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, the Issuer shall deposit with the Paying Agent (or, if the Issuer or a Subsidiary or an Affiliate of either of them is acting as the Paying Agent, shall segregate and hold in trust as provided herein) an amount of money (in immediately available funds if deposited on such Business Day) sufficient to pay the Fundamental Change Purchase Price of all the Notes or portions thereof that are to be purchased as of the Fundamental Change Purchase Date. If the Paying Agent holds cash sufficient to pay the Fundamental Change Purchase Price of the Notes for which a Fundamental Change Purchase Notice has been surrendered and not withdrawn in accordance with this Indenture on the Fundamental Change Purchase Date, then on and after such Fundamental Change Purchase Date, (a) such Notes will cease to be outstanding and interest will cease to accrue thereon (whether or not book-entry transfer of such Notes is made or such Notes have been delivered to the Paying Agent) and (b) all other rights of the Holders in respect thereof will terminate (other than the right to receive the Fundamental Change Purchase Price and any previously accrued and unpaid interest on such Notes upon delivery or book-entry transfer of such Notes).

Appears in 2 contracts

Samples: Alpha Natural Resources, Inc., Alpha Natural Resources, Inc.

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Deposit of Fundamental Change Purchase Price. Prior to 10:00 a.m., 11:00 a.m. (local time in The City of New York City time, York) on the Fundamental Change Purchase Date, the Issuer Company shall deposit with the Paying Agent (or, if the Issuer 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 herein) an amount of money (in immediately available funds if deposited on such Business Day) sufficient to pay the Fundamental Change Purchase Price of all the Notes or portions thereof that are to be purchased repurchased as of the Fundamental Change Purchase Date. If the Paying Agent holds cash money or securities sufficient to pay the Fundamental Change Purchase Price of the Notes on the Business Day following the Fundamental Change Purchase Date for which a Fundamental Change Purchase Notice has been surrendered tendered and not withdrawn in accordance with this Supplemental Indenture on the Fundamental Change Purchase Date, then on and after as of such Fundamental Change Purchase Date, (a) such Notes will shall cease to be outstanding and interest will (including any Additional Interest) shall cease to accrue thereon (whether or not book-entry transfer of such Notes is made or such Notes have been delivered to the Paying Agent) and (b) all other rights of the Holders in respect thereof will shall terminate (other than the right to receive the Fundamental Change Purchase Price and any previously accrued and unpaid interest on such Notes (including any Additional Interest) upon delivery or book-entry transfer of such Notes).

Appears in 2 contracts

Samples: Supplemental Indenture (Zion Oil & Gas Inc), Supplemental Indenture (Brookdale Senior Living Inc.)

Deposit of Fundamental Change Purchase Price. Prior to 10:00 a.m., a.m. (local time in New York City time, City) on the Fundamental Change Purchase Date, the Issuer Company shall deposit with the Trustee (or other Paying Agent appointed by the Company) (or, if the Issuer Company or a Subsidiary of the Company or an Affiliate of either of them is acting as the Paying Agent, shall segregate and hold in trust as provided hereintrust) an amount of money (in immediately available funds if deposited on such Business DayFundamental Change Purchase Date) sufficient to pay the Fundamental Change Purchase Price Price, of all the Notes or portions thereof that are to be purchased as of the Fundamental Change Purchase Date. If the Trustee or other Paying Agent appointed by the Company holds cash money sufficient to pay the Fundamental Change Purchase Price of the Notes any Note for which a Fundamental Change Purchase Notice has been surrendered tendered and not withdrawn in accordance with this First Supplemental Indenture on or prior to the Close of Business on the second Business Day following the Fundamental Change Purchase Date, then on and after such Fundamental Change Purchase Date, the following shall occur: (a) any such Notes Note will cease to be outstanding and interest will cease to accrue thereon on the Fundamental Change Purchase Date (whether or not book-entry transfer of such the Notes is made or such whether or not the Notes have been are delivered to the Paying Agent) and (b) all other rights of the Holders Holder in respect thereof will terminate (other than the right to receive the Fundamental Change Purchase Price and any previously accrued and unpaid interest on such Notes upon delivery or book-entry transfer of such NotesNote).

Appears in 1 contract

Samples: Indenture (Photronics Inc)

Deposit of Fundamental Change Purchase Price. Prior to 10:00 a.m., New York City time, on the applicable Fundamental Change Purchase Date, the Issuer Company shall irrevocably deposit with the Paying Agent (or, if the Issuer or a Subsidiary or an Affiliate of either of them is acting as the Paying Agent, shall segregate and hold in trust as provided herein) an amount of money 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 that which are to be purchased as of the such Fundamental Change Purchase Date. If the Paying Agent holds holds, in accordance with the terms hereof, at 10:00 a.m., New York City time, on the Business Day following the applicable Fundamental Change Purchase Date, cash sufficient to pay the Fundamental Change Purchase Price of the any Notes for which a Fundamental Change Purchase Notice has been surrendered tendered and not withdrawn in accordance with this Indenture pursuant to Section 14.02(b), then, on the Fundamental Change Purchase Date, then on and after such Fundamental Change Purchase Date, (a) such Notes will shall cease to be outstanding and interest will and Additional Interest, if any, on such Notes shall cease to accrue thereon (accrue, whether or not book-entry transfer of such the Notes is made or whether or not such Notes have been are delivered to the Paying Agent) , and (b) all other the rights of the Holders holders in respect thereof will shall terminate (other than the right to receive the Fundamental Change Purchase Price and any previously accrued and unpaid interest on such Notes (including Additional Interest) upon delivery or book-entry transfer of such Notes). The Company shall make a Public Notice of the aggregate principal amount of Notes purchased as a result of such Fundamental Change on or as soon as practicable after the Fundamental Change Purchase Date.

Appears in 1 contract

Samples: Network Equipment Technologies Inc

Deposit of Fundamental Change Purchase Price. Prior to 10:00 a.m., 11:00 a.m. (local time in The City of New York City time, York) on the Fundamental Change Purchase Date, the Issuer Company shall deposit with the Paying Agent (or, if the Issuer 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 herein) an amount of money (in immediately available funds if deposited on such Business Day) sufficient to pay the Fundamental Change Purchase Price of all the Notes Securities or portions thereof that are to be purchased as of the Fundamental Change Purchase Date. If the Paying Agent holds cash or securities sufficient to pay the Fundamental Change Purchase Price of the Notes Securities for which a Fundamental Change Purchase Notice has been surrendered tendered and not withdrawn in accordance with this Indenture on the Fundamental Change Purchase Date, then on and after as of such Fundamental Change Purchase Date, (a) such Notes Securities will cease to be outstanding and interest will cease to accrue thereon (whether or not book-entry transfer of such Notes Securities is made or such Notes Securities have been delivered to the Paying Agent) and (b) all other rights of the Holders in respect thereof will terminate (other than the right to receive the Fundamental Change Purchase Price and any previously accrued and unpaid interest on such Notes upon delivery or book-entry transfer of such NotesSecurities).

Appears in 1 contract

Samples: Indenture (United Rentals Inc /De)

Deposit of Fundamental Change Purchase Price. Prior to 10:00 a.m., 11:00 a.m. (local time in The City of New York City time, York) on a date that is promptly following the later of the Fundamental Change Purchase DateDate and the time of the book-entry transfer or delivery of the Notes in accordance with this Article 3, subject to extension to comply with applicable law, the Issuer Company shall deposit with the Trustee or with the Paying Agent (or, if the Issuer 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 herein) an amount of money (in immediately available funds if deposited on such Business Day) sufficient to pay the Fundamental Change Purchase Price Price, of all the Notes or portions thereof that are to be purchased as of the Fundamental Change Purchase Date. If the Paying Agent holds cash sufficient to pay the Fundamental Change Purchase Price of the Notes any Note for which a Fundamental Change Purchase Notice has been surrendered tendered and not withdrawn in accordance with this First Supplemental Indenture as of the close of business on the Business Day following the Fundamental Change Purchase Date, then on and after as of such Business Day following the Fundamental Change Purchase Date, (a) such Notes Note will cease to be outstanding and interest will cease to accrue thereon (whether or not book-entry transfer of such Notes Note is made or such Notes have been Note is delivered to the Paying Agent) and (b) all other rights of the Holders Holder in respect thereof will terminate (other than the right to receive the Fundamental Change Purchase Price and any previously accrued and unpaid interest on such Notes upon delivery or book-entry transfer of such NotesNote).

Appears in 1 contract

Samples: Indenture (Penn Virginia Corp)

Deposit of Fundamental Change Purchase Price. Prior to 10:00 a.m., New York City Eastern Standard time, on the applicable Fundamental Change Purchase Date, the Issuer Company shall irrevocably deposit with the Paying Agent (or, if the Issuer or a Subsidiary or an Affiliate of either of them is acting as the Paying Agent, shall segregate and hold in trust as provided herein) an amount of money 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 that which are to be purchased as of the such Fundamental Change Purchase Date. If the Paying Agent holds holds, in accordance with the terms hereof, at 10:00 a.m., Eastern Standard time, on the applicable Fundamental Change Purchase Date, cash sufficient to pay the Fundamental Change Purchase Price of the any Notes for which a Fundamental Change Purchase Notice has been surrendered tendered and not withdrawn in accordance with this Indenture pursuant to Section 5.2(b), then, on the Fundamental Change Purchase Date, then on and after such Fundamental Change Purchase Date, (a) such Notes will shall cease to be outstanding and interest will interest, Contingent Interest and Additional Interest, if any, on such Notes shall cease to accrue thereon (accrue, whether or not book-entry transfer of such Notes is made or such Notes have been are delivered to the Paying Agent) , and (b) all other the rights of the Holders in respect thereof will shall terminate (other than the right to receive the Fundamental Change Purchase Price and any previously accrued and unpaid interest on such Notes upon delivery or book-entry transfer of such Notes). The Company shall issue a Public Notice of the aggregate principal amount of Notes purchased as a result of such Fundamental Change on or as soon as practicable after the Fundamental Change Purchase Date.

Appears in 1 contract

Samples: Greenbrier Companies Inc

Deposit of Fundamental Change Purchase Price. Prior to 10:00 a.m., New York City time, on the Fundamental Change Purchase Repurchase Date, the Issuer Company shall deposit with the Paying Agent (or, if the Issuer Company or a Wholly Owned Subsidiary or an Affiliate of either of them the Company is acting as the Paying Agent, shall segregate and hold in trust as provided herein) an amount of money (in immediately available funds if deposited on such Business Day) sufficient to pay the Fundamental Change Purchase Repurchase Price of all the Notes or portions thereof that are to be purchased as of the Fundamental Change Purchase Repurchase Date. If the Paying Agent holds (or, if the Company or a Wholly Owned Subsidiary of the Company is acting as the Paying Agent, has segregated and holds in trust) cash or securities sufficient to pay the Fundamental Change Purchase Repurchase Price of the Notes for which a Fundamental Change Purchase Repurchase Notice has been surrendered tendered and not withdrawn in accordance with this Indenture on the Fundamental Change Purchase Repurchase Date, then on and after as of such Fundamental Change Purchase Repurchase Date, (a) such Notes will cease to be outstanding and interest will cease to accrue thereon (whether or not book-entry transfer of such Notes is made or such Notes have been delivered to the Paying Agent) and (b) all other rights of the Holders in respect thereof will terminate (other than the right to receive the Fundamental Change Purchase Repurchase Price and any previously accrued and unpaid interest on such Notes upon delivery or book-entry transfer of such Notes).

Appears in 1 contract

Samples: Indenture (TRW Automotive Holdings Corp)

Deposit of Fundamental Change Purchase Price. Prior to 10:00 11:00 a.m., New York City time, on the Fundamental Change Purchase Date, Date the Issuer Company shall deposit with the Paying Agent (or, if the Issuer 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 herein) an amount of money (in immediately available funds if deposited on such Business Day) sufficient to pay the Fundamental Change Purchase Price of all the Notes or portions thereof that are to be purchased as of the Fundamental Change Purchase Date. If the Paying Agent holds cash sufficient to pay the Fundamental Change Purchase Price of the Notes for which a Fundamental Change Purchase Notice has been surrendered delivered and not withdrawn in accordance with this Indenture on the Fundamental Change Purchase Date, Date then on and after as of such Fundamental Change Purchase Date, Date (a) such Notes will cease to be outstanding Outstanding and interest will cease to accrue thereon (whether or not book-entry transfer of such Notes is made or such Notes have been delivered to the Paying Agent) and (b) all other rights of the Holders in respect thereof will terminate (other than the right to receive the Fundamental Change Purchase Price and any previously accrued and unpaid interest on such Notes upon delivery or book-entry transfer of such Notes).

Appears in 1 contract

Samples: Amicus Therapeutics Inc

Deposit of Fundamental Change Purchase Price. Prior to 10:00 11:00 a.m., New York City time, on the Fundamental Change Purchase Date, Date the Issuer Company shall deposit with the Paying Agent (or, if the Issuer or a Subsidiary Company or an Affiliate of either of them is acting as the Paying Agent, shall segregate and hold in trust as provided herein) an amount of money (in immediately available funds if deposited on such Business Dayfunds) sufficient to pay the Fundamental Change Purchase Price of all the Notes or portions thereof that are to be purchased as of the Fundamental Change Purchase Date. If the Paying Agent holds cash sufficient to pay the Fundamental Change Purchase Price of the Notes for which a Fundamental Change Purchase Notice has been surrendered delivered and not withdrawn in accordance with this Indenture on the Fundamental Change Purchase Date, Date then on and after as of such Fundamental Change Purchase Date, Date (a) such Notes will cease to be outstanding Outstanding and interest will cease to accrue thereon (whether or not book-entry transfer of such Notes is made or such Notes have been delivered to the Paying Agent) and (b) all other rights of the Holders in respect thereof will terminate (other than the right to receive the Fundamental Change Purchase Price and any previously accrued and unpaid interest on such Notes upon delivery or book-entry transfer of such Notes).

Appears in 1 contract

Samples: Trinity Biotech PLC

Deposit of Fundamental Change Purchase Price. Prior to 10:00 a.m.11:00 a.m. (local time in Dallas, New York City time, Texas) on the Fundamental Change Purchase Date, the Issuer Company shall deposit with the Paying Agent (or, if the Issuer 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 herein) an amount of money (in immediately available funds if deposited on such Business Day) sufficient to pay the Fundamental Change Purchase Price of all the Notes or portions thereof that are to be purchased repurchased as of the Fundamental Change Purchase Date. If the Paying Agent holds cash money or securities sufficient to pay the Fundamental Change Purchase Price of the Notes on the Business Day following the Fundamental Change Purchase Date for which a Fundamental Change Purchase Notice has been surrendered tendered and not withdrawn in accordance with this Indenture on the Fundamental Change Purchase Date, then on and after as of such Fundamental Change Purchase Date, (a) such Notes will shall cease to be outstanding and interest will shall cease to accrue thereon (whether or not book-entry transfer of such Notes is made or such Notes have been delivered to the Paying Agent) and (b) all other rights of the Holders in respect thereof will shall terminate (other than the right to receive the Fundamental Change Purchase Price and any previously accrued and unpaid interest on such Notes upon delivery or book-entry transfer of such Notes).

Appears in 1 contract

Samples: Rave Restaurant Group, Inc.

Deposit of Fundamental Change Purchase Price. Prior to 10:00 a.m., 11:00 a.m. (local time in The City of New York City time, York) on the Fundamental Change Purchase Date, the Issuer Company shall deposit with the Trustee or with the Paying Agent (or, if the Issuer 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 herein) an amount of money (in immediately available funds if deposited on such Business Day) sufficient to pay the Fundamental Change Purchase Price Price, of all the Notes or portions thereof that are to be purchased as of the Fundamental Change Purchase Date. If the Paying Agent holds cash sufficient to pay the Fundamental Change Purchase Price of the Notes any Note for which a Fundamental Change Purchase Notice has been surrendered tendered and not withdrawn in accordance with this Supplemental Indenture on the Fundamental Change Purchase Date, then on and after as of such Fundamental Change Purchase Date, (a) such Notes Note will cease to be outstanding and interest will cease to accrue thereon (whether or not book-entry transfer of such Notes Note is made or such Notes have been Note is delivered to the Paying Agent) and (b) all other rights of the Holders Holder in respect thereof will terminate (other than the right to receive the Fundamental Change Purchase Price and any previously accrued and unpaid interest on such Notes upon delivery or book-entry transfer of such NotesNote).

Appears in 1 contract

Samples: Supplemental Indenture (Tyson Foods Inc)

Deposit of Fundamental Change Purchase Price. Prior to 10:00 a.m., a.m. New York City time, on the Fundamental Change Purchase Date, the Issuer Company shall deposit with the Paying Agent (or, if the Issuer Company, the Guarantor or a Subsidiary or an Affiliate of either of them is acting as the Paying Agent, shall segregate and hold in trust as provided herein) an amount of money (in immediately available funds if deposited on such Business Day) sufficient to pay the Fundamental Change Purchase Price of all the Notes Securities or portions thereof that are to be purchased as of the Fundamental Change Purchase Date. If the Paying Agent holds cash sufficient to pay the Fundamental Change Purchase Price of the Notes Securities for which a Fundamental Change Purchase Notice has been surrendered tendered and not withdrawn in accordance with this Supplemental Indenture on the Fundamental Change Purchase Date, then on and after as of such Fundamental Change Purchase Date, (a) such Notes Securities will cease to be outstanding Outstanding and interest will cease to accrue thereon (whether or not book-entry transfer of such Notes Securities is made or such Notes Securities have been delivered to the Paying Agent) and (b) all other rights of the Holders in respect thereof will terminate (other than the right to receive the Fundamental Change Purchase Price and (including, if applicable, any previously accrued and unpaid interest on such Notes interest) upon delivery or book-entry transfer of such NotesSecurities).

Appears in 1 contract

Samples: First Supplemental Indenture (PennyMac Mortgage Investment Trust)

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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 Fundamental Change Purchase Date, the Issuer Company shall deposit with the Trustee or with the Paying Agent (or, if the Issuer 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 herein) an amount of money (in immediately available funds if deposited on such Business Day) sufficient to pay the Fundamental Change Purchase Price Price, of all the Notes or portions thereof that are to be purchased as of the Fundamental Change Purchase Date. If the Paying Agent holds cash sufficient to pay the Fundamental Change Purchase Price of the Notes any Note for which a Fundamental Change Purchase Notice has been surrendered tendered and not withdrawn in accordance with this Supplemental Indenture on the Fundamental Change Purchase Date, then on and after as of such Fundamental Change Purchase Date, (a) such Notes Note will cease to be outstanding and interest interest, including any Additional Interest, if any, will cease to accrue thereon (whether or not book-entry transfer of such Notes Note is made or such Notes have been Note is delivered to the Paying Agent) and (b) all other rights of the Holders Holder in respect thereof will terminate (other than the right to receive the Fundamental Change Purchase Price and any previously accrued and unpaid interest on such Notes upon delivery or book-entry transfer of such Notes)Price.

Appears in 1 contract

Samples: Indenture (Wyndham Worldwide Corp)

Deposit of Fundamental Change Purchase Price. Prior to 10:00 a.m., New York City time, on the Fundamental Change Purchase Date, the Issuer Company shall deposit with the Paying Agent (or, if the Issuer Company or a Subsidiary or an Affiliate of either of them the Company is acting as the Paying Agent, shall segregate and hold in trust as provided herein) , an amount of money cash (in immediately available funds if deposited on such Business Day) the Fundamental Change Purchase Date), sufficient to pay the aggregate Fundamental Change Purchase Price of all the Notes or portions thereof that are to be purchased as of the Fundamental Change Purchase Date. If on the Fundamental Change Purchase Date the Paying Agent holds cash or securities sufficient to pay the Fundamental Change Purchase Price of the Notes for which a Fundamental Change Purchase Notice has been surrendered and not withdrawn that Holders have elected to require the Company to purchase in accordance with this Indenture Section 16.01, then, on the Fundamental Change Purchase Date, then on and after such Fundamental Change Purchase Date, (a) such Notes will cease to be outstanding and outstanding, interest will cease to accrue thereon (whether or not book-entry transfer of such the Notes is made or such Notes have been the Note is delivered to the Paying Agent) and (b) all other rights of the Holders in respect thereof of such Notes will terminate (other than the right to receive the Fundamental Change Purchase Price and any previously accrued and unpaid interest on such Notes upon delivery or book-entry transfer of such the Notes). This will be the case whether or not book-entry transfer of the Notes has been made or the Notes have been delivered to the Paying Agent.

Appears in 1 contract

Samples: Claiborne Liz Inc

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 Fundamental Change Purchase Date, the Issuer Company shall deposit with the Paying Agent (or, if the Issuer 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 herein) an amount of money (in immediately available funds if deposited on such Business Day) sufficient to pay the Fundamental Change Purchase Price of all the Notes or portions thereof that are to be purchased as of the Fundamental Change Purchase Date. If the Paying Agent holds cash sufficient to pay the Fundamental Change Purchase Price of the Notes for which a Fundamental Change Purchase Notice has been surrendered tendered and not withdrawn in accordance with this Indenture on the Fundamental Change Purchase Date, then on and after as of such Fundamental Change Purchase Date, (a) such Notes will cease to be outstanding and interest will cease to accrue thereon (whether or not book-entry transfer of such Notes is made or such Notes have been delivered to the Paying Agent) and (b) all other rights of the Holders in respect thereof will terminate (other than the right to receive the Fundamental Change Purchase Price and any previously accrued and unpaid interest on such Notes upon delivery or book-entry transfer of such Notes).

Appears in 1 contract

Samples: Indenture (Proofpoint Inc)

Deposit of Fundamental Change Purchase Price. Prior to 10:00 11:30 a.m., New York City time, on the Business Day following the Fundamental Change Purchase Date, the Issuer Company shall deposit with the Trustee or with the Paying Agent (or, if the Issuer 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 hereinin Section 9.3 of the Original Indenture) an amount of money (in immediately available funds if deposited on such Business Day) sufficient to pay the aggregate Fundamental Change Purchase Price of all the 2015 Notes or portions thereof that which are to be purchased as of the Fundamental Change Purchase Date. If the Trustee or any Paying Agent holds cash money sufficient to pay the Fundamental Change Purchase Price of such 2015 Note or portion thereof on the Notes for which a Fundamental Change Purchase Notice has been surrendered and not withdrawn in accordance with this Indenture on Business Day following the Fundamental Change Purchase Date, in accordance with the terms of this Third Supplemental Indenture, then on from and after such the Fundamental Change Purchase Date, (a) such Notes 2015 Note or portion thereof will cease to be outstanding Outstanding and interest on such 2015 Note or portion thereof will cease to accrue thereon (accrue, whether or not book-entry transfer of such Notes 2015 Note or portion thereof is made or such Notes have been delivered to the Trustee or any Paying Agent) and (b) . Thereafter, all other rights of the Holders in respect thereof will terminate (Holder shall terminate, other than the right to receive the Fundamental Change Purchase Price and any previously accrued and unpaid interest on such Notes upon delivery or book-entry transfer of such Notes2015 Note (together with any necessary endorsements).

Appears in 1 contract

Samples: Third Supplemental Indenture (Continental Airlines Inc /De/)

Deposit of Fundamental Change Purchase Price. Prior to 10:00 a.m., New York City time, on the Fundamental Change Purchase Date, Date the Issuer Company shall deposit with the Paying Agent (or, if the Issuer 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 herein) an amount of money in U.S. dollars (in immediately available funds if deposited on such Business Day) sufficient to pay the Fundamental Change Purchase Price of all the Notes or portions thereof that are to be purchased as of the Fundamental Change Purchase Date. If the Paying Agent holds cash sufficient to pay the Fundamental Change Purchase Price of the Notes for which a Fundamental Change Purchase Notice has been surrendered delivered and not withdrawn in accordance with this Indenture on the Fundamental Change Purchase Date, Date then on and after as of such Fundamental Change Purchase Date, (a) such Notes will cease to be outstanding Outstanding and interest will cease to accrue thereon (whether or not book-entry transfer of such Notes is made or such Notes have been delivered to the Paying Agent) and (b) all other rights of the Holders in respect thereof will terminate (other than the right to receive the Fundamental Change Purchase Price and any previously accrued and unpaid interest interest, if not included in the Fundamental Change Purchase Price, on such Notes upon delivery or book-entry transfer of such Notes).

Appears in 1 contract

Samples: Indenture (Golar LNG LTD)

Deposit of Fundamental Change Purchase Price. Prior to 10:00 a.m., New York City time, on the applicable Fundamental Change Purchase Date, the Issuer Company shall irrevocably deposit with the Paying Agent (or, if the Issuer or a Subsidiary or an Affiliate of either of them is acting as the Paying Agent, shall segregate and hold in trust as provided herein) an amount of money 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 that which are to be purchased as of the such Fundamental Change Purchase Date. If the Paying Agent holds holds, in accordance with the terms hereof, at 10:00 a.m., New York City time, on the applicable Fundamental Change Purchase Date, cash sufficient to pay the Fundamental Change Purchase Price of the any Notes for which a Fundamental Change Purchase Notice has been surrendered tendered and not withdrawn in accordance with this Indenture pursuant to Section 5.2(b), then, on the Fundamental Change Purchase Date, then on and after such Fundamental Change Purchase Date, (a) such Notes will shall cease to be outstanding and interest will and Contingent Interest and Additional Interest, if any, on such Notes shall cease to accrue thereon (accrue, whether or not book-entry transfer of such Notes is made and whether or not such Notes have been are delivered to the Paying Agent) , and (b) all other the rights of the Holders in respect thereof will shall terminate (other than the right to receive the Fundamental Change Purchase Price and any previously accrued and unpaid interest on such Notes upon delivery or book-entry transfer of such Notes). The Company shall make a Public Notice of the aggregate principal amount of Notes purchased as a result of such Fundamental Change on or as soon as practicable after the Fundamental Change Purchase Date.

Appears in 1 contract

Samples: Synaptics Incorporated (Synaptics Inc)

Deposit of Fundamental Change Purchase Price. Prior to 10:00 a.m., 11:00 a.m. (local time in The City of New York City time, York) on the Fundamental Change Purchase Date, the Issuer Company shall deposit with the Trustee or with the Paying Agent (or, if the Issuer 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 hereintrust) an amount of money (in immediately available funds if deposited on such Business Day) sufficient to pay the Fundamental Change Purchase Price Price, of all the Notes or portions thereof that are to be purchased as of the Fundamental Change Purchase Date. If the Paying Agent holds cash sufficient to pay the Fundamental Change Purchase Price of the Notes any Note for which a Fundamental Change Purchase Notice has been surrendered tendered and not withdrawn in accordance with this Supplemental Indenture on the Fundamental Change Purchase Date, then on and after as of such Fundamental Change Purchase Date, (a) such Notes Note will cease to be outstanding and interest (including Additional Interest, if any) will cease to accrue thereon (whether or not book-entry transfer of such Notes Note is made or such Notes have been Note is delivered to the Paying Agent) and (b) all other rights of the Holders Holder in respect thereof will terminate (other than the right to receive the Fundamental Change Purchase Price and any previously accrued and unpaid interest on such Notes upon delivery or book-entry transfer of such NotesPrice).

Appears in 1 contract

Samples: Supplemental Indenture (Johnson Controls Inc)

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 Fundamental Change Purchase Date, the Issuer Company shall deposit with the Paying Agent (or, if the Issuer 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 herein) an amount of money (in immediately available funds if deposited on such Business Day) sufficient to pay the Fundamental Change Purchase Price of all the Notes or portions thereof that are to be purchased as of the Fundamental Change Purchase Date. If the Paying Agent holds cash money sufficient to pay the Fundamental Change Purchase Price of the Notes for which a Fundamental Change Purchase Notice has been surrendered tendered and not withdrawn in accordance with this Indenture on the Fundamental Change Purchase Date, then on and after as of such Fundamental Change Purchase Date, (a) such Notes will cease to be outstanding and interest will cease to accrue thereon (whether or not book-entry transfer of such Notes is made or such Notes have been delivered to the Paying Agent) and (b) all other rights of the Holders in respect thereof will terminate (other than the right to receive the Fundamental Change Purchase Price and any previously accrued and unpaid interest on such Notes upon delivery or book-entry transfer of such Notes).

Appears in 1 contract

Samples: Indenture (Proofpoint Inc)

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