after such payment and upon written demand by the Company, return to the Company any funds in excess of the Fundamental Change Purchase Price.

Appears in 1 contract

Samples: Indenture (Take Two Interactive Software Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.