Common use of Effect of Fundamental Change Purchase Notice; Withdrawal Clause in Contracts

Effect of Fundamental Change Purchase Notice; Withdrawal. (a) Upon receipt by the Paying Agent of the Fundamental Change Purchase Notice specified in Section 5.01, the Holder of the Securities in respect of which such Fundamental Change Purchase Notice was given shall (unless such Fundamental Change Purchase Notice is validly withdrawn in accordance with the following paragraph) thereafter be entitled to receive solely the Fundamental Change Purchase Price with respect to such Securities. Such Fundamental Change Purchase Price shall be paid to such Holder, subject to receipt of funds and/or the Securities by the Paying Agent, promptly following the later of (x) the Fundamental Change Purchase Date with respect to such Securities (provided the Holder has satisfied the conditions in Section 5.01) and (y) the time of book-entry transfer or delivery of such Securities, together with necessary endorsements, to the Paying Agent by the Holder thereof in the manner required by Section 5.01. The Securities in respect of which a Fundamental Change Purchase Notice has been given by the Holder thereof may not be converted pursuant to Article 6 hereof on or after the date of delivery of such Fundamental Change Purchase Notice unless such Fundamental Change Purchase Notice has first been validly withdrawn.

Appears in 7 contracts

Samples: First Supplemental Indenture (Evergreen Solar Inc), Indenture (Evergreen Solar Inc), First Supplemental Indenture (Evergreen Solar Inc)

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Effect of Fundamental Change Purchase Notice; Withdrawal. (a) Upon receipt by the Paying Agent of the a Fundamental Change Purchase Notice specified in Section 5.014.01(a), the Holder of the Securities Note in respect of which such Fundamental Change Purchase Notice was given shall (unless such Fundamental Change Purchase Notice is validly withdrawn in accordance with the following paragraphthis Section 4.03) thereafter be entitled to receive solely the Fundamental Change Purchase Price in cash with respect to such SecuritiesNote (and any previously accrued and unpaid interest on such Note). Such Fundamental Change Purchase Price shall be paid to such Holder, subject to receipt of funds and/or the Securities by the Paying Agent, promptly following on the later of (x) the applicable Fundamental Change Purchase Date with respect to such Securities (provided the Holder has satisfied the conditions in Section 5.014.01 have been satisfied) and (y) the time of delivery or book-entry transfer or delivery of such Securities, together with necessary endorsements, Notice to the Paying Agent by the Holder thereof in the manner required by Section 5.014.01, subject in each case to extensions to comply with applicable law. The Securities Notes in respect of which a Fundamental Change Purchase Notice has been given by the Holder thereof may not be converted exchanged pursuant to Article 6 15 hereof on or after the date of the delivery of such Fundamental Change Purchase Notice unless such Fundamental Change Purchase Notice has first been validly withdrawn.. A Fundamental Change Purchase Notice may be withdrawn (in whole or in part) by means of a written notice of withdrawal delivered to the Paying Agent in accordance with the Fundamental Change Company Notice at any time prior to the Fundamental Change Expiration Time, specifying:

Appears in 1 contract

Samples: Indenture (Invesco Mortgage Capital Inc.)

Effect of Fundamental Change Purchase Notice; Withdrawal. (a) Upon receipt by the Paying Agent of the Fundamental Change Purchase Notice specified in Section 5.016.01, the Holder of the Securities in respect of which such Fundamental Change Purchase Notice was given shall (unless such Fundamental Change Purchase Notice is validly withdrawn in accordance with the following paragraph) thereafter be entitled to receive solely the Fundamental Change Purchase Price with respect to such Securities. Such Fundamental Change Purchase Price shall be paid to such Holder, subject to receipt of funds and/or the Securities by the Paying Agent, promptly following the later of (x) the Fundamental Change Purchase Date with respect to such Securities (provided the Holder has satisfied the conditions in Section 5.016.01) and (y) the time of book-entry transfer or delivery of such Securities, together with necessary endorsements, Securities to the Paying Agent by the Holder thereof in the manner required by Section 5.016.01. The Securities in respect of which a Fundamental Change Purchase Notice has been given by the Holder thereof may not be converted pursuant to Article 6 7 hereof on or after the date of delivery of such Fundamental Change Purchase Notice unless such Fundamental Change Purchase Notice has first been validly withdrawn.

Appears in 1 contract

Samples: Supplemental Indenture (Evergreen Solar Inc)

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Effect of Fundamental Change Purchase Notice; Withdrawal. (a) 57 Upon receipt by the Paying Agent of the Fundamental Change Purchase Notice specified in Section 5.0111.1, the Holder of the Securities Note in respect of which such Fundamental Change Purchase Notice was given shall (unless such Fundamental Change Purchase Notice is validly withdrawn as specified in accordance with the following paragraphtwo paragraphs) thereafter be entitled to receive solely the Fundamental Change Purchase Price with respect to such SecuritiesNote. Such Fundamental Change Purchase Price shall be paid to such Holder, subject to the receipt of funds and/or the Securities by the Paying Agent, promptly following the later of (x) the Fundamental Change Purchase Date with respect to such Securities (provided the Holder has satisfied the conditions in Section 5.0111.1(c) have been satisfied) and (y) the time of book-entry transfer or delivery of such Securities, together with necessary endorsements, Note to the Paying Agent by the Holder thereof in the manner required by Section 5.0111.1(c). The Securities Notes in respect of which a Fundamental Change Purchase Notice has been given by the Holder thereof may not be converted pursuant to Article 6 12 hereof on or after the date of the delivery of such Fundamental Change Purchase Notice unless such Fundamental Change Purchase Notice has first been validly withdrawn.withdrawn as specified in the following paragraph. A Fundamental Change Purchase Notice may be withdrawn by means of a written notice of withdrawal delivered to the office of the Paying Agent in accordance with the Fundamental Change Purchase Notice, at any time prior to the close of business on the Fundamental Change Purchase Date, specifying:

Appears in 1 contract

Samples: Indenture (Mindspeed Technologies, Inc)

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