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

Deposit of Fundamental Change Purchase Price. On or before 11:00 a.m., New York City time, on the Fundamental Change Purchase Date, the Company shall deposit with the Paying Agent (other than the Company or an Affiliate of the Company) an amount of money (in immediately available funds if deposited on such Fundamental Change Purchase Date) sufficient to pay the aggregate Fundamental Change Purchase Price of all the Securities or portions thereof that are to be purchased as of such Fundamental Change Purchase Date. The manner in which the deposit required by this Section 4.03 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 Paying Agent shall have immediately available funds on the Fundamental Change Purchase Date. If a Paying Agent holds, in accordance with the terms hereof, money sufficient to pay the Fundamental Change Purchase Price of any Security for which a Fundamental Change Purchase Notice has been tendered and not withdrawn in accordance with this Indenture, then, on the Fundamental Change Purchase Date, (i) such Security will cease to be outstanding and interest will cease to accrue (whether or not book-entry transfer of such Security is made or whether or not such Security is delivered to the Paying Agent) and (ii) all other rights of the Holder in respect thereof shall terminate (other than the right to receive the Fundamental Change Purchase Price and previously accrued and unpaid interest as aforesaid). The Company shall publicly announce the principal amount of Securities purchased as a result of such Fundamental Change on or as soon as practicable after the Fundamental Change Purchase Date. To the extent that the aggregate amount of cash deposited by the Company pursuant to this Section 4.03 exceeds the aggregate Fundamental Change Purchase Price of the Securities or portions thereof that the Company is obligated to purchase, then promptly after the Fundamental Change Purchase Date the Paying Agent shall return any such excess cash to the Company.

Appears in 4 contracts

Samples: Supplemental Indenture (DHT Holdings, Inc.), First Supplemental Indenture (DHT Holdings, Inc.), First Supplemental Indenture (DHT Holdings, Inc.)

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Deposit of Fundamental Change Purchase Price. On the Fundamental Change Purchase Date, the Company shall, to the extent lawful accept for payment all the Debentures or portions thereof properly tendered pursuant to the Fundamental Change Offer and deliver or cause to be delivered to the Trustee the Debentures so accepted together with an Officers' Certificate, stating the aggregate principal amount of Debentures or portions thereof being purchased. On or before 11:00 a.m., New York City time, on the Fundamental Change 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 Fundamental Change Purchase DateBusiness Day) sufficient to pay the aggregate Fundamental Change Purchase Price of all the Securities Debentures or portions thereof that are to be purchased as of such Fundamental Change Purchase Date. The manner in which the deposit required by this Section 4.03 903 is made by the Company shall be at the option of the Company; provided provided, however, that such deposit shall be made in a manner such that the Trustee or a Paying Agent shall have immediately available funds on the Fundamental Change Purchase Date. If a Paying Agent holds, in accordance with the terms hereof, money funds sufficient to pay the Fundamental Change Purchase Price of any Security Debenture for which a Fundamental Change Purchase Notice has been tendered and not withdrawn in accordance with this Indenture, Supplemental Indenture then, on the Fundamental Change Purchase Date, (i) Date such Security will Debenture shall cease to be outstanding Outstanding and interest will cease to accrue (whether or not book-entry transfer of such Security is made or whether or not such Security is delivered to the Paying Agent) and (ii) all other rights of the Holder in respect thereof shall terminate (other than the right to receive the Fundamental Change Purchase Price and previously accrued and unpaid interest as aforesaidPrice). The Company shall publicly announce the principal amount of Securities Debentures purchased as a result of such Fundamental Change on or as soon as practicable after the Fundamental Change Purchase Date. To the extent that the aggregate amount of cash deposited by the Company pursuant to this Section 4.03 exceeds the aggregate Fundamental Change Purchase Price of the Securities or portions thereof that the Company is obligated to purchase, then promptly after the Fundamental Change Purchase Date the Paying Agent shall return any such excess cash to the Company.

Appears in 3 contracts

Samples: Dte Energy Co, Dte Energy Co, Dte Energy Co

Deposit of Fundamental Change Purchase Price. On the Fundamental Change Purchase Date, the Company shall, to the extent lawful accept for payment all the Notes or portions thereof properly tendered pursuant to the Fundamental Change Offer and deliver or cause to be delivered to the Trustee the Notes so accepted together with an Officers' Certificate, stating the aggregate principal amount of Notes or portions thereof being purchased. On or before 11:00 a.m., New York City time, on the Fundamental Change 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 Fundamental Change Purchase DateBusiness Day) sufficient to pay the aggregate Fundamental Change Purchase Price of all the Securities Notes or portions thereof that are to be purchased as of such Fundamental Change Purchase Date. The manner in which the deposit required by this Section 4.03 803 is made by the Company shall be at the option of the Company; provided provided, however, that such deposit shall be made in a manner such that the Trustee or a Paying Agent shall have immediately available funds on the Fundamental Change Purchase Date. If a Paying Agent holds, in accordance with the terms hereof, money funds sufficient to pay the Fundamental Change Purchase Price of any Security Note for which a Fundamental Change Purchase Notice has been tendered and not withdrawn in accordance with this Indenture, Supplemental Indenture then, on the Fundamental Change Purchase Date, (i) Date such Security will Note shall cease to be outstanding Outstanding and interest will cease to accrue (whether or not book-entry transfer of such Security is made or whether or not such Security is delivered to the Paying Agent) and (ii) all other rights of the Holder in respect thereof shall terminate (other than the right to receive the Fundamental Change Purchase Price and previously accrued and unpaid interest as aforesaidPrice). The Company shall publicly announce the principal amount of Securities Notes purchased as a result of such Fundamental Change on or as soon as practicable after the Fundamental Change Purchase Date. To the extent that the aggregate amount of cash deposited by the Company pursuant to this Section 4.03 exceeds the aggregate Fundamental Change Purchase Price of the Securities or portions thereof that the Company is obligated to purchase, then promptly after the Fundamental Change Purchase Date the Paying Agent shall return any such excess cash to the Company.

Appears in 3 contracts

Samples: Supplemental Indenture (Dte Energy Co), Indenture (Dte Energy Co), Indenture (Dte Energy Co)

Deposit of Fundamental Change Purchase Price. On or before 11:00 a.m., New York City time, on the Fundamental Change 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 Fundamental Change Purchase Date) sufficient to pay the aggregate Fundamental Change Purchase Price of all the Securities or portions thereof that are to be purchased as of such Fundamental Change Purchase Date. The manner in which the deposit required by this Section 4.03 3.03 is made by the Company shall be at the option of the Company; provided that such deposit shall be made in a manner reasonably acceptable to the Trustee and the Paying Agent such that the Trustee or a Paying Agent shall have immediately available funds on the Fundamental Change Purchase Date. If a Paying Agent holds, in accordance with the terms hereof, money sufficient to pay the Fundamental Change Purchase Price of any Security for which a Fundamental Change Purchase Notice has been tendered and not withdrawn in accordance with this the Indenture, then, on the Fundamental Change Purchase Date, (i) such Security will cease to be outstanding and interest will cease to accrue (whether or not book-entry transfer of such Security is made or whether or not such Security is delivered to the Paying Agent) and (ii) all other rights of the Holder in respect thereof shall terminate (other than the right to receive the Fundamental Change Purchase Price and previously accrued and unpaid interest as aforesaid). The Company shall publicly announce the principal amount of Securities purchased as a result of such Fundamental Change on or as soon as practicable after the Fundamental Change Purchase Date. To the extent that the aggregate amount of cash Cash deposited by the Company pursuant to this Section 4.03 3.03 exceeds the aggregate Fundamental Change Purchase Price of the Securities or portions thereof that the Company is obligated to purchase, then promptly after the Fundamental Change Purchase Date the Trustee or a Paying Agent Agent, as the case may be, shall return any such excess cash Cash to the Company.

Appears in 2 contracts

Samples: First Supplemental Indenture (Molson Coors Brewing Co), Molson Coors Capital Finance ULC

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Deposit of Fundamental Change Purchase Price. On or before 11:00 Prior to 10:00 a.m., New York City time, on the Fundamental Change Purchase Date, subject to extension to comply with applicable law, the Company shall deposit with the Trustee or with the Paying Agent (other than or, if the Company or a Subsidiary of the Company or an Affiliate of either of them is acting as the CompanyPaying Agent, shall segregate and hold in trust as provided herein) an amount of money (in immediately available funds if deposited on such Fundamental Change Purchase DateBusiness Day) sufficient to pay the aggregate Fundamental Change Purchase Price Price, of all the Securities or portions thereof that are to be purchased as of such the Fundamental Change Purchase Date. The manner Company shall promptly notify the Trustee in which writing of the deposit required by amount of any deposits of cash made pursuant to this Section 4.03 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 4.04. If the Paying Agent shall have immediately available funds on the Fundamental Change Purchase Date. If a Paying Agent holds, in accordance with the terms hereof, money holds cash sufficient to pay the Fundamental Change Purchase Price of any Security for which a Fundamental Change Purchase Notice has been tendered and not withdrawn in accordance with this IndentureSupplemental Indenture as of the Business Day following the Fundamental Change Purchase Date, then, then effective on the Fundamental Change Purchase Date, (ia) such Security will shall cease to be outstanding and interest will shall cease to accrue thereon (whether or not book-entry transfer of such Security is made or whether or not such Security is delivered to the Paying Agent) and (iib) all other rights of the Holder in respect thereof shall terminate (other than the right to receive the Fundamental Change Purchase Price and previously accrued and unpaid interest as aforesaid). The Company shall publicly announce the principal amount of Securities purchased as a result upon delivery or book-entry transfer of such Fundamental Change Security, or interest payable on or as soon as practicable after the Fundamental Change Purchase related Interest Payment Date. To the extent that the aggregate amount of cash deposited by the Company pursuant to this Section 4.03 exceeds the aggregate Fundamental Change Purchase Price of the Securities or portions thereof that the Company is obligated to purchase, then promptly after if the Fundamental Change Purchase Date occurs between the Paying Agent shall return any Record Date and such excess cash to the CompanyInterest Payment Date, as applicable).

Appears in 1 contract

Samples: Indenture (Trex Co Inc)

Deposit of Fundamental Change Purchase Price. On or before 11:00 a.m., New York City time, on the Fundamental Change 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 Fundamental Change Purchase Date) sufficient to pay the aggregate Fundamental Change Purchase Price of all the Securities or portions thereof that are to be purchased as of such Fundamental Change Purchase Date. The manner in which the deposit required by this Section 4.03 3.03 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 Fundamental Change Purchase Date. If a Paying Agent holds, in accordance with the terms hereof, money sufficient to pay the Fundamental Change Purchase Price of any Security for which a Fundamental Change Purchase Notice has been tendered and not withdrawn in accordance with this Indenture, then, on the Fundamental Change Purchase Date, (i) such Security will cease to be outstanding and interest will cease to accrue (whether or not book-entry transfer of such Security is made or whether or not such Security is delivered to the Paying Agent) and (ii) all other rights of the Holder in respect thereof shall terminate (other than the right to receive the Fundamental Change Purchase Price and previously accrued and unpaid interest as aforesaid). The Company shall publicly announce the principal amount of Securities purchased as a result of such Fundamental Change on or as soon as practicable after the Fundamental Change Purchase Date. To the extent that the aggregate amount of cash deposited by the Company pursuant to this Section 4.03 3.03 exceeds the aggregate Fundamental Change Purchase Price of the Securities or portions thereof that the Company is obligated to purchase, then promptly after the Fundamental Change Purchase Date the Trustee or a Paying Agent Agent, as the case may be, shall return any such excess cash to the Company.

Appears in 1 contract

Samples: Polymedica Corp

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