Designated Event. A Designated Event occurs with respect to a Party or its Credit Support Provider (if any), and the creditworthiness of the Party or its Credit Support Provider or, if applicable, the successor, surviving or transferee entity of the Party or its Credit Support Provider (as applicable) is materially weaker than that of the Party or its Credit Support Provider immediately prior to such Designated Event.
Designated Event. Upon a Designated Event, the Company shall make a Designated Event Offer to repurchase all outstanding Convertible Subordinated Notes at a price equal to 101% of the aggregate principal amount of the Convertible Subordinated Notes, plus accrued and unpaid interest (and Liquidated Damages, if any) to, but excluding, the date of repurchase, such offer to be made as provided in the Indenture. To accept the Designated Event Offer, the holder hereof must comply with the terms thereof, including surrendering this Convertible Subordinated Note, with the "Option of Holder to Elect Repurchase" portion hereof completed, to the Company, a depositary, if appointed by the Company, or a Paying Agent, at the address specified in the notice of the Designated Event Offer mailed to holders as provided in the Indenture, prior to termination of the Designated Event Offer.
Designated Event. (a) Upon the occurrence of a Designated Event, each holder of Securities shall have the right, in accordance with this Section 4.07 and Section 3.08 hereof, to require the Company to repurchase all or any part (equal to $1,000 or an integral multiple thereof) of such holder's Securities pursuant to the terms of Section 3.08 (the "Designated Event Offer") at a purchase price equal to 101% of the principal amount thereof, plus accrued and unpaid interest thereon to the Designated Event Payment Date (the "Designated Event Payment").
(b) Within 30 days following any Designated Event, the Company shall mail to each holder the notice provided by Section 3.08(e).
Designated Event. Upon the occurrence of a Designated Event, the Company shall make a Designated Event Offer to repurchase all outstanding Convertible Notes at a price equal to 100% of the aggregate principal amount of the Convertible Notes, plus accrued and unpaid interest to, but excluding, the date of repurchase, such offer to be made as provided in the Indenture. To accept the Designated Event Offer, the holder hereof must comply with the terms thereof, including surrendering this Convertible Note, with the “Option of Holder to Elect Repurchase” portion hereof completed, to the Company, a depositary, if appointed by the Company, or a Paying Agent, at the address specified in the notice of the Designated Event Offer mailed to holders as provided in the Indenture, prior to the Designated Event Offer Termination Date.
Designated Event. If a Designated Event occurs prior to the Expiration Date and a Warrantholder elects to exercise Warrants in connection with such Designated Event, the number of shares to which the Warrantholder is entitled will be increased with respect to such exercised Warrants, as described in the Warrant Agreement.
Designated Event. Upon a Designated Event, the Company shall make a Designated Event Offer to repurchase all outstanding Notes at a price equal to 100% of the aggregate principal amount of the Notes, plus accrued and unpaid interest to, but excluding, the date of repurchase, such offer to be made as provided in the Indenture. To accept the Designated Event Offer, the holder hereof must comply with the terms thereof, including surrendering this Note, with the "Option of Holder to Elect Repurchase" portion hereof completed, to the Company, a depositary, if appointed by the Company, or a Paying Agent, at the address specified in the notice of the Designated Event Offer mailed to holders as provided in the Indenture, prior to termination of the Designated Event Offer. If there shall occur a Designated Event that constitutes a Change of Control, the Company shall pay a "Make Whole Premium" in certain circumstances as described in the Indenture.
Designated Event. Upon the occurrence of a Designated Event, the Company shall make a Designated Event Offer to repurchase all outstanding Notes at a price equal to 100% of the aggregate principal amount of the Notes, plus accrued and unpaid interest to, but excluding, the date of repurchase, such offer to be made as provided in the Indenture. To accept the Designated Event Offer, the Holder hereof must comply with the terms thereof, including surrendering this Note, with the "Designated Event Purchase Notice" portion hereof completed, to the Company, a depositary, if appointed by the Company, or a Paying Agent, at the address specified in the notice of the Designated Event Offer mailed to Holders as provided in the Indenture, prior to the close of business on the Business Day immediately preceding the Designated Event Purchase Date.
Designated Event. 28 SECTION 4.8 Shareholder Rights Plan...............................................................28 ARTICLE V - CONVERSION...............................................................................................28
Designated Event. (a) If a Change of Control (subject to certain exceptions set forth below) or a Termination of Trading occurs (each such event, a “Designated Event”), any portion of this Debenture not previously converted or redeemed shall be redeemed by the Company, at the option of the Holder, at a Redemption Price equal to 100% of the outstanding principal amount of the portion of this Debenture to be redeemed, plus an amount equal to all accrued and unpaid interest on such principal amount (such amount of principal and interest to be redeemed being referred to herein as the “Designated Event Repurchase Price”) to, but not including, a date selected by the Company that is no less than 20 nor more than 35 calendar days following the date of the notice of a Designated Event delivered by the Company pursuant to Section 3.2(d) (the “Designated Event Repurchase Date”), subject to satisfaction by or on behalf of the Holder of the requirements set forth in Section 3.2(e).
(b) A “Change of Control” will be deemed to have occurred at such time after the Closing Date when any of the following has occurred:
(i) the acquisition by any Person, including any syndicate or group deemed to be a “person” under Section 13(d)(3) of the Exchange Act of beneficial ownership, directly or indirectly, through a purchase, merger or other acquisition transaction or series of purchase, merger or other acquisition transactions, of shares of the Capital Stock of the Company entitling that Person to exercise 50% or more of the total voting power of all shares of the Capital Stock of the Company entitled to vote generally in elections of directors, other than any acquisition by the Company, any Subsidiary of the Company, or any of the employee benefit plans of the Company (except that any of those Persons shall be deemed to have beneficial ownership of all securities it has the right to acquire, whether the right is currently exercisable or is exercisable only upon the occurrence of a subsequent condition);
(ii) the first day on which individuals who prior to such date constituted the Board of Directors (together with any new directors whose election by the Board of Directors or whose nomination for election by stockholders of the Company was approved by a vote of a majority of the Board of Directors then still in office who were either directors prior to such date or whose election or nomination for election was previously so approved) cease for any reason to constitute a majority of the Board of Di...
Designated Event. (a) Upon the occurrence of a Designated Event, each holder of Securities shall have the right, in accordance with this Section 4.7 and Section 3.8 hereof, to require the Company to repurchase all or any part (equal to $1,000 or an integral multiple thereof) of such holder's Securities pursuant to the terms of Section 3.8 (the "Designated Event Offer") at a purchase price in cash equal to 100% of the principal amount thereof, together with accrued and unpaid interest thereon, if any, to the Designated Event Payment Date, plus an amount payable in cash equal to the Designated Event Payment.
(b) Within 30 days following any Designated Event and on or before the Commencement Date, the Company shall mail to each holder the notice provided by Section 3.8(e).
(c) Payment by the Company of the Designated Event Payment upon the occurrence of a Designated Event is subject to the subordination provisions of Article VI.
