Deposit of Purchase Price. Prior to 10:00 a.m. (New York City time) on the Purchase Date, the Company shall deposit with the Trustee or with the Paying Agent an amount of Cash (in immediately available funds if deposited on such Purchase Date) and/or a number of shares of Common Stock sufficient to pay the aggregate Purchase Price of all of the Securities or portions thereof which are to be purchased as of the Purchase Date. The manner in which the deposit required by this Section 12.05 is made by the Company shall be at the option of the Company, 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 date of deposit. If a Paying Agent holds, in accordance with the terms hereof, Cash and/or Common Stock sufficient to pay the Purchase Price of any Security for which a Purchase Notice has been tendered and not withdrawn in accordance with this Indenture on the Purchase Date then, immediately after such Purchase Date, such Security will cease to be outstanding, interest (including Contingent Interest, if any) will cease to accrue and principal shall cease to accrete and the rights of the Holder in respect thereof shall terminate (other than the right to receive the Purchase Price as aforesaid). The Company shall publicly announce the Original Principal Amount of Securities of such series purchased on such Purchase Date on or as soon as practicable after such Purchase Date.
Appears in 1 contract
Samples: Indenture (DST Systems Inc)
Deposit of Purchase Price. Prior to 10:00 a.m. (a.m., New York City time) , on the applicable Purchase Date, the Company shall deposit with the Trustee Paying Agent (or, if the Company or with an Affiliate is acting as the Paying Agent Agent, shall segregate and hold in trust as provided in Section 2.4) an amount of Cash in cash (in immediately available funds if deposited on such Purchase Date) and/or a number of shares of Common Stock sufficient to pay the aggregate Purchase Price of all of the Securities or portions thereof which that are to be purchased as of the such Purchase Date. The manner in which the deposit required by this Section 12.05 is made by the Company shall be at the option of the Company, 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 date of deposit. If a Paying Agent holds, in accordance with the terms hereof, Cash and/or Common Stock at 10:00 a.m., New York City time on the applicable Purchase Date, cash sufficient to pay the Purchase Price of any Security for which a Purchase Notice has been tendered and not withdrawn in accordance with this Indenture on prior to the applicable Purchase Date then, immediately after such Purchase Date, such Security will Securities shall cease to be outstanding, outstanding and interest (including Contingent Interest and Additional Interest, if any) will cease to accrue and principal on such Securities shall cease to accrete accrue, whether or not such Securities are delivered to the Paying Agent, and the rights of the Holder in respect thereof shall terminate (other than the right to receive the Purchase Price as aforesaid). The Company shall publicly announce the Original Principal Amount of Securities upon delivery of such series purchased on such Purchase Date on or as soon as practicable after such Purchase DateSecurities).
Appears in 1 contract
Samples: Indenture (Quanex Corp)
Deposit of Purchase Price. Prior to 10:00 a.m. (a.m., New York City time) , on the applicable Purchase Date, the Company shall deposit with the Trustee Paying Agent (or with if the Company or a Subsidiary or an Affiliate of either of them is acting as the Paying Agent Agent, shall segregate and hold in trust as provided in Section 2.4) an amount of Cash cash (in immediately available funds if deposited on such Purchase DateBusiness Day) and/or a number of shares of Common Stock sufficient to pay the aggregate Purchase Price of all of the Securities or portions thereof which are to be purchased as of the such Purchase Date. The manner in which If the deposit required by this Section 12.05 is made by the Company shall be at the option of the Company, 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 date of deposit. If a Paying Agent holds, in accordance with the terms hereof, Cash and/or Common Stock at 10:00 a.m., New York City time, on the applicable Purchase Date, cash sufficient to pay the Purchase Price of any Security Securities for which a Purchase Notice has been tendered and not withdrawn in accordance with this Indenture on the Purchase Date pursuant to Section 4.2(b), then, immediately after on such Purchase Date, such Security will Securities shall cease to be outstanding, outstanding and interest (including Contingent and Additional Interest, if any) will cease to accrue and principal , on such Securities shall cease to accrete accrue, whether or not such Securities are delivered to the Paying Agent, and the rights of the Holder Holders in respect thereof shall terminate (other than the right to receive the Purchase Price as aforesaidupon delivery of such Securities). The Company shall publicly announce the Original Principal Amount of Securities of such series purchased on such the applicable Purchase Date on such date or as soon as practicable after thereafter, by publishing a notice containing such Purchase Dateinformation in a newspaper of general circulation in New York, New York or by publishing such information on the Company's website, or through such other public medium that reasonably could be expected to inform Holders of such information.
Appears in 1 contract
Deposit of Purchase Price. Prior to 10:00 a.m. (New York City time) on the Purchase Date, the Company shall deposit with the Trustee or with the Paying Agent an amount of Cash cash (in immediately available funds if deposited on such Purchase Date) and/or a number of shares of Common Stock sufficient to pay the aggregate Purchase Price of all of the Securities or portions thereof which are to be purchased as of the Purchase Date. The manner in which the deposit required by this Section 12.05 12.04 is made by the Company shall be at the option of the Company, PROVIDEDprovided, HOWEVERhowever, that such deposit shall be made in a manner such that the Trustee or a Paying Agent shall have immediately available funds on the date of deposit. If a Paying Agent holds, in accordance with the terms hereof, Cash and/or Common Stock cash sufficient to pay the Purchase Price of any Security for which a Purchase Notice has been tendered and not withdrawn in accordance with this Indenture on the Business Day following the Purchase Date then, immediately after such Purchase Date, such Security will cease to be outstanding, interest (including Accreted Interest, Contingent Interest and Additional Interest, if any) will cease to accrue and principal shall cease to accrete and the rights of the Holder in respect thereof shall terminate (other than the right to receive the Purchase Price as aforesaid). The Company shall publicly announce the Original Principal Amount of Securities of such series purchased on such Purchase Date on or as soon as practicable after such Purchase Date.
Appears in 1 contract
Samples: Indenture (Lockheed Martin Corp)
Deposit of Purchase Price. Prior to 10:00 11:00 a.m. (New York City time) on the Purchase Date, the Company shall deposit with the Trustee or with the Paying Agent an amount of Cash money (in immediately available funds if deposited on such Purchase DateBusiness Day) and/or a number of shares of Common Stock Stock, if permitted hereunder, sufficient to pay the aggregate Purchase Price of all of the Securities or portions thereof which are to be purchased as of the Purchase Date. The manner in which the deposit required by this Section 12.05 12.10 is made by the Company shall be at the option of the Company, 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 date of depositPurchase Date. If a Paying Agent holds, in accordance with the terms hereof, Cash money and/or Common Stock sufficient to pay the Purchase Price of any Security for which a Purchase Notice has been tendered and not withdrawn in accordance with this Indenture on the Business Day following the Purchase Date then, immediately after such Purchase Date, such Security will cease to be outstanding, interest (including Contingent Interest, if any) will cease to accrue and principal shall cease to accrete and the rights of the Holder in respect thereof shall terminate (other than the right to receive the Purchase Price as aforesaid). The Company shall publicly announce the Original Principal Amount of Securities of such series purchased on such Purchase Date on or as soon as practicable after such Purchase Date.
Appears in 1 contract
Deposit of Purchase Price. Prior to 10:00 a.m. (a.m., New York City time) , on the applicable Purchase Date, the Company shall deposit with the Trustee Paying Agent (or with if the Company or a Subsidiary or an Affiliate of either of them is acting as the Paying Agent Agent, shall segregate and hold in trust as provided in Section 2.4) an amount of Cash cash (in immediately available funds if deposited on such Purchase DateBusiness Day) and/or a number of shares of Common Stock sufficient to pay the aggregate Purchase Price of all of the Securities or portions thereof which are to be purchased as of the such Purchase Date. The manner in which If the deposit required by this Section 12.05 is made by the Company shall be at the option of the Company, 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 date of deposit. If a Paying Agent holds, in accordance with the terms hereof, Cash and/or Common Stock at 10:00 a.m., New York City time, on the applicable Purchase Date, cash sufficient to pay the Purchase Price of any Security Securities for which a Purchase Notice has been tendered and not withdrawn in accordance with this Indenture on the Purchase Date pursuant to Section 4.2(b), then, immediately after on such Purchase Date, such Security will Securities shall cease to be outstanding, outstanding and interest (including Contingent Interest, if any) will cease to accrue and principal on such Securities shall cease to accrete accrue, whether or not such Securities are delivered to the Paying Agent, and the rights of the Holder Holders in respect thereof shall terminate (other than the right to receive the Purchase Price as aforesaid). The Company shall publicly announce the Original Principal Amount of Securities upon delivery or transfer of such series purchased on such Purchase Date on or as soon as practicable after such Purchase DateSecurities).
Appears in 1 contract
Samples: Indenture (Komag Inc /De/)
Deposit of Purchase Price. Prior to 10:00 a.m. (11:00 a.m., New York City time) , on the Business Day next succeeding the applicable Purchase Date, the Company shall irrevocably deposit with the Trustee or with the Paying Agent an amount of Cash cash (in immediately available funds if deposited on such Purchase DateBusiness Day) and/or a number of shares of Common Stock (as applicable under the terms of this ARTICLE IV) sufficient to pay the aggregate Purchase Price of all of the Securities Notes or portions thereof which are to be purchased as of the such Purchase Date. The manner in which If the deposit required by this Section 12.05 is made by the Company shall be at the option of the Company, 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 date of deposit. If a Paying Agent holds, in accordance with the terms hereof, Cash at 11:00 a.m., New York City time, on the Business Day next succeeding the applicable Purchase Date, cash and/or shares of Common Stock (as applicable under the terms of this ARTICLE IV) sufficient to pay the Purchase Price of any Security Notes for which a Purchase Notice has been tendered and not withdrawn in accordance with this Indenture on the Purchase Date pursuant to Section 4.2(b), then, immediately after as of such Purchase Date, such Security will Notes shall cease to be outstandingoutstanding and interest, interest (including Contingent Additional Amounts and Additional Interest, if any) will cease to accrue and principal , on such Notes shall cease to accrete accrue, whether or not such Notes are delivered to the Paying Agent, and the rights of the Holder Holders in respect thereof shall terminate (other than the right to receive the Purchase Price as aforesaidupon delivery of such Notes). The Company shall publicly announce make a Public Notice of the Original Principal Amount aggregate principal amount of Securities of such series Notes purchased on such the applicable Purchase Date on such date or as soon as practicable after such Purchase Datethereafter.
Appears in 1 contract
Samples: Indenture (Willbros Group Inc)
Deposit of Purchase Price. Prior to 10:00 a.m. (New York City a.m., Eastern Standard time) , on the Business Day following the applicable Purchase Date, the Company shall irrevocably deposit with the Trustee or with the Paying Agent an amount of Cash cash (in immediately available funds if deposited on such Purchase DateBusiness Day) and/or a number of shares of Common Stock sufficient to pay the aggregate Purchase Price of all of the Securities or portions thereof which are to be purchased as of the such Purchase Date. The manner in which If the deposit required by this Section 12.05 is made by the Company shall be at the option of the Company, 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 date of deposit. If a Paying Agent holds, in accordance with the terms hereof, Cash and/or Common Stock at 10:00 a.m., Eastern Standard time, on the applicable Purchase Date (or such date specified in the preceding paragraph), cash sufficient to pay the Purchase Price of any Security Securities for which a Purchase Notice has been tendered and not withdrawn in accordance with this Indenture on the Purchase Date pursuant to Section 4.2(b), then, immediately after on such Purchase Date, such Security will Securities shall cease to be outstanding, outstanding and interest (including Contingent Additional Interest, if any) will on such Securities shall cease to accrue (whether or not book-entry transfer of the Securities is made or whether or not the Securities are delivered to the Paying Agent), and principal shall cease to accrete and the all other rights of the Holder in respect thereof shall Holders will terminate (other than the right to receive the Purchase Price as aforesaidupon delivery or transfer of the Securities). The Company shall publicly announce make a Public Notice of the Original Principal Amount aggregate principal amount of Securities of such series purchased on such the applicable Purchase Date on such date or as soon as practicable after such Purchase Datethereafter.
Appears in 1 contract
Samples: Indenture (DRS Technologies Inc)
Deposit of Purchase Price. (a) Prior to 10:00 a.m. (1:00 p.m., New York City time) , on the applicable Purchase Date, the Company shall deposit with the Trustee Paying Agent (or, if the Company or with an Affiliate of the Company is acting as the Paying Agent Agent, shall segregate and hold in trust as provided in Section 2.4) an amount of Cash in cash (in immediately available funds if deposited on such Purchase Date) and/or a number of shares of Common Stock sufficient to pay the aggregate Purchase Price of all of the Securities or portions thereof which that are to be purchased as of the on that Purchase Date. The manner in which the deposit required by this Section 12.05 is made by the Company shall be at the option of the Company, 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 date of deposit. If a Paying Agent holds, in accordance with the terms hereof, Cash and/or Common Stock at 1:00 p.m., New York City time, on the applicable Purchase Date, cash sufficient to pay the aggregate Purchase Price of any Security all Securities for which a Purchase Notice has been tendered delivered and not validly withdrawn in accordance with this Indenture on the Purchase Date Section 4.2(b), then, immediately on and after such Purchase Date, such Security will Securities shall cease to be outstanding, outstanding and interest (including Contingent Interest, if any) will cease to accrue and principal on such Securities shall cease to accrete accrue, whether or not such Securities are delivered by their Holders to the Paying Agent, and the rights of the Holder Holders in respect thereof shall terminate (other than the right to receive the Purchase Price as aforesaid). The Company shall publicly announce the Original Principal Amount of Securities upon delivery of such series purchased on such Purchase Date on or as soon as practicable after such Purchase DateSecurities by their Holders to the Paying Agent).
Appears in 1 contract
Samples: Indenture (Unisource Energy Corp)
Deposit of Purchase Price. Prior to 10:00 11:00 a.m. (New York City time) on the Purchase Date, the Company shall deposit with the Trustee or with the Paying Agent an amount of Cash cash (in immediately available funds if deposited on such Purchase DateBusiness Day) and/or a number of shares of Common Stock Stock, if permitted hereunder, sufficient to pay the aggregate Purchase Price of all of the Securities Notes or portions thereof which are to be purchased as of the Purchase Date. The manner in which the deposit required by this Section 12.05 610 is made by the Company shall be at the option of the Company, 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 date of depositPurchase Date. If a Paying Agent holds, in accordance with the terms hereof, Cash money and/or Common Stock sufficient to pay the Purchase Price of any Security Note for which a Purchase Notice has been tendered and not withdrawn in accordance with this Indenture on the Purchase Date then, immediately after such Purchase Date, such Security will Note shall cease to be outstanding, interest (including Contingent Interest, if any) will cease to accrue and principal shall cease to accrete Outstanding and the rights of the Holder in respect thereof shall terminate (other than the right to receive the Purchase Price as aforesaid). The Company shall publicly announce the Original Principal Amount of Securities of such series purchased on such Purchase Date on or as soon as practicable after such Purchase Date.
Appears in 1 contract
Deposit of Purchase Price. Prior to 10:00 a.m. 12:00 p.m. (noon), New York City time) , on the Purchase Date, the Company shall deposit with the Trustee Paying Agent (or with if the Company or a Subsidiary or an Affiliate of any of them is acting as the Paying Agent Agent, shall segregate and hold in trust as provided in Section 2.04) an amount of Cash (in immediately available funds if deposited on such Purchase DateBusiness Day) and/or a number of shares of Common Stock sufficient to pay the aggregate Purchase Price of all of the Securities or portions thereof which are to be purchased as of on the Purchase Date. The manner in which If the deposit required by this Section 12.05 is made by Paying Agent (other than the Company shall be at the option or an Affiliate of the Company, 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 date of deposit. If a Paying Agent ) holds, in accordance with the terms hereof, at 1:00 p.m., New York City time, on the Purchase Date, Cash and/or Common Stock sufficient to pay the Purchase Price of any Security Securities for which a Purchase Notice has been tendered and not withdrawn in accordance with this Indenture on the Purchase Date pursuant to Section 3.08(b), then, immediately on and after such the Purchase Date, such Security Securities will cease to be outstandingoutstanding and interest, interest if any (including Contingent Additional Interest, if any) ), on such Securities will cease to accrue and principal shall cease accrue, whether or not such Securities are delivered to accrete the Paying Agent, and the rights of the Holder Holders in respect thereof shall terminate (other than the right to receive the Purchase Price as aforesaid). The Company shall publicly announce the Original Principal Amount of Securities upon delivery of such series Securities, together with any necessary endorsement) and the purchased on such Purchase Date on or as soon as practicable after such Purchase DateSecurities shall be cancelled.
Appears in 1 contract
Samples: Indenture (Meritor Inc)
Deposit of Purchase Price. Prior to 10:00 11:00 a.m. (New York City time) on the Business Day immediately following the Purchase Date, the Company Issuer shall deposit with the Trustee or with the Paying Agent an amount of Cash cash (in immediately available funds if deposited on such Purchase DateBusiness Day) and/or a number of shares of Common Stock sufficient to pay the aggregate Purchase Price of all of the Securities or portions thereof which are to be purchased as of the Purchase Date. The manner in which the deposit required by this Section 12.05 15.04 is made by the Company Issuer shall be at the option of the CompanyIssuer, PROVIDEDprovided, HOWEVERhowever, that such deposit shall be made in a manner such that the Trustee or a Paying Agent shall have immediately available funds on the date of deposit. If a Paying Agent holds, in accordance with the terms hereof, Cash and/or Common Stock cash sufficient to pay the Purchase Price of any Security for which a Purchase Notice has been tendered and not withdrawn in accordance with this Indenture on the Business Day following the Purchase Date then, immediately after following such Purchase Date, such Security will cease to be outstanding, interest (including Contingent InterestInterest and Liquidated Damages, if any) will cease to accrue and principal shall cease to accrete and the rights of the Holder in respect thereof shall terminate (other than the right to receive the Purchase Price as aforesaid). The Company shall publicly announce the Original Principal Amount of Securities of such series purchased on such Purchase Date on or as soon as practicable after such Purchase Date.
Appears in 1 contract
Samples: Indenture (Lin Television Corp)
Deposit of Purchase Price. Prior to 10:00 11:00 a.m. (New York City time) on the Business Day immediately following the Purchase Date, the Company Issuer shall deposit with the Trustee or with the Paying Agent an amount of Cash cash (in immediately available funds if deposited on such Purchase DateBusiness Day) and/or a number of shares of Common Stock sufficient to pay the aggregate Purchase Price of all of the Securities or portions thereof which are to be purchased as of the Purchase Date. The manner in which the deposit required by this Section 12.05 13.04 is made by the Company Issuer shall be at the option of the CompanyIssuer, PROVIDEDprovided, HOWEVERhowever, that such deposit shall be made in a manner such that the Trustee or a Paying Agent shall have immediately available funds on the date of deposit. If a Paying Agent holds, in accordance with the terms hereof, Cash and/or Common Stock cash sufficient to pay the Purchase Price of any Security for which a Purchase Notice has been tendered and not withdrawn in accordance with this Indenture on the Business Day following the Purchase Date then, immediately after following such Purchase Date, such Security will cease to be outstanding, interest (including Contingent InterestInterest and Liquidated Damages, if any) will cease to accrue and principal shall cease to accrete and the rights of the Holder in respect thereof shall terminate (other than the right to receive the Purchase Price as aforesaid). The Company shall publicly announce the Original Principal Amount of Securities of such series purchased on such Purchase Date on or as soon as practicable after such Purchase Date.
Appears in 1 contract
Samples: Indenture (Getty Images Inc)