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

Effect of Purchase Notice or Fundamental Change Purchase Notice. Effect of Event of Default. Upon receipt by the Issuer of the Purchase Notice or Fundamental Change Purchase Notice specified in Section 4.01 or Section 3.03 hereof, as applicable, the Holder of the 2023 Notes in respect of which such Purchase Notice or Fundamental Change Purchase Notice, as the case may be, was given shall (unless such Purchase Notice or Fundamental Change Purchase Notice is withdrawn as specified in the following two paragraphs) thereafter be entitled to receive solely the Purchase Price or Fundamental Change Purchase Price with respect to such 2023 Notes. Such Purchase Price or Fundamental Change Purchase Price shall be paid by the Paying Agent to such Holder promptly following the later of (x) the Purchase Date or the Fundamental Change Purchase Date, as the case may be, with respect to such 2023 Notes (provided the conditions in Section 4.01 or Section 3.03 hereof, as applicable, have been satisfied) and (y) the time of delivery or book-entry transfer of such 2023 Notes to the Paying Agent by the Holder thereof in the manner required by Section 4.01 or Section 3.03 hereof, as applicable. 2023 Notes in respect of which a Purchase Notice or Fundamental Change Purchase Notice, as the case may be, has been given by the Holder thereof may not be converted for shares of Common Stock on or after the date of the delivery of such Purchase Notice or Fundamental Change Purchase Notice, as the case may be, unless such Purchase Notice or Fundamental Change Purchase Notice, as the case may be, has first been validly withdrawn as specified in the following two paragraphs.

Appears in 5 contracts

Samples: Sixteenth Supplemental Indenture (CMS Energy Corp), Sixteenth Supplemental Indenture (CMS Energy Corp), Supplemental Indenture (CMS Energy Corp)

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Effect of Purchase Notice or Fundamental Change Purchase Notice. Effect of Event of Default. Upon receipt by the Issuer Company of the Purchase Notice or Fundamental Change Purchase Notice specified in Section 4.01 4.03(a) or Section 3.03 hereof4.02(c), as applicable, the Holder of the 2023 Notes Note in respect of which such Purchase Notice or Fundamental Change Purchase Notice, as the case may be, was given shall (unless such Purchase Notice or Fundamental Change Purchase Notice is withdrawn as specified in the following two paragraphs) thereafter be entitled to receive solely the Purchase Price or Fundamental Change Purchase Price Price, as the case may be, and any accrued and unpaid contingent interest, if any, with respect to such 2023 NotesNote. Such Purchase Price or Fundamental Change Purchase Price and contingent interest, if any, shall be paid by the Paying Agent to such Holder promptly following the later of (x) the Purchase Date or the Fundamental Change Purchase Date, as the case may be, with respect to such 2023 Notes Note (provided the conditions in Section 4.01 4.03(a) or Section 3.03 hereof4.02(c), as applicable, have been satisfied) and (y) the time of delivery or book-entry transfer of such 2023 Notes Note to the Paying Agent by the Holder thereof in the manner required by Section 4.01 4.03(a) or Section 3.03 hereof4.02(c), as applicable. 2023 Notes in respect of which a Purchase Notice or Fundamental Change Purchase Notice, as the case may be, has been given by the Holder thereof may not be converted for shares of Common Stock on or after the date of the delivery of such Purchase Notice (or Fundamental Change Purchase Notice, as the case may be), unless such Purchase Notice (or Fundamental Change Purchase Notice, as the case may be, ) has first been validly withdrawn as specified in the following two paragraphs.

Appears in 3 contracts

Samples: Supplemental Indenture (Masco Corp /De/), Supplemental Indenture (Masco Corp /De/), Masco Corp /De/

Effect of Purchase Notice or Fundamental Change Purchase Notice. Effect of Event of Default. Upon receipt by the Issuer Company of the Purchase Notice or Fundamental Change Purchase Notice specified in Section 4.01 1108(a) or Section 3.03 hereof1109(b), as applicable, the Holder of the 2023 Notes Security in respect of which such Purchase Notice or Fundamental Change Purchase Notice, as the case may be, was given shall (unless such Purchase Notice or Fundamental Change Purchase Notice is withdrawn as specified in the following two paragraphs) thereafter be entitled to receive solely the Purchase Price or Fundamental Change Purchase Price Price, as the case may be, with respect to such 2023 NotesSecurity. Such Purchase Price or Fundamental Change Purchase Price shall be paid by the Paying Agent to such Holder promptly following the later of (x) the Purchase Date or the Fundamental Change Purchase Date, as the case may be, with respect to such 2023 Notes Security (provided the conditions in Section 4.01 1108(a) or Section 3.03 hereof1109(c), as applicable, have been satisfied) and (y) the time of delivery or book-entry transfer of such 2023 Notes Security to the Paying Agent by the Holder thereof in the manner required by Section 4.01 1108(a) or Section 3.03 hereof1109(c), as applicable. 2023 Notes Securities in respect of which a Purchase Notice or Fundamental Change Purchase Notice, as the case may be, has been given by the Holder thereof may not be converted for shares of Common Stock on or after the date of the delivery of such Purchase Notice (or Fundamental Change Purchase Notice, as the case may be), unless such Purchase Notice (or Fundamental Change Purchase Notice, as the case may be, ) has first been validly withdrawn as specified in the following two paragraphs.

Appears in 2 contracts

Samples: Supplemental Indenture (Cooper Cameron Corp), Supplemental Indenture (Cooper Cameron Corp)

Effect of Purchase Notice or Fundamental Change Purchase Notice. Effect of Event of Default. (a) Upon receipt by the Issuer any Paying Agent of the a properly completed Purchase Notice or Fundamental Change Purchase Notice specified in Section 4.01 or Section 3.03 hereof, as applicablefrom a Holder, the Holder of the 2023 Notes Security in respect of which such Purchase Notice or Fundamental Change Purchase Notice, as the case may be, Notice was given shall (unless such Purchase Notice or Fundamental Change Purchase Notice is withdrawn as specified in the following two paragraphsSection 3.03(b)) thereafter be entitled to receive solely the Purchase Repurchase Price or Fundamental Change Purchase Price with respect to such 2023 Notes. Such Purchase Price or Fundamental Change Purchase Price shall be paid by the Paying Agent to such Holder promptly following the later of (x) the Purchase Date or the Fundamental Change Purchase DatePrice, as the case may be, with respect to such 2023 Notes Security, subject to the occurrence of an absence of an Event of Default, or a continuation thereof (other than a Default in the payment of the Repurchase Price or the Fundamental Change Purchase Price, as the case may be). The Repurchase Price or the Fundamental Change Purchase Price, as the case may be, shall be paid to such Holder promptly following the later of (1) the Repurchase Date (provided that the conditions in Section 4.01 3.01 have been satisfied) or the Fundamental Change Purchase Date (provided that the conditions in Section 3.03 hereof, as applicable, 3.02 have been satisfied) and (y2) the time of delivery or book-entry transfer of such 2023 Notes Security to the a Paying Agent by the Holder thereof in the manner required by Section 4.01 3.01(b) or Section 3.03 hereof3.02(c), as applicablethe case may be. 2023 Notes Securities in respect of which a Purchase Notice or a Fundamental Change Purchase Notice, as the case may be, Notice has been given by the Holder thereof may not be converted for into shares of Common Stock pursuant to Article 4 on or after the date of the delivery of such Purchase Notice or Fundamental Change Purchase Notice, as the case may be, Notice unless such Purchase Notice or Fundamental Change Purchase Notice, as the case may be, Notice has first been validly withdrawn as specified in accordance with Section 3.03(b) with respect to the following two paragraphsSecurities to be converted.

Appears in 1 contract

Samples: Indenture (American Oriental Bioengineering Inc)

Effect of Purchase Notice or Fundamental Change Purchase Notice. Effect of Event of Default. Upon receipt by the Issuer Paying Agent of the Purchase Notice or Fundamental Change Purchase Notice specified in Section 4.01 5.7(a) or Section 3.03 hereof5.8(c), as applicable, the Holder of the 2023 Notes Note in respect of which such Purchase Notice or Fundamental Change Purchase Notice, as the case may be, was given given, shall (unless such Purchase Notice or Fundamental Change Purchase Notice Notice, as the case may be, is withdrawn as specified in the following two paragraphsparagraph) thereafter be entitled to receive solely the Purchase Price or Fundamental Change Purchase Price Price, as the case may be, with respect to such 2023 NotesNote. Such Purchase Price or Fundamental Change Purchase Price shall be paid to such Holder, subject to receipt of funds by the Paying Agent to such Holder Agent, promptly following the later of (xi) the Business Day following the Purchase Date or the Fundamental Change Purchase Date, as the case may be, with respect to such 2023 Notes Note (provided the conditions in Section 4.01 5.7(a) or Section 3.03 hereof5.8(c), as applicable, have been satisfied) and (yii) the time of delivery or book-entry transfer of such 2023 Notes Note to the Paying Agent by the Holder thereof in the manner required by Section 4.01 5.7(a) or Section 3.03 hereof5.8(c), as applicable. 2023 Notes in respect of which a Purchase Notice or Fundamental Change Purchase Notice, as the case may be, Notice has been given by the Holder thereof may not be converted for shares of Common Stock pursuant to Article VI hereof on or after the date of the delivery of such Purchase Notice or Fundamental Change Purchase Notice, as the case may be, Notice unless such Purchase Notice or Fundamental Change Purchase Notice, as the case may be, Notice has first been validly withdrawn as specified in the following two paragraphsparagraph.

Appears in 1 contract

Samples: Stillwater Mining Company (Stillwater Mining Co /De/)

Effect of Purchase Notice or Fundamental Change Purchase Notice. Effect of Event of Default. Upon receipt by the Issuer Paying Agent of the Purchase Notice or Fundamental Change Purchase Notice specified in Section 4.01 3.7(a) or Section 3.03 hereof3.8(c), as applicable, the Holder of the 2023 Notes Note in respect of which such Purchase Notice or Fundamental Change Purchase Notice, as the case may be, was given shall (unless such Purchase Notice or Fundamental Change Purchase Notice is withdrawn as specified in the following two paragraphs) thereafter be entitled to receive solely the Purchase Price or Fundamental Change Purchase Price Price, as the case may be, with respect to such 2023 NotesNote. Such Purchase Price or Fundamental Change Purchase Price shall be paid to such Holder, subject to receipts of funds and/or securities by the Paying Agent to such Holder Agent, promptly following the later of (x) the Purchase Date or the Fundamental Change Purchase Date, as the case may be, with respect to such 2023 Notes Note (provided the conditions in Section 4.01 3.7 or Section 3.03 hereof3.8, as applicable, have been satisfied) and (y) the time of delivery or book-entry transfer of such 2023 Notes Note to the Paying Agent (or surrender of the beneficial interest therein pursuant to Paragraph 7 of the DTC Letter of Representations) by the Holder thereof in the manner required by Section 4.01 3.7 or Section 3.03 hereof3.8, as applicable. 2023 Notes in respect of which a Purchase Notice or Fundamental Change Purchase Notice, as the case may be, has been given by the Holder thereof may not be converted for shares of Common Stock pursuant to Article 7 hereof on or after the date of the delivery of such Purchase Notice or Fundamental Change Purchase Notice, as the case may be, unless such Purchase Notice or Fundamental Change Purchase Notice, as the case may be, has first been validly withdrawn as specified in the following two paragraphs.

Appears in 1 contract

Samples: Aol Time Warner Inc

Effect of Purchase Notice or Fundamental Change Purchase Notice. Withdrawal; Effect of Event of Default. Upon receipt by the Issuer Company of the Fundamental Change Purchase Notice or Fundamental Change Purchase Notice specified in Section 4.01 11.01(b) or Section 3.03 hereof11.02(a), as applicable, the Holder of the 2023 Notes Securities in respect of which such Fundamental Change Purchase Notice or Fundamental Change 57 Purchase Notice, as the case may be, was given shall (unless such Fundamental Change Purchase Notice or Fundamental Change Purchase Notice is withdrawn as specified in the following two paragraphs) thereafter be entitled to receive solely the Fundamental Change Purchase Price or Fundamental Change Purchase Price with respect to such 2023 NotesSecurities. Such Fundamental Change Purchase Price or Fundamental Change Purchase Price shall be paid by the Paying Agent to such Holder promptly following the later of (x) the Fundamental Change Purchase Date or the Fundamental Change Purchase Date, as the case may be, with respect to such 2023 Notes Securities (provided the conditions in Section 4.01 or Section 3.03 hereof, as applicable, this Article 11 have been satisfied) and (y) the time of delivery or book-entry transfer of such 2023 Notes Securities to the Paying Agent by the Holder thereof in the manner required by Section 4.01 11.01 or Section 3.03 hereof11.02, as applicable. 2023 Notes Securities in respect of which a Fundamental Change Purchase Notice or Fundamental Change Purchase Notice, as the case may be, has been given by the Holder thereof may not be converted for shares of Common Stock on or after the date of the delivery of such Fundamental Change Purchase Notice or Fundamental Change Purchase Notice, as the case may be, unless such Fundamental Change Purchase Notice or Fundamental Change Purchase Notice, as the case may be, has first been validly withdrawn as specified in the following two paragraphs.. A Fundamental Change Purchase Notice or Purchase Notice, as the case may be, may be withdrawn by means of a written notice of withdrawal delivered to the office of the Paying Agent at any time prior to 5:00 p.m., New York City time, on the Business Day immediately preceding the Fundamental Change Purchase Date or the Purchase Date, as the case may be, to which it relates, specifying:

Appears in 1 contract

Samples: Calgon Carbon Corporation

Effect of Purchase Notice or Fundamental Change Purchase Notice. Effect of Event of Default. Upon receipt by the Issuer Company of the Fundamental Change Purchase Notice or Fundamental Change Purchase Notice specified in Section 4.01 3.03(c) or Section 3.03 hereof3.04(a), as applicable, the Holder of the 2023 Notes Note in respect of which such Fundamental Change Purchase Notice or Fundamental Change Purchase Notice, as the case may be, was given shall (unless such Fundamental Change Purchase Notice or Fundamental Change Purchase Notice is withdrawn as specified in the following two paragraphs) thereafter be entitled to receive solely the Purchase Price or Fundamental Change Purchase Price or Purchase Price, as the case may be, with respect to such 2023 NotesNote. Such Fundamental Change Purchase Price or Fundamental Change Purchase Price shall be paid by the Paying Agent to such Holder promptly following the later of (x) the Fundamental Change Purchase Date or the Fundamental Change Purchase Date, as the case may be, with respect to such 2023 Notes Note (provided the conditions in Section 4.01 3.03(c) or Section 3.03 hereof3.04(a), as applicable, have been satisfied) and (y) the time of delivery or book-entry transfer of such 2023 Notes Note to the Paying Agent by the Holder thereof in the manner required by Section 4.01 3.03(c) or Section 3.03 hereof3.04(a), as applicable. 2023 Notes in respect of which a Purchase Notice or Fundamental Change Purchase Notice, as the case may be, has been given by the Holder thereof may not be converted for shares of Common Stock on or after the date of the delivery of such Purchase Notice (or Fundamental Change Purchase Notice, as the case may be), unless such Purchase Notice (or Fundamental Change Purchase Notice, as the case may be, ) has first been validly withdrawn as specified in the following two paragraphs.

Appears in 1 contract

Samples: Lear Corp /De/

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Effect of Purchase Notice or Fundamental Change Purchase Notice. Effect of Event of Default. (a) Upon receipt by the Issuer Paying Agent of the Purchase Notice or Fundamental Change Purchase Notice specified in Section 4.01 3.06(i) or Section 3.03 hereof3.07(c), as applicable, the Holder of the 2023 Notes Senior Note in respect of which such Purchase Notice or Fundamental Change Purchase Notice, as the case may be, was given shall (unless such Purchase Notice or Fundamental Change Purchase Notice Notice, as the case may be, is withdrawn as specified in the following two paragraphs) thereafter be entitled solely to receive solely the Purchase Price or Fundamental Change Purchase Price Price, as the case may be, with respect to such 2023 NotesSenior Note. Such Purchase Price or Fundamental Change Purchase Price shall be paid to such Holder, subject to receipts of funds and/or securities by the Paying Agent to such Holder Agent, promptly following the later of (x) the Purchase Date or the Fundamental Change Purchase Date, as the case may be, with respect to such 2023 Senior Notes (provided the conditions in Section 4.01 3.06(i) or Section 3.03 hereof3.07(c), as applicable, have been satisfied) and (y) the time of delivery or book-entry transfer of such 2023 Notes Senior Note to the Paying Agent by the Holder thereof in the manner required by Section 4.01 3.06 or Section 3.03 hereof3.07(c), as applicable. 2023 Senior Notes in respect of which a Purchase Notice or Fundamental Change Purchase Notice, as the case may be, Notice has been given by the Holder thereof may not be converted for shares of Common Stock pursuant to Article 5 hereof on or after the date of the delivery of such Purchase Notice or Fundamental Change Purchase Notice, as the case may be, Notice unless such Purchase Notice or Fundamental Change Purchase Notice, as the case may be, Notice has first been validly withdrawn as specified in the following two paragraphs.

Appears in 1 contract

Samples: Rights Agreement (Fluor Corp)

Effect of Purchase Notice or Fundamental Change Purchase Notice. Effect of Event of Default. Upon receipt by the Issuer Company of the Purchase Notice or Fundamental Change Purchase Notice specified in Section 4.01 2.04(l) or Section 3.03 hereof2.03(2), as applicable, the Holder of the 2023 Notes in respect of which such Purchase Notice or Fundamental Change Purchase Notice, as the case may be, was given shall (unless such Purchase Notice or Fundamental Change Purchase Notice is withdrawn as specified in the following two paragraphs) thereafter be entitled to receive solely the Purchase Price or Fundamental Change Purchase Price with respect to such 2023 Notes. Such Purchase Price or Fundamental Change Purchase Price shall be paid by the Paying Agent to such Holder promptly following the later of (x) the Purchase Date or the Fundamental Change Purchase Date, as the case may be, with respect to such 2023 Notes (provided the conditions in Section 4.01 2.04(l) or Section 3.03 hereof2.03(2), as applicable, have been satisfied) and (y) the time of delivery or book-entry transfer of such 2023 Notes to the Paying Agent by the Holder thereof in the manner required by Section 4.01 2.04(l) or Section 3.03 hereof2.03(2), as applicable. 2023 Notes in respect of which a Purchase Notice or Fundamental Change Purchase Notice, as the case may be, has been given by the Holder thereof may not be converted for shares of Common Stock on or after the date of the delivery of such Purchase Notice (or Fundamental Change Purchase Notice, as the case may be), unless such Purchase Notice (or Fundamental Change Purchase Notice, as the case may be) has first been validly withdrawn as specified in the following two paragraphs. A Purchase Notice or Fundamental Change Purchase Notice, as the case may be, has first been validly may be withdrawn by means of a written notice of withdrawal delivered to the office of the Paying Agent at any time prior to the close of business on the Business Day prior to the Purchase Date or the Fundamental Change Purchase Date, as specified in the following two paragraphs.case may be, to which it relates specifying:

Appears in 1 contract

Samples: Interpublic Group of Companies Inc

Effect of Purchase Notice or Fundamental Change Purchase Notice. Effect of Event of Default. Upon receipt by the Issuer Paying Agent of the Purchase Notice or Fundamental Change Purchase Notice specified in Section 4.01 or Section 3.03 hereof, as applicableNotice, the Holder of the 2023 Notes Security in respect of which such Purchase Notice or Fundamental Change Purchase Notice, as the case may be, was given shall (unless such Purchase Notice or Fundamental Change Purchase Notice is withdrawn as specified in the following two paragraphs) thereafter be entitled to receive solely the Purchase Price or Fundamental Change Purchase Price Price, as the case may be, with respect to such 2023 NotesSecurity. Such Purchase Price or Fundamental Change Purchase Price shall be paid to such Holder, subject to receipts of funds and/or securities by the Paying Agent to such Holder Agent, promptly following the later of (x) the Purchase Date or the Fundamental Change Purchase Date, as the case may be, with respect to such 2023 Notes Security (provided the conditions in Section 4.01 3.08 or Section 3.03 hereof3.09, as applicable, have been satisfied) and (y) the time of delivery or book-entry transfer of such 2023 Notes Security to the Paying Agent by the Holder thereof in the manner required by Section 4.01 3.08 or Section 3.03 hereof3.09, as applicable. 2023 Notes Securities in respect of which a Purchase Notice or Fundamental Change Purchase Notice, as the case may be, has been given by the Holder thereof may not be converted for shares of Common Stock pursuant to Article 11 hereof on or after the date of the delivery of such Purchase Notice -- or Fundamental Change Purchase Notice, as the case may be, unless such Purchase Notice or Fundamental Change Purchase Notice, as the case may be, has first been validly withdrawn as specified in the following two paragraphs.

Appears in 1 contract

Samples: Indenture (Health Management Associates Inc)

Effect of Purchase Notice or Fundamental Change Purchase Notice. Effect of Event of Default. Upon receipt by the Issuer Company of the Purchase Notice or Fundamental Change Purchase Notice specified in Section 4.01 2.04(1) or Section 3.03 hereof2.03(4), as applicable, the Holder of the 2023 Notes CZARS in respect of which such Purchase Notice or Fundamental Change Purchase Notice, as the case may be, was given shall (unless such Purchase Notice or Fundamental Change Purchase Notice is withdrawn as specified in the following two paragraphs) thereafter be entitled to receive solely the Purchase Price or Fundamental Change Purchase Price with respect to such 2023 NotesCZARS. Such Purchase Price or Fundamental Change Purchase Price shall be paid by the Paying Agent to such Holder promptly following the later of (x) the Purchase Date or the Fundamental Change Purchase Date, as the case may be, with respect to such 2023 Notes CZARS (provided the conditions in Section 4.01 2.04(1) or Section 3.03 hereof2.03(4), as applicable, have been satisfied) and (y) the time of delivery or book-entry transfer of such 2023 Notes CZARS to the Paying Agent by the Holder thereof in the manner required by Section 4.01 2.04(1) or Section 3.03 hereof2.03(4), as applicable. 2023 Notes CZARS in respect of which a Purchase Notice or Fundamental Change Purchase Notice, as the case may be, has been given by the Holder thereof may not be converted for shares of Common Stock on or after the date of the delivery of such Purchase Notice (or Fundamental Change Purchase Notice, as the case may be), unless such Purchase Notice (or Fundamental Change Purchase Notice, as the case may be, ) has first been validly withdrawn as specified in the following two paragraphs.

Appears in 1 contract

Samples: Supplemental Indenture (Us Bancorp \De\)

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