Common use of Deposit of Repurchase Price Clause in Contracts

Deposit of Repurchase Price. Prior to 11:00 A.M., New York City time, on the applicable Repurchase Date, the Company shall deposit with the Paying Agent (or if the Company or a Subsidiary or an Affiliate of any of them is acting as the Paying 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 Business Day) sufficient to pay the aggregate Repurchase Price of all the Securities or portions thereof which are to be repurchased on such Repurchase Date. If the Paying Agent (other than the Company or an Affiliate of the Company) holds, in accordance with the terms hereof, at 1:00 p.m., New York City time, on the applicable Repurchase Date, cash sufficient to pay the Repurchase Price of any Securities for which a Repurchase Notice has been tendered and not withdrawn pursuant to Section 3.08(B), then, on and after such Repurchase Date, such Securities will cease to be outstanding and interest, if any, on such Securities will cease to accrue, whether or not such Securities are delivered to the Paying Agent, and the rights of the Holders in respect thereof shall terminate (other than the right to receive the Repurchase Price upon delivery of such Securities, together with any necessary endorsement) and the repurchased Securities shall be cancelled.

Appears in 2 contracts

Samples: First Supplemental Indenture (Arris Group Inc), Indenture (Arris Group Inc)

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Deposit of Repurchase Price. Prior to 11:00 A.M., New York City time, on On or before the applicable Repurchase Date, the Company shall deposit with the Trustee or with the Paying Agent (or or, if the Company or a Subsidiary or an Affiliate of any of them is acting as the Paying Agent, shall segregate and hold in trust as provided in Section 2.042.4) an amount of cash (in immediately available funds if deposited on such Business Day) money sufficient to pay the aggregate Repurchase Price of all the Securities or portions thereof which that are to be repurchased on as of such Repurchase Date. The manner in which the deposit required by this Section 3.12 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 the Paying Agent shall have immediately available funds on the Repurchase Date; provided further, that if such payment is made on the Repurchase Date it must be received by the Trustee or Paying Agent, as the case may be, by 10:00 a.m., New York City time, on such date. If the Paying Agent (other than the Company or an Affiliate of the Company) holds, in accordance with the terms hereof, at 1:00 p.m., New York City time, on the applicable Repurchase Date, cash money sufficient to pay the Repurchase Price of any Securities Security tendered for which a repurchase on the Business Day prior to the Repurchase Notice has been tendered and not withdrawn pursuant to Section 3.08(B)Date, then, on and after such the Repurchase Date, such Securities Security will cease to be outstanding and interest, if any, interest on such Securities Security will cease to accrueaccrue and will be deemed paid, whether or not such Securities are Security is delivered to the Paying Agent, and the all other rights of the Holders Holder in respect thereof shall terminate (other than the right to receive the Repurchase Price upon delivery of such Securities, together with any necessary endorsement) and the repurchased Securities shall be cancelledSecurity).

Appears in 2 contracts

Samples: Indenture (Manugistics Group Inc), Indenture (Nco Group Inc)

Deposit of Repurchase Price. Prior to 11:00 A.M.10:00 a.m., New York City time, on the applicable Repurchase Date, the Company shall deposit with the Paying Agent (or or, if the Company or a Subsidiary or an Affiliate of any either of them is acting as the Paying Agent, shall segregate and hold in trust as provided in Section 2.04herein) an amount of cash money (in immediately available funds if deposited on such Business Day) sufficient to pay the aggregate Repurchase Price Price, of all the Securities or portions thereof which that are to be repurchased on such as of the Repurchase Date. The Company shall promptly notify the Trustee in writing of the amount of any deposits of cash made pursuant to this Section 8.04. If the Paying Agent (other than the Company or an Affiliate of the Company) holds, in accordance with the terms hereof, at 1:00 p.m., New York City time, on the applicable Repurchase Date, holds cash sufficient to pay the Repurchase Price of any Securities Security for which a Repurchase Notice has been tendered and not withdrawn pursuant in accordance with this Indenture as of the Close of Business on the Business Day prior to Section 3.08(B), then, on and after such the Repurchase Date, then immediately following the Repurchase Date, (a) such Securities Security will cease to be outstanding and interest, if any, on such Securities Interest will cease to accrue, accrue thereon (whether or not book-entry transfer of such Security is made or whether or not such Securities are Security is delivered to the Paying Agent, ) and the (b) all other rights of the Holders Holder in respect thereof shall will terminate (other than the right to receive the Repurchase Price and previously accrued and unpaid Interest upon delivery or transfer of such Securities, together with any necessary endorsement) and the repurchased Securities shall be cancelledSecurity).

Appears in 1 contract

Samples: Indenture (Rovi Corp)

Deposit of Repurchase Price. Prior to 11:00 A.M.1:00 p.m., New York City time, on the applicable Repurchase Date, the Company shall deposit with the Paying Agent (or if the Company or a Subsidiary or an Affiliate of any of them is acting as the Paying Agent, shall segregate and hold in trust as provided in Section 2.040) an amount of cash Cash (in immediately available funds if deposited on such Business Day) sufficient to pay the aggregate Repurchase Price of all the Securities or portions thereof which are to be repurchased on such Repurchase Date. If the Paying Agent (other than the Company or an Affiliate of the Company) holds, in accordance with the terms hereof, at 1:00 p.m., New York City time, on the applicable Repurchase Date, cash Cash sufficient to pay the Repurchase Price of any Securities for which a Repurchase Notice has been tendered and not withdrawn pursuant to Section 3.08(B)0, then, on and after such Repurchase Date, such Securities will cease to be outstanding and interest, if any (including Additional Interest, if any), on such Securities will cease to accrue, whether or not such Securities are delivered to the Paying Agent, and the rights of the Holders in respect thereof shall terminate (other than the right to receive the Repurchase Price upon delivery of such Securities, together with any necessary endorsement) and the repurchased Securities shall be cancelled.

Appears in 1 contract

Samples: Indenture (Arvinmeritor Inc)

Deposit of Repurchase Price. Prior to 11:00 A.M., New York City time, on the applicable Repurchase Date, the Company shall deposit with the Paying Agent (or if the Company or a Subsidiary or an Affiliate of any of them is acting as the Paying 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 Business Day) sufficient to pay the aggregate Repurchase Price of all the Securities or portions thereof which are to be repurchased on such Repurchase Date. If the Paying Agent (other than the Company or an Affiliate of the Company) holds, in accordance with the terms hereof, at 1:00 p.m., New York City time, on the applicable Repurchase Date, cash sufficient to pay the Repurchase Price of any Securities for which a Repurchase Notice has been tendered and not withdrawn pursuant to Section 3.08(B3.08(b), then, on and after such Repurchase Date, such Securities will cease to be outstanding and interest, if any, on such Securities will cease to accrue, whether or not such Securities are delivered to the Paying Agent, and the rights of the Holders in respect thereof shall terminate (other than the right to receive the Repurchase Price upon delivery of such Securities, together with any necessary endorsement) and the repurchased Securities shall be cancelled.

Appears in 1 contract

Samples: Indenture (Arris Group Inc)

Deposit of Repurchase Price. Prior to 11:00 A.M., New York City time, on On or before the applicable Repurchase Date, the Company shall deposit with the Trustee or with the Paying Agent (or or, if the Company or a Subsidiary or an Affiliate of any of them is acting as the Paying Agent, shall segregate and hold in trust as provided in Section 2.042.4) an amount of cash (in immediately available funds if deposited on such Business Day) money or a number of shares of Common Stock, as provided herein, sufficient to pay the aggregate Repurchase Price of all the Securities or portions thereof which that are to be repurchased on as of such Repurchase Date. The manner in which the deposit required by this Section 3.14 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 the Paying Agent shall have immediately available funds on the Repurchase Date; provided further, that if such payment is made on the Repurchase Date it must be received by the Trustee or Paying Agent, as the case may be, by 10:00 a.m., New York City time, on such date. If the Paying Agent (other than the Company or an Affiliate of the Company) holds, in accordance with the terms hereof, at 1:00 p.m.money or shares of Common Stock, New York City timeas provided herein, on the applicable Repurchase Date, cash sufficient to pay the Repurchase Price of any Securities Security tendered for which a repurchase on the Business Day prior to the Repurchase Notice has been tendered and not withdrawn pursuant to Section 3.08(B)Date, then, on and after such the Repurchase Date, such Securities Security will cease to be outstanding and interest, if any, interest on such Securities Security will cease to accrueaccrue and will be deemed paid, whether or not such Securities are Security is delivered to the Paying Agent, and the all other rights of the Holders Holder in respect thereof shall terminate (other than the right to receive the Repurchase Price upon delivery of such Securities, together with any necessary endorsement) and the repurchased Securities shall be cancelledSecurity).

Appears in 1 contract

Samples: Indenture (Incyte Pharmaceuticals Inc)

Deposit of Repurchase Price. Prior to On or before 11:00 A.M., a.m. New York City time, time on the applicable Repurchase Date, the Company shall deposit with the Trustee or with a Paying Agent (or if other than the Company or a Subsidiary or an Affiliate of any of them is acting as the Paying Agent, shall segregate and hold in trust as provided in Section 2.04Company) an amount of cash money (in immediately available funds if deposited on such Business Day) sufficient to pay the aggregate Repurchase Price of all the Securities 2007 Notes or portions thereof which that are to be repurchased on purchased as of such Repurchase Date. If The manner in which the Paying Agent (other than deposit required by this Section 1803 is made by the Company or an Affiliate 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 Repurchase Date. If a Paying Agent holds, in accordance with the terms hereof, at 1:00 p.m., New York City time, on the applicable Repurchase Date, cash money sufficient to pay the Repurchase Price of any Securities 2007 Notes for which a Repurchase Notice has been validly tendered and not withdrawn pursuant to Section 3.08(B), in accordance with this Indenture then, on and after such the Repurchase Date, such Securities 2007 Notes will cease to be outstanding and interest, if any, on such Securities will cease to accrue, whether or not such Securities are delivered to the Paying Agent, Outstanding and the rights of the Holders Holder in respect thereof shall terminate (other than the right to receive the Repurchase Price upon delivery as aforesaid), unless such payment is prohibited by Article Twelve hereof, in which case the 2007 Notes shall continue to accrue interest and be convertible until such prohibition no longer exists and the 2007 Notes are repurchased. The Company shall publicly announce the principal amount of 2007 Notes repurchased as a result of such Securities, together with any necessary endorsement) and Fundamental Change on or as soon as practicable after the repurchased Securities shall be cancelledRepurchase Date.

Appears in 1 contract

Samples: First Supplemental Indenture (Quanta Services Inc)

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Deposit of Repurchase Price. (a) Prior to 11:00 A.M.a.m., New York City time, on the applicable Change in Control Repurchase Date, the Company Issuer shall deposit with the Paying Agent (or or, if the Company or a Subsidiary or an Affiliate of any of them Issuer is acting as the Paying Agent, shall segregate and hold in trust as provided in Section 2.04) 4.04 an amount of cash (in immediately available funds if deposited on such Business Day) the Change in Control Repurchase Date), sufficient to pay the aggregate Repurchase Change in Control Purchase Price of all the Securities Notes or portions thereof which that are to be repurchased on such as of the Change in Control Repurchase Date. . (b) If on the Change in Control Repurchase Date the Paying Agent (other than the Company or an Affiliate of the Company) holds, in accordance with the terms hereof, at 1:00 p.m., New York City time, on the applicable Repurchase Date, cash holds money sufficient to pay the Repurchase Change in Control Purchase Price of any Securities for which a Repurchase Notice has been tendered and not withdrawn pursuant the Notes that holders have elected to require the Issuer to repurchase in accordance with Section 3.08(B)3.05, then, then on and after the Change in Control Repurchase Date such Repurchase Date, such Securities will Notes shall cease to be outstanding and interestoutstanding, if any, on such Securities will interest shall cease to accrue, whether or not accrue with respect to such Securities are delivered to the Paying Agent, Notes and the all other rights of the Holders in respect thereof holders of such Notes shall terminate (terminate, other than the right to receive the Repurchase Price upon delivery Change in Control Purchase Price. Such will be the case whether or not book-entry transfer of such Securitiesthe Note to the Paying Agent is made or whether or not Notes in certificated form, together with any necessary endorsement) and endorsements, are delivered to the repurchased Securities shall be cancelledPaying Agent.

Appears in 1 contract

Samples: Indenture (Ventas Inc)

Deposit of Repurchase Price. Prior On or prior to 11:00 A.M., 12:00 p.m. (New York City time, ) on the applicable 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 any either of them is acting as the Paying Agent, shall segregate and hold in trust as provided in Section 2.04) an amount of cash money (in immediately available funds if deposited on such Business Day) sufficient to pay the aggregate Repurchase Price of all the Securities Notes or portions thereof which are to be repurchased on such as of the Repurchase Date. The manner in which the deposit required by this Section 3.03 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 the Paying Agent shall have immediately available funds on the date of deposit. If the Paying Agent (other than the Company or an Affiliate of the Company) holds, in accordance with the terms hereof, at 1:00 p.m., New York City time, on the applicable Repurchase Date, cash holds money sufficient to pay the Repurchase Price with respect to the Notes to be repurchased on the Repurchase Date in accordance with the terms of any Securities for which a Repurchase Notice has been tendered and not withdrawn pursuant to Section 3.08(B)this Indenture, then, immediately on and after such the Repurchase Date, such Securities will cease to be outstanding and interest, if any, interest on such Securities will Notes shall cease to accrue, whether or not such Securities the Notes are delivered to the Paying Agent, and the all other rights of the Holders in respect thereof of such Notes shall terminate (terminate, other than the right to receive the Repurchase Price upon delivery of such Securities, together with any necessary endorsement) and the repurchased Securities shall be cancelledNotes.

Appears in 1 contract

Samples: Indenture (Healthsouth Corp)

Deposit of Repurchase Price. Prior to 11:00 A.M., New York City time, on On or before the applicable Repurchase Date, the Company shall deposit with the Trustee or with the Paying Agent (or or, if the Company or a Subsidiary or an Affiliate of any of them is acting as the Paying Agent, shall segregate and hold in trust as provided in Section 2.042.4) an amount of cash (in immediately available funds if deposited on such Business Day) money or a number of shares of Common Stock, as provided herein, sufficient to pay the aggregate Repurchase Price of all the Securities or portions thereof which that are to be repurchased on as of such Repurchase Date. The manner in which the deposit required by this Section 3.13 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 the Paying Agent shall have immediately available funds on the Repurchase Date; PROVIDED FURTHER, that if such payment is made on the Repurchase Date it must be received by the Trustee or Paying Agent, as the case may be, by 10:00 a.m., New York City time, on such date. If the Paying Agent (other than the Company or an Affiliate of the Company) holds, in accordance with the terms hereof, at 1:00 p.m., New York City time, on the applicable Repurchase Date, cash money sufficient to pay the Repurchase Price of any Securities Security tendered for which a repurchase on the Business Day prior to the Repurchase Notice has been tendered and not withdrawn pursuant to Section 3.08(B)Date, then, on and after such the Repurchase Date, such Securities Security will cease to be outstanding and interest, if any, interest on such Securities Security will cease to accrueaccrue and will be deemed paid, whether or not such Securities are Security is delivered to the Paying Agent, and the all other rights of the Holders Holder in respect thereof shall terminate (other than the right to receive the Repurchase Price upon delivery of such Securities, together with any necessary endorsement) and the repurchased Securities shall be cancelledSecurity).

Appears in 1 contract

Samples: Indenture (Pinnacle Holdings Inc)

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