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

Effect of Fundamental Change Purchase Notice. Upon receipt by any Paying Agent of the Fundamental Change Purchase Notice specified in Section 901(c), the Holder of the Debenture in respect of which such Fundamental Change Purchase Notice was given shall (unless such Fundamental Change Purchase Notice is withdrawn as specified below) thereafter be entitled to receive on the Fundamental Change Purchase Date the Fundamental Change Purchase Price with respect to such Debenture together with interest accrued to such Fundamental Change Purchase Date. Such Fundamental Change Purchase Price shall be paid to such Holder promptly following the later of (a) the Fundamental Change Purchase Date with respect to such Debenture (provided the conditions in Section 901(c) have been satisfied) and (b) the time of delivery of such Debenture to a Paying Agent by the Holder thereof in the manner required by Section 901(c). Debentures in respect of which a Fundamental Change Purchase Notice has been given by the Holder thereof may not be converted into Common Stock 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of such Fundamental Change Purchase Notice unless such Fundamental Change Purchase Notice has first been validly withdrawn as specified in the following paragraph. A Fundamental Change Purchase Notice may be withdrawn by means of a written notice of withdrawal delivered to the office of the Paying Agent in accordance with the Fundamental Change Purchase Notice at any time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 Business Day immediately preceding the Fundamental Change Purchase Date specifying:

Appears in 3 contracts

Samples: Dte Energy Co, Dte Energy Co, Dte Energy Co

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Effect of Fundamental Change Purchase Notice. Upon receipt by any Paying Agent of the Fundamental Change Purchase Notice specified in Section 901(c801(c), the Holder of the Debenture Note in respect of which such Fundamental Change Purchase Notice was given shall (unless such Fundamental Change Purchase Notice is withdrawn as specified below) thereafter be entitled to receive on the Fundamental Change Purchase Date the Fundamental Change Purchase Price with respect to such Debenture Note together with interest accrued to such Fundamental Change Purchase Date. Such Fundamental Change Purchase Price shall be paid to such Holder promptly following the later of (a) the Fundamental Change Purchase Date with respect to such Debenture Note (provided the conditions in Section 901(c801(c) have been satisfied) and (b) the time of delivery of such Debenture Note to a Paying Agent by the Holder thereof in the manner required by Section 901(c801(c). Debentures Notes in respect of which a Fundamental Change Purchase Notice has been given by the Holder thereof may not be converted into Common Stock 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 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 Business Day immediately preceding the Fundamental Change Purchase Date specifying:

Appears in 3 contracts

Samples: Indenture (Dte Energy Co), Indenture (Dte Energy Co), Supplemental Indenture (Dte Energy Co)

Effect of Fundamental Change Purchase Notice. Upon receipt by any the Paying Agent of the Fundamental Change Purchase Notice specified in Section 901(c12.1(c), the Holder of the Debenture Security in respect of which such Fundamental Change Purchase Notice was given shall (unless such Fundamental Change Purchase Notice is withdrawn as specified belowin the following two paragraphs) thereafter be entitled to receive on the Fundamental Change Purchase Date solely the Fundamental Change Purchase Price with respect to such Debenture together with interest accrued to such Fundamental Change Purchase DateSecurity. Such Fundamental Change Purchase Price purchase price shall be paid to such Holder Holder, subject to receipt of funds and/or securities by the Paying Agent, promptly following the later of (ax) the Fundamental Change Purchase Date with respect to such Debenture Security (provided the conditions in Section 901(c12.1(c) have been satisfied) and (by) the time of delivery of such Debenture Security to a the Paying Agent by the Holder thereof in the manner required by Section 901(c12.1(c). Debentures Securities in respect of which a Fundamental Change Purchase Notice has been given by the Holder thereof may not be converted into Common Stock pursuant to Article 13 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 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 Business Day immediately preceding the Fundamental Change Purchase Date specifying:two paragraphs.

Appears in 3 contracts

Samples: Indenture (Endeavour Silver Corp), Indenture (Minefinders Corp Ltd.), Indenture (Minefinders Corp Ltd.)

Effect of Fundamental Change Purchase Notice. Upon receipt by any the Paying Agent of the Fundamental Change Purchase Notice specified in Section 901(c12.01(c), the Holder of the Debenture Security in respect of which such Fundamental Change Purchase Notice was given shall (unless such Fundamental Change Purchase Notice is withdrawn as specified belowin the following two paragraphs) thereafter be entitled to receive on the Fundamental Change Purchase Date solely the Fundamental Change Purchase Price with respect to such Debenture together with interest accrued to such Fundamental Change Purchase DateSecurity. Such Fundamental Change Purchase Price shall be paid to such Holder Holder, subject to receipt of funds and/or Securities by the Paying Agent, promptly following the later of (a) the Fundamental Change Purchase Date with respect to such Debenture Security (provided provided, the conditions in Section 901(c12.01(c) have been satisfied) and (b) the time of book-entry transfer or delivery of such Debenture Security to a the Paying Agent by the Holder thereof in the manner required by Section 901(c12.01(c). Debentures Securities in respect of which a Fundamental Change Purchase Notice has been given by the Holder thereof may not be converted into Common Stock pursuant to Article XIII 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 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 Business Day immediately preceding the Fundamental Change Purchase Date specifying:two paragraphs.

Appears in 3 contracts

Samples: Indenture (Biovail Corp International), Indenture (Biovail Corp International), Indenture (Jaguar Mining Inc)

Effect of Fundamental Change Purchase Notice. (a) Upon receipt by any Paying Agent of the a Fundamental Change Purchase Notice specified in Section 901(c)Notice, the Holder of the Debenture Security in respect of which such Fundamental Change Purchase Notice was given shall (unless such Fundamental Change Purchase Notice is withdrawn as specified below) thereafter be entitled to receive on the Fundamental Change Purchase Date the Fundamental Change Purchase Price with respect to such Debenture together with interest accrued to such Fundamental Change Purchase DateSecurity. Such Fundamental Change Purchase Price shall be paid to such Holder promptly following the later of (ai) the Fundamental Change Purchase Date (provided such Holder has satisfied the conditions in Section 3.01(c) with respect to such Debenture (provided the conditions in Section 901(c) have been satisfiedSecurity) and (bii) the time of delivery of such Debenture Security to a Paying Agent by the Holder thereof in the manner required by Section 901(c3.01(c). Debentures A Security in respect of which a Fundamental Change Purchase Notice has been given by the Holder thereof may not be converted into Common Stock pursuant to Article 5 hereof on or after the date of the delivery of such Fundamental Change Purchase Notice Notice, unless either (i) such Fundamental Change Purchase Notice has first been validly 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 Section 3.02(b); or (ii) there shall be a default in the payment of the Fundamental Change Purchase Notice Price, provided, that the conversion right with respect to such Security shall terminate at any time the Close of Business on the date immediately prior to the close of business on the Business Day immediately preceding the Fundamental Change Purchase Date specifying:date such default is cured and such Security is purchased in accordance herewith.

Appears in 2 contracts

Samples: Indenture (Blackboard Inc), Blackboard Inc

Effect of Fundamental Change Purchase Notice. (a) Upon receipt by any the Paying Agent of the Fundamental Change Purchase Notice specified in Section 901(c3.01(c), the Holder of the Debenture Note in respect of which such Fundamental Change Purchase Notice was given shall (unless such Fundamental Change Purchase Notice is withdrawn as specified belowin the following two paragraphs) thereafter be entitled to receive on solely the Fundamental Change Purchase Date the Fundamental Change Purchase Price Price, with respect to such Debenture together with interest accrued to such Fundamental Change Purchase DateNote. Such Fundamental Change Purchase Price shall be paid to such Holder promptly Holder, subject to receipt of funds by the Paying Agent, on or prior to the third Business Day following the later of (ax) the Fundamental Change Purchase Date Date, with respect to such Debenture Note (provided the conditions in Section 901(c3.01(c) have been satisfied) and (by) the time of delivery of such Debenture Note to a the Paying Agent by the Holder thereof in the manner required by Section 901(c3.01(c). Debentures Notes in respect of which a Fundamental Change Purchase Notice has been given by the Holder thereof may not be converted into Common Stock pursuant to Article 10 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 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 Business Day immediately preceding the Fundamental Change Purchase Date specifying:two paragraphs.

Appears in 2 contracts

Samples: Registration Rights Agreement (Power One Inc), Power One Inc

Effect of Fundamental Change Purchase Notice. (a) Upon receipt by any the Paying Agent of the Fundamental Change Purchase Notice specified in Section 901(c5.1(c), the Holder of the Debenture Note in respect of which such Fundamental Change Purchase Notice was given shall (unless such Fundamental Change Purchase Notice is withdrawn as specified belowin the following paragraph) thereafter be entitled to receive on the Fundamental Change Purchase Date the Fundamental Change Purchase Price with respect to such Debenture together with interest accrued to such Fundamental Change Purchase DateNote. Such Fundamental Change Purchase Price shall be paid to such Holder Holder, subject to receipt of cash by the Paying Agent, promptly following the later of (a) the Fundamental Change Purchase Date with respect to such Debenture Note (provided the conditions in Section 901(c5.1(c) have been satisfied) and (b) the time of book-entry transfer or delivery of such Debenture Note to a the Paying Agent by the Holder thereof in the manner required by Section 901(c5.1(c). Debentures Notes in respect of which a Fundamental Change Purchase Notice has been given by the Holder thereof may not be converted into Common Stock pursuant to ARTICLE XII 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 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 Business Day immediately preceding the Fundamental Change Purchase Date specifying:.

Appears in 2 contracts

Samples: Comtech Telecommunications Corp /De/, Willbros Group Inc

Effect of Fundamental Change Purchase Notice. Upon receipt by any the Paying Agent of the Fundamental Change Purchase Notice specified in Section 901(c), 6.10(c) and delivery to the Holder Paying Agent of the Debenture in respect of which such Fundamental Change Purchase Notice was given given, the Holder of such Debenture shall (unless such Fundamental Change Purchase Notice is withdrawn as specified below) thereafter be entitled to receive on the Fundamental Change Purchase Date solely the Fundamental Change Purchase Price with respect to such Debenture together with interest accrued to such Fundamental Change Purchase DateDebenture. Such Fundamental Change Purchase Price shall be paid to such Holder promptly following the later of (a) the Fundamental Change Purchase Date with respect to such Debenture (provided the conditions in Section 901(c6.10(c) have been satisfied) and (b) the time of delivery of such Debenture to a Paying Agent by the Holder thereof in the manner required by Section 901(c). Debentures in respect of which a Fundamental Change Purchase Notice has been given by the Holder thereof may not be converted into shares of Common Stock 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 as specified in the following paragraphwithdrawn. 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 Business Day immediately preceding the Fundamental Change Purchase Final Surrender Date to which it relates, specifying:

Appears in 2 contracts

Samples: Skytel Communications Inc, Mci Worldcom Inc

Effect of Fundamental Change Purchase Notice. (a) Upon receipt by any the Paying Agent of the Fundamental Change Purchase Notice specified in Section 901(c14.01(c), the Holder holder of the Debenture Note in respect of which such Fundamental Change Purchase Notice was given shall (unless such Fundamental Change Purchase Notice is withdrawn as specified belowin the following paragraph) thereafter be entitled to receive on the Fundamental Change Purchase Date the Fundamental Change Purchase Price with respect to such Debenture together with interest accrued to such Fundamental Change Purchase DateNote. Such Fundamental Change Purchase Price shall be paid to such Holder holder, subject to receipt of cash by the Paying Agent, promptly following the later of (ai) the Fundamental Change Purchase Date with respect to such Debenture Note (provided the conditions in Section 901(c14.01(c) have been satisfied) and (bii) the time of book-entry transfer or delivery of such Debenture Note to a the Paying Agent by the Holder holder thereof in the manner required by Section 901(c14.01(c). Debentures Notes in respect of which a Fundamental Change Purchase Notice has been given by the Holder holder thereof may not be converted into Common Stock pursuant to Article 13 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 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 Business Day immediately preceding the Fundamental Change Purchase Date specifying:.

Appears in 1 contract

Samples: Network Equipment Technologies Inc

Effect of Fundamental Change Purchase Notice. Upon receipt by any the Paying Agent of the Fundamental Change Purchase Notice specified in Section 901(c10.01(c), the Holder of the Debenture Security in respect of which such Fundamental Change Purchase Notice was given shall (unless such Fundamental Change Purchase Notice is withdrawn as specified belowin the following two paragraphs) thereafter be entitled to receive on the Fundamental Change Purchase Date solely the Fundamental Change Purchase Price with respect to such Debenture together with interest accrued to such Fundamental Change Purchase DateSecurity. Such Fundamental Change Purchase Price purchase price shall be paid to such Holder Holder, subject to receipt of funds and/or securities by the Paying Agent, promptly following the later of (ax) the Fundamental Change Purchase Date with respect to such Debenture Security (provided the conditions in Section 901(c10.01(c) have been satisfied) and (by) the time of delivery of such Debenture Security to a the Paying Agent by the Holder thereof in the manner required by Section 901(c10.01(c). Debentures Securities in respect of which a Fundamental Change Purchase Notice has been given by the Holder thereof may not be converted into Common Stock pursuant to ARTICLE XI 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 as specified in the following paragraphtwo paragraphs. 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 procedures set forth in the Fundamental Change Purchase Company Notice at any time prior to the close of business on the Business Day immediately preceding the Fundamental Change Purchase Date specifying:

Appears in 1 contract

Samples: Novagold Resources Inc

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Effect of Fundamental Change Purchase Notice. (a) Upon receipt by any the Paying Agent of the a Fundamental Change Purchase Notice specified in Section 901(c)Notice, the Holder of the Debenture Security in respect of which such Fundamental Change Purchase Notice was given shall (unless such Fundamental Change Purchase Notice is withdrawn as specified below) thereafter be entitled to receive on the Fundamental Change Purchase Date the Fundamental Change Purchase Price with respect to such Debenture together with interest accrued to such Fundamental Change Purchase DateSecurity. Such Fundamental Change Purchase Price shall be paid to such Holder promptly following the later of (ai) the Fundamental Change Purchase Date (provided such Holder has satisfied the conditions in Section 3.01(c) with respect to such Debenture (provided the conditions in Section 901(c) have been satisfiedSecurity) and (bii) the time of book-entry transfer or delivery of such Debenture Security to a the Paying Agent by the Holder thereof in the manner required by Section 901(c3.01(c). Debentures A Security in respect of which a Fundamental Change Purchase Notice has been given by the Holder thereof may not be converted into Common Stock pursuant to Article 4 hereof on or after the date of the delivery of such Fundamental Change Purchase Notice Notice, unless either (i) such Fundamental Change Purchase Notice has first been validly 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 Section 3.02(b); or (ii) there shall be a default in the payment of the Fundamental Change Purchase Notice Price, provided, that the conversion right with respect to such Security shall terminate at any time prior to the close Close of business Business on the Business Day immediately preceding the Fundamental Change Purchase Date specifying:date such default is cured and such Security is purchased in accordance herewith.

Appears in 1 contract

Samples: And (Radisys Corp)

Effect of Fundamental Change Purchase Notice. (a) Upon receipt by any Paying Agent of the a properly completed Fundamental Change Purchase Notice specified in Section 901(c)from a Holder, the Holder of the Debenture Security in respect of which such Fundamental Change Purchase Notice was given shall (unless such Fundamental Change Purchase Notice is withdrawn as specified belowin Section 3.09(b) or the Securities have previously been submitted for conversion) thereafter be entitled to receive on the Fundamental Change Purchase Date the Fundamental Change Purchase Price with respect to such Debenture together with interest accrued Security, subject to such the occurrence of the Fundamental Change Purchase Effective Date. Such Fundamental Change Purchase Price shall be paid to such Holder promptly promptly, but no later than two Business Days, following the later of (a1) the Fundamental Change Purchase Date with respect to such Debenture (provided that the conditions in Section 901(c) 3.08 have been satisfied) and (b2) the time of delivery of such Debenture Security to a Paying Agent by the Holder thereof in the manner required by Section 901(c3.08(c). Debentures Securities in respect of which a Fundamental Change Purchase Notice has been given by the Holder thereof may not be converted into shares of Common Stock pursuant to Article 4 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 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 Section 3.09(b) with respect to the close of business on the Business Day immediately preceding the Fundamental Change Purchase Date specifying:Securities to be converted.

Appears in 1 contract

Samples: Credit Agreement (United Auto Group Inc)

Effect of Fundamental Change Purchase Notice. Upon receipt by any Paying Agent of the Fundamental Change Purchase Notice specified in Section 901(c14.01(c), the Holder of the Debenture Security in respect of which such Fundamental Change Purchase Notice was given shall (unless such Fundamental Change Purchase Notice is withdrawn as specified below) thereafter be entitled to receive on the Fundamental Change Purchase Date the Fundamental Change Purchase Price with respect to such Debenture together with interest accrued to such Fundamental Change Purchase DateSecurity. Such Fundamental Change Purchase Price shall be paid to such Holder promptly following the later of (a) the Fundamental Change Purchase Date with respect to such Debenture Security (provided the conditions in Section 901(c14.01(c) have been satisfied) and (b) the time of delivery of such Debenture Security to a Paying Agent by the Holder thereof in the manner required by Section 901(c14.01(c). Debentures Securities in respect of which a Fundamental Change Purchase Notice has been given by the Holder thereof may not be converted into Common Stock 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 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 Business Day immediately preceding the applicable Fundamental Change Purchase Date specifying:

Appears in 1 contract

Samples: Getty Images Inc

Effect of Fundamental Change Purchase Notice. Upon receipt by any the Paying Agent of the Fundamental Change Purchase Notice as specified in Section 901(c)3.1(c) of this Third Supplemental Indenture, the Holder of the Debenture 2015 Note in respect of which such Fundamental Change Purchase Notice was given shall (unless such Fundamental Change Purchase Notice is withdrawn as specified belowin the following two paragraphs) thereafter be entitled to receive on the Fundamental Change Purchase Date solely the Fundamental Change Purchase Price with respect to such Debenture together with interest accrued to such Fundamental Change Purchase Date2015 Note. Such Fundamental Change Purchase Price shall be paid to such Holder Holder, subject to receipt of funds by the Paying Agent, promptly following the later of (ax) the Fundamental Change Purchase Date with respect to such Debenture 2015 Note (provided the conditions in Section 901(c3.1(c) of this Third Supplemental Indenture have been satisfied) and (by) the time of delivery of such Debenture 2015 Note to a the Paying Agent by the Holder thereof in the manner required by Section 901(c)3.1(c) of this Third Supplemental Indenture. Debentures 2015 Notes in respect of which a Fundamental Change Purchase Notice has been given by the Holder thereof may not be converted into Common Stock pursuant to Article VIII of this Third Supplemental Indenture on or after the date of the delivery of such Fundamental Change Purchase Notice Notice, unless such Fundamental Change Purchase Notice has first been validly 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 Business Day immediately preceding the Fundamental Change Purchase Date specifying:two paragraphs.

Appears in 1 contract

Samples: Third Supplemental Indenture (Continental Airlines Inc /De/)

Effect of Fundamental Change Purchase Notice. Upon receipt by any Paying Agent of the Fundamental Change Purchase Notice specified in Section 901(c16.01(c), the Holder of the Debenture Security in respect of which such Fundamental Change Purchase Notice was given shall (unless such Fundamental Change Purchase Notice is withdrawn as specified below) thereafter be entitled to receive on the Fundamental Change Purchase Date the Fundamental Change Purchase Price with respect to such Debenture together with interest accrued to such Fundamental Change Purchase DateSecurity. Such Fundamental Change Purchase Price shall be paid to such Holder promptly following the later of (a) the Fundamental Change Purchase Date with respect to such Debenture Security (provided the conditions in Section 901(c16.01(c) have been satisfied) and (b) the time of delivery of such Debenture Security to a Paying Agent by the Holder thereof in the manner required by Section 901(c16.01(c). Debentures Securities in respect of which a Fundamental Change Purchase Notice has been given by the Holder thereof may not be converted exchanged into Common Stock 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 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 Business Day immediately preceding the applicable Fundamental Change Purchase Date specifying:

Appears in 1 contract

Samples: Lin Television Corp

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