Deposit of Fundamental Change Repurchase Price. Prior to 12:00 p.m. (New York City time) on the Business Day prior to the Fundamental Change Repurchase Date, the Company shall deposit with the Trustee or with the Paying Agent (or, if the 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 in Section 2.04) an amount of money (in immediately available funds if deposited on such Trading Day) sufficient to pay the aggregate Fundamental Change Repurchase Price of all the Notes or portions thereof which are to be repurchased as of the Fundamental Change Repurchase Date. If the Paying Agent holds money sufficient to pay the Fundamental Change Repurchase Price with respect to the Notes to be repurchased on the Fundamental Change Repurchase Date in accordance with the terms of this Indenture, then, immediately on and after the Fundamental Change Repurchase Date, the Accreted Principal Amount on such Notes shall cease to accrete, whether or not the Notes are delivered to the Paying Agent, and all other rights of the Holders of such Notes shall terminate, other than the right to receive the Fundamental Change Repurchase Price upon delivery of such Notes.
Appears in 2 contracts
Samples: Indenture (Cadiz Inc), Indenture (Cadiz Inc)
Deposit of Fundamental Change Repurchase Price. Prior to 12:00 p.m. (New York City time) on the Business Day or prior to the Fundamental Change Repurchase Date, the Company shall deposit with the Trustee or with the Paying Agent (or, if the 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 in Section 2.04) an amount of money (in immediately available funds if deposited on such Trading Day) sufficient to pay the aggregate Fundamental Change Repurchase Price of all the Notes or portions thereof which are to be repurchased as of the Fundamental Change Repurchase Date. If the Paying Agent holds money sufficient to pay the Fundamental Change Repurchase Price with respect to the Notes to be repurchased on the Fundamental Change Repurchase Date in accordance with the terms of this Indenture, then, immediately on and after the Fundamental Change Repurchase Date, the Accreted Principal Amount interest on such Notes shall cease to accreteaccrue, whether or not the Notes are delivered to the Paying Agent, and all other rights of the Holders of such Notes shall terminate, other than the right to receive the Fundamental Change Repurchase Price upon delivery of such Notes.
Appears in 2 contracts
Samples: Indenture (Callaway Golf Co), Indenture (Callaway Golf Co)
Deposit of Fundamental Change Repurchase Price. Prior to 12:00 p.m. 10:00 a.m. (New York City time) on the Business Day prior to following the Fundamental Change Repurchase Date, the Company shall deposit with the Trustee or with the Paying Agent (or, or if the Company or a Subsidiary of the Company or an Affiliate of either any of them is acting as the Paying Agent, shall segregate and hold in trust as provided in Section 2.04herein) an amount of money cash (in immediately available funds if deposited on such Trading Business Day) sufficient to pay the aggregate Fundamental Change Repurchase Price of all the Notes Securities or portions thereof which are to be repurchased as of the on such Fundamental Change Repurchase Date. If the Paying Agent holds money holds, in accordance with the terms hereof, at 10:00 a.m. (New York City time) on the Business Day immediately following the applicable Fundamental Change Repurchase Date, cash sufficient to pay the Fundamental Change Repurchase Price with respect to the Notes to be repurchased on the of any Securities for which a Fundamental Change Repurchase Date in accordance with the terms of this IndentureNotice has been tendered and not withdrawn pursuant to Section 13.02, then, immediately on and after the such Fundamental Change Repurchase Date, the Accreted Principal Amount on such Notes shall Securities will cease to accrete, whether or not the Notes are delivered to the Paying Agentbe outstanding, and all other the rights of the Holders of such Notes in respect thereof shall terminate, terminate (other than the right to receive the Fundamental Change Repurchase Price upon delivery of such NotesSecurities).
Appears in 1 contract
Samples: Indenture (JDS Uniphase Corp /Ca/)
Deposit of Fundamental Change Repurchase Price. Prior to 12:00 p.m. (10:00 a.m., New York City time) , on the Business Day prior to the Fundamental Change Repurchase Date, the Company shall deposit with the Trustee or with the Paying Agent (or, if the 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 in Section 2.04) 2.06, an amount of money cash (in immediately available funds if deposited on such Trading Day) the Fundamental Change Repurchase Date), sufficient to pay the aggregate Fundamental Change Repurchase Price of all the Notes or portions thereof which that are to be repurchased as of the Fundamental Change Repurchase Date. If on the Fundamental Change Repurchase Date the Paying Agent holds money cash sufficient to pay the Fundamental Change Repurchase Price with respect to of the Notes that Holders have elected to be repurchased on require the Fundamental Change Repurchase Date Company to repurchase in accordance with the terms of this IndentureSection 3.01, then, immediately on and after the Fundamental Change Repurchase Date, the Accreted Principal Amount on such Notes shall cease to accretebe outstanding, whether or not the Notes are delivered interest shall cease to the Paying Agent, accrue and all other rights of the Holders of such Notes shall terminate, other than the right to receive the Fundamental Change Repurchase Price upon delivery or book-entry transfer of such the Notes. This shall 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.
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Deposit of Fundamental Change Repurchase Price. Prior to 12:00 p.m. (11:00 a.m., New York City time) , on the Business Day prior to the Fundamental Change Repurchase Date, the Company shall deposit with the Trustee or with the Paying Agent (or, if the Company or a Wholly Owned 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 in Section 2.04) 2.06, an amount of money (cash in immediately available funds if deposited on such Trading Day) funds, sufficient to pay the aggregate Fundamental Change Repurchase Price of all the Notes or portions thereof which that are to be repurchased as of the Fundamental Change Repurchase Date. If the Trustee or Paying Agent holds money on the Fundamental Change Repurchase Date cash sufficient to pay the Fundamental Change Repurchase Price with respect to of the Notes that Holders have elected to be repurchased on require the Fundamental Change Repurchase Date Company to repurchase in accordance with the terms of this IndentureSection 3.01, then, immediately on and after as of the Fundamental Change Repurchase Date, the Accreted Principal Amount on :
(i) such Notes shall cease to accretebe outstanding and interest shall cease to accrue, whether or not book-entry transfer of the Notes are has been made or the Notes have been delivered to the Paying Agent, and as the case may be; and
(ii) all other rights of the Holders of such Notes shall terminate, other than the right to receive the Fundamental Change Repurchase Price upon delivery or transfer of such Notes.
Appears in 1 contract
Samples: Indenture (Stone Energy Corp)
Deposit of Fundamental Change Repurchase Price. Prior to 12:00 p.m. 10:00 a.m. (New York City time) on the Business Day prior to following the Fundamental Change Repurchase Date, the Company shall deposit with the Trustee or with the Paying Agent (or, or if the Company or a Subsidiary of the Company or an Affiliate of either any of them is acting as the Paying Agent, shall segregate and hold in trust as provided in Section 2.04herein) an amount of money cash (in immediately available funds if deposited on such Trading Business Day) sufficient to pay the aggregate Fundamental Change Repurchase Price of all the Notes Securities or portions thereof which are to be repurchased as of the on such Fundamental Change Repurchase Date. If the Paying Agent holds money holds, in accordance with the terms hereof, at 10:00 a.m. (New York City time) on the Business Day immediately following the applicable Fundamental Change Repurchase Date, cash sufficient to pay the Fundamental Change Repurchase Price with respect to the Notes to be repurchased on the of any Securities for which a Fundamental Change Repurchase Date in accordance with the terms of this IndentureNotice has been tendered and not withdrawn pursuant to Section 11.03, then, immediately on and after the such Fundamental Change Repurchase Date, the Accreted Principal Amount on such Notes shall Securities will cease to accrete, whether or not the Notes are delivered to the Paying Agentbe outstanding, and all other the rights of the Holders of such Notes in respect thereof shall terminate, terminate (other than the right to receive the Fundamental Change Repurchase Price upon delivery of such NotesSecurities).
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