Common use of Deposit of Repurchase Price Clause in Contracts

Deposit of Repurchase Price. Prior to 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 2.04) 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Cash sufficient to pay the Repurchase Price of any Securities for which a Repurchase Notice has been tendered and not withdrawn pursuant to Section 3.08(b), then, on and after such Repurchase Date, such Securities will cease to be outstanding and interest, if any (including Additional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 2 contracts

Samples: Indenture (Arvinmeritor Inc), Indenture (Arvinmeritor Inc)

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Deposit of Repurchase Price. Prior to 1:00 p.m., 11:00 a.m. (New York City time, Time) on the applicable Business Day following the 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 2.04) an amount of Cash cash (in immediately available funds if deposited on such Business Day) or Ordinary Shares, if permitted hereunder, sufficient to pay the aggregate Repurchase Price of all the Securities or portions thereof which that are to be repurchased on such purchased as of the Repurchase Date. If the Paying Agent (other than the Company holds sufficient funds and 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 Ordinary Securities sufficient to pay the aggregate Repurchase Price for all Securities or portions thereof that are to be repurchased as 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 the Repurchase Date, such Securities will cease to be outstanding and interest, if any (including Additional Interest, if any), on such Securities interest will cease to accrue, accrue thereon whether or not such book entry of the Securities are has been made or the Securities have been delivered to the Paying Agent, and . As soon as practicable after the rights of Repurchase Date the Holders in respect thereof Company shall terminate (other than the right deliver to each Holder entitled to receive Ordinary Shares through the Paying Agent, a certificate for the number of full Ordinary Shares issuable in payment of the Repurchase Price upon delivery and cash in lieu of such Securities, together with any necessary endorsement) and fractional interests. The person in whose name the repurchased Securities certificate for the Ordinary Shares is registered shall be cancelledtreated as a Holder of record of Ordinary Shares on the Business Day following the Repurchase Date. No payment or adjustment will be made for dividends on the Ordinary Shares the record date for which occurred on or prior to the Repurchase Date.

Appears in 2 contracts

Samples: Indenture (Apex Silver Mines LTD), Apex Silver Mines LTD

Deposit of Repurchase Price. Prior to 1:00 p.m.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 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(b3.08(B), 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 2 contracts

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

Deposit of Repurchase Price. Prior to 1:00 p.m., 10:00 a.m. (local time in The City of New York City time, York) on the applicable Repurchase Date, subject to extension to comply with applicable law, 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 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 purchased 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 5.04. 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, Cash holds cash sufficient to pay the Repurchase Price of any Securities Security for which a Repurchase Notice has been tendered and not withdrawn pursuant to Section 3.08(b), then, on and after such in accordance with this Indenture as of the Business Day following the Repurchase Date, then effective on the Repurchase Date, (a) such Securities will Security shall cease to be outstanding and interest, if any (including Additional Interest, if any), on such Securities will cease to accrue, accrue thereon (whether or not book-entry transfer of such Securities are Security is made or such 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, including Additional Interest, if any, upon delivery or book-entry transfer of such SecuritiesSecurity, together with any necessary endorsement) or interest payable on the related Interest Payment Date, if the Repurchase Date occurs between the Record Date and the repurchased Securities shall be cancelledsuch Interest Payment Date, as applicable).

Appears in 1 contract

Samples: Indenture (Inverness Medical Innovations Inc)

Deposit of Repurchase Price. Prior to 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 (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)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)

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Deposit of Repurchase Price. Prior to 1:00 p.m.11:00 a.m., New York City time, on the business day immediately following the applicable Repurchase Date, the Company shall deposit with the Paying Agent (or if the Company or a Subsidiary subsidiary of the Company 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 cash (in immediately available funds if deposited on such Business Daybusiness day) and/or shares of Common Stock, if permitted hereunder, sufficient to pay the aggregate Repurchase Price of all the Securities Convertible Notes or portions thereof which are to be repurchased on as of 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.11:00 a.m., New York City time, on the business day immediately following the applicable Repurchase Date, Cash and/or shares of Common Stock, if permitted hereunder, sufficient to pay the Repurchase Price of any Securities Convertible Notes for which a Repurchase Notice has been tendered and not withdrawn pursuant to Section 3.08(b)4.5, then, on and immediately after such Repurchase Date, such Securities Convertible Notes will cease to be outstanding and interest, if any interest (including Additional Contingent Interest, if any)) and Liquidated Damages, if any, on such Securities Convertible Notes will cease to accrue, whether or not such Securities Convertible Notes are delivered to the Paying Agent, and the rights of the Holders holders in respect thereof shall terminate (other than the right to receive the Repurchase Price upon delivery of such SecuritiesConvertible Notes). As soon as practicable on and after the Repurchase Date, together the Company shall deliver to each holder entitled to receive shares of Common Stock through the Paying Agent, a certificate (other than in the case of holders of Convertible Notes in book-entry form with any necessary endorsement) and the repurchased Securities Depositary, which shares shall be cancelleddelivered in accordance with the Depositary's customary practices) for the number of full shares of Common Stock issuable in payment of the Repurchase Price and cash in lieu of any fractional interests. The person in whose name the certificate for the shares of Common Stock is registered shall be treated as a holder of record of shares of Common Stock on the Repurchase Date. No payment or adjustment will be made for dividends on the shares of Common Stock the record date for which occurred prior to the Repurchase Date.

Appears in 1 contract

Samples: Gatx Corp

Deposit of Repurchase Price. Prior to 1:00 p.m., 10:00 a.m. (New York City time, ) on the applicable Business Day following the Repurchase Date, the Company shall deposit with the Trustee or 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 2.04herein) an amount of Cash cash (in immediately available funds if deposited on such Business Day) sufficient to pay the portion of the aggregate Repurchase Price of all the Securities or portions thereof which are to be repurchased on such Repurchase DateDate that is to be paid in cash as set forth in the relevant notice of Change in Control in accordance with Section 11.04. 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., 10:00 a.m. (New York City time, ) on the Business Day immediately following the applicable Repurchase Date, Cash cash sufficient to pay the portion of the Repurchase Price that is to be paid in cash of any Securities for which a Repurchase Notice has been tendered and not withdrawn pursuant to Section 3.08(b)11.05, then, on and immediately 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 Agentoutstanding, 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). As soon as practicable on and after the Change of Control Repurchase Date, together the Company shall deliver to each Holder entitled to receive shares of Applicable Stock, a certificate (other than in the case of Holders of Securities in book-entry form with any necessary endorsement) and the repurchased Securities Depositary, which shares shall be cancelleddelivered in accordance with the Depositary customary practices) for the number of full shares of Applicable Stock issuable in payment of the Change of Control Repurchase Price and cash in lieu of any fractional interests. The person in whose name the certificate for the shares of Applicable Stock is registered shall be treated as a holder of record of Applicable Stock on the Change of Control Repurchase Date. No payment or adjustment will be made for dividends on the shares of Applicable Stock the record date for which occurred on or prior to the Change of Control Repurchase Date.

Appears in 1 contract

Samples: Indenture (Sohu Com Inc)

Deposit of Repurchase Price. Prior to 1:00 p.m., New York City time, on the applicable Repurchase Date, the (a) The Company shall deposit with the Trustee (or other Paying Agent (appointed by the Company, or if the Company or a Subsidiary or an Affiliate of any of them is acting as the its own Paying Agent, shall set aside, segregate and hold in trust as provided in Section 2.044.03) an amount of Cash (in immediately available funds if deposited on such Business Day) sufficient or prior 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.11:00 a.m., New York City time, on the applicable Fundamental Change Repurchase Date or Asset Sale Repurchase Date, Cash as applicable, an amount of money sufficient to pay repurchase all of the Notes to be repurchased at the appropriate Fundamental Change Repurchase Price or Asset Sale Repurchase Price, as applicable. Subject to receipt of any Securities funds and/or Notes by the Trustee (or other Paying Agent appointed by the Company), payment for which a Repurchase Notice has been tendered Notes surrendered for repurchase (and not withdrawn pursuant prior to Section 3.08(b), then, the close of business on and after such the Business Day immediately preceding the Fundamental Change Repurchase Date in the case of a repurchase in connection with a Fundamental Change) will be made on the later of (i) the Fundamental Change Repurchase Date or Asset Sale Repurchase Date, such Securities will cease to be outstanding as applicable, (provided that the Holder has satisfied the conditions in Section 15.02 or Section 15.06, as applicable) and interest, if any (including Additional Interest, if any), on such Securities will cease to accrue, whether ii) the time of book-entry transfer 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 SecuritiesNote to the Trustee (or other Paying Agent appointed by the Company) by the Holder thereof in the manner required by Section 15.02 or Section 15.06, together with as applicable, in the case of Certificated Notes, by mailing checks for the amount payable to the Holders of such Notes entitled thereto as they shall appear in the Security Register and, in the case of Global Notes, by wire transfer of immediately available funds to the account of the Depositary or its nominee. The Trustee shall, promptly after such payment and upon written demand by the Company, return to the Company any necessary endorsement) and funds in excess of the repurchased Securities shall be cancelledFundamental Change Repurchase Price or Asset Sale Repurchase Price, as applicable.

Appears in 1 contract

Samples: Intercreditor Agreement (Karyopharm Therapeutics Inc.)

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