Common use of Effect of Repurchase Notice Clause in Contracts

Effect of Repurchase Notice. (a) Upon receipt by the Paying Agent of the Fundamental Change Repurchase Notice specified in Section 3.01(c) or the Optional Repurchase Notice specified in Section 3.02(c) (each of the foregoing, a “Repurchase Notice”), the Holder of the Note in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is withdrawn as specified in this Section 3.03) thereafter be entitled to receive solely the Fundamental Change Repurchase Price or Optional Repurchase Price (each of the foregoing, a “Repurchase Price”), as applicable, and any accrued and unpaid interest (including any Additional Interest) to but not including the Fundamental Change Repurchase Date or Optional Repurchase Date (each of the foregoing, a “Repurchase Date”), as applicable, with respect to such Note. Such Repurchase Price shall be paid to such Holder, subject to receipt of funds by the Paying Agent, on or prior to the later of (x) the Repurchase Date with respect to such Note (provided the conditions in Section 3.01(c) or Section 3.02(c), as applicable, have been satisfied) and (y) the time of delivery of such Note to the Paying Agent by the Holder thereof in the manner required by Section 3.01(c) or Section 3.02(c), as applicable. Notes in respect of which a Repurchase Notice has been given by the Holder thereof may not be converted pursuant to Article 10 hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawn as specified in this Section 3.03.

Appears in 2 contracts

Samples: Indenture (Micron Technology Inc), Indenture (Micron Technology Inc)

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Effect of Repurchase Notice. (a) Upon receipt by the Paying Agent of the Fundamental Change Repurchase Notice specified in Section 3.01(c) or the Optional Repurchase Notice specified in Section 3.02(c) (each of the foregoing, a “Repurchase Notice”), the Holder of the Note in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is withdrawn as specified in this Section 3.033.02) thereafter be entitled to receive solely the Fundamental Change Repurchase Price or Optional Repurchase Price (each of the foregoingand, a “Repurchase Price”), as if applicable, and any accrued and unpaid interest (including any Additional Interest, if any) to but not including the Fundamental Change Repurchase Date or Optional Repurchase Date (each of the foregoing, a “Repurchase Date”), as applicable, with respect to such Note. Such Fundamental Change Repurchase Price shall be paid to such Holder, subject to receipt of funds by the Paying Agent, on or prior to the later of (x) the Fundamental Change Repurchase Date Date, with respect to such Note (provided the conditions in Section 3.01(c) or Section 3.02(c), as applicable, have been satisfied) and (y) the time of delivery of such Note to the Paying Agent by the Holder thereof in the manner required by Section 3.01(c) or Section 3.02(c), as applicable. Notes in respect of which a Repurchase Notice has been given by the Holder thereof may not be converted pursuant to Article 10 hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawn as specified in this Section 3.033.02.

Appears in 2 contracts

Samples: Callaway Golf Co, Callaway Golf Co

Effect of Repurchase Notice. (a) Upon receipt by the Paying Agent of the Fundamental Change Repurchase Notice specified in Section 3.01(c) or the Optional Repurchase Notice specified in Section 3.02(c) (each of the foregoing, a “Repurchase Notice”), the Holder of the Note in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is withdrawn as specified in this Section 3.033.02) thereafter be entitled to receive solely the Fundamental Change Repurchase Price or Optional Repurchase Price (each of the foregoing, a “Repurchase Price”), as applicable, and any accrued and unpaid interest (including any Additional Interest) to but not including the Fundamental Change Repurchase Date or Optional Repurchase Date (each of the foregoing, a “Repurchase Date”), as applicableinterest, with respect to such Note. Such Repurchase Price shall be paid to such Holder, subject to receipt of funds by the Paying Agent, on or prior to the later of (x) the Repurchase Date Date, with respect to such Note (provided the conditions in Section 3.01(c) or Section 3.02(c), as applicable, have been satisfied) and (y) the time of delivery of such Note to the Paying Agent by the Holder thereof in the manner required by Section 3.01(c) or Section 3.02(c), as applicable. Notes in respect of which a Repurchase Notice has been given by the Holder thereof may not be converted pursuant to Article 10 hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawn as specified in this Section 3.033.02.

Appears in 2 contracts

Samples: Indenture (SAVVIS, Inc.), Indenture (SAVVIS, Inc.)

Effect of Repurchase Notice. (a) Upon receipt by the Paying Agent of the Fundamental Change Repurchase Notice specified in Section 3.01(c) or the Optional Repurchase Notice specified in Section 3.02(c) (each of the foregoing, a “Repurchase Notice”3.01(b), the Holder of the Note in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is withdrawn as specified in this Section 3.033.02) thereafter be entitled to receive solely the Fundamental Change Repurchase Price or Optional Repurchase Price (each of the foregoing, a “Repurchase Price”), as applicable, and any accrued and unpaid interest (including any Additional Interest) to but not including the Fundamental Change Repurchase Date or Optional Repurchase Date (each of the foregoing, a “Repurchase Date”), as applicable, with respect to such Note. Such Fundamental Change Repurchase Price shall be paid to such Holder, subject to receipt of funds by the Paying Agent, on or prior to the later of (x) the Fundamental Change Repurchase Date Date, with respect to such Note (provided the conditions in Section 3.01(c3.01(b) or Section 3.02(c), as applicable, have been satisfied) and (y) the time of delivery of such Note to the Paying Agent by the Holder thereof in the manner required by Section 3.01(c) or Section 3.02(c3.01(b), as applicable. Notes in respect of which a Repurchase Notice has been given by the Holder thereof may not be converted pursuant to Article 10 hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawn as specified in this Section 3.033.02.

Appears in 2 contracts

Samples: Indenture (Cadiz Inc), Indenture (Cadiz Inc)

Effect of Repurchase Notice. (a) Upon receipt by the Paying Agent of the Fundamental Change Repurchase Notice specified in Section 3.01(c) or the Optional Repurchase Notice specified in Section 3.02(c) (each of the foregoing, a “Repurchase Notice”), the Holder of the 2037 Note in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is withdrawn as specified in this Section 3.03the following two paragraphs) thereafter be entitled to receive solely the Fundamental Change Repurchase Price or Optional Repurchase Price (each of the foregoing, a “Repurchase Price”), as applicable, and any accrued and unpaid interest (including any Additional Interest) to but not including the Fundamental Change Repurchase Date or Optional Repurchase Date (each of the foregoing, a “Repurchase Date”), as applicable, with respect to such 2037 Note. Such Repurchase Price shall be paid to such Holder, subject to receipt of funds by the Paying Agent, on or prior to promptly following the later of (x) the Repurchase Date with respect to such 2037 Note (provided the conditions in Section 3.01(c) or Section 3.02(c), as applicable, 12.01 have been satisfied) and (y) the time of book-entry transfer or delivery of such 2037 Note to the Paying Agent by the Holder thereof in the manner required by Section 3.01(c) or Section 3.02(c), as applicable12.01. 2037 Notes in respect of which a Repurchase Notice has been given by the Holder thereof may not be converted pursuant to Article 10 Eleven hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawn as specified in this Section 3.03the following paragraph.

Appears in 2 contracts

Samples: Second Supplemental Indenture (Transocean Inc), Supplemental Indenture (Transocean Inc)

Effect of Repurchase Notice. (a) Upon receipt by the Paying Agent of the Fundamental Change Repurchase Notice specified in Section 3.01(c) or the Optional Repurchase Notice specified in Section 3.02(c) (each of the foregoing, a “Repurchase Notice”)3.08, the Holder of the Note Security in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is withdrawn as specified in this Section 3.03validly withdrawn) thereafter be entitled to receive solely the Fundamental Change Repurchase Price or Optional Repurchase Price (each of the foregoing, a “Repurchase Price”), as applicable, and any accrued and unpaid interest (including any Additional Interest) to but not including the Fundamental Change Repurchase Date or Optional Repurchase Date (each of the foregoing, a “Repurchase Date”), as applicable, with respect to such NoteSecurity. Such Repurchase Price shall be paid to such Holder, subject to receipt of funds and/or Securities by the Paying Agent, on or prior to promptly following the later of (x) the Repurchase Date with respect to such Note (provided the Holder has satisfied the conditions in Section 3.01(c) or Section 3.02(c), as applicable, have been satisfied3.08) and (y) the time of delivery of such Note Security to the Paying Agent by the Holder thereof in the manner required by Section 3.01(c) or Section 3.02(c), as applicable3.08. Notes Securities in respect of which a Repurchase Notice has been given by the Holder thereof may not be converted pursuant to Article 10 hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawn as specified in this Section 3.03withdrawn.

Appears in 1 contract

Samples: Indenture (Apex Silver Mines LTD)

Effect of Repurchase Notice. (a) Upon receipt by the Paying Agent of the Fundamental Change Repurchase Notice specified in Section 3.01(c) or the Optional Repurchase Notice specified in Section 3.02(c) (each of the foregoing, a “Repurchase Notice”), the Holder of the Note Security in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is withdrawn as specified in this Section 3.03the following two paragraphs) thereafter be entitled to receive solely the Fundamental Change Repurchase Price or Optional Repurchase Price (each of the foregoing, a “Repurchase Price”), as applicable, and any accrued and unpaid interest (including any Additional Interest) to but not including the Fundamental Change Repurchase Date or Optional Repurchase Date (each of the foregoing, a “Repurchase Date”), as applicable, with respect to such NoteSecurity. Such Repurchase Price shall be paid to such Holder, subject to receipt of funds and/or securities by the Paying Agent, on or prior to promptly following the later of (x) the Repurchase Date with respect to such Note Security (provided the conditions in Section 3.01(c) or Section 3.02(c), as applicable, 13.1 have been satisfied) and (y) the time of delivery of such Note Security to the Paying Agent by the Holder thereof in the manner required by Section 3.01(c) or Section 3.02(c), as applicable13.1. Notes Securities in respect of which a Repurchase Notice has been given by the Holder thereof may not be converted pursuant to Article 10 4 hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawn as specified in this Section 3.03the following two paragraphs.

Appears in 1 contract

Samples: Alza Corp

Effect of Repurchase Notice. (a) Upon receipt by the Paying Agent of the Fundamental Change Repurchase Notice specified in Section 3.01(c) or the Optional Repurchase 0000 Xxxxxxxxxx Notice specified in Section 3.02(c) (each of the foregoing, a “Repurchase Notice”), the Holder of the Note in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is withdrawn as specified in this Section 3.03) thereafter be entitled to receive solely the Fundamental Change Repurchase Price or Optional 2019 Repurchase Price (each of the foregoing, a “Repurchase Price”), as applicable, and any accrued and unpaid interest (including any Additional Interest) to but not including the Fundamental Change Repurchase Date or Optional 2019 Repurchase Date (each of the foregoing, a “Repurchase Date”), as applicable, with respect to such Note. Such Repurchase Price shall be paid to such Holder, subject to receipt of funds by the Paying Agent, on or prior to the later of (x) the Repurchase Date with respect to such Note (provided the conditions in Section 3.01(c) or Section 3.02(c), as applicable, have been satisfied) and (y) the time of delivery of such Note to the Paying Agent by the Holder thereof in the manner required by Section 3.01(c) or Section 3.02(c), as applicable. Notes in respect of which a Repurchase Notice has been given by the Holder thereof may not be converted pursuant to Article 10 hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawn as specified in this Section 3.03.

Appears in 1 contract

Samples: Indenture (Micron Technology Inc)

Effect of Repurchase Notice. (a) Upon receipt by the Paying Agent of the Fundamental Change Repurchase Notice specified in Section 3.01(c) or the Optional Repurchase 0000 Xxxxxxxxxx Notice specified in Section 3.02(c) (each of the foregoing, a “Repurchase Notice”), the Holder of the Note in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is withdrawn as specified in this Section 3.03) thereafter be entitled to receive solely the Fundamental Change Repurchase Price or Optional 2028 Repurchase Price (each of the foregoing, a “Repurchase Price”), as applicable, and any accrued and unpaid interest (including any Additional Interest) to but not including the Fundamental Change Repurchase Date or Optional 2028 Repurchase Date (each of the foregoing, a “Repurchase Date”), as applicable, with respect to such Note. Such Repurchase Price shall be paid to such Holder, subject to receipt of funds by the Paying Agent, on or prior to the later of (x) the Repurchase Date with respect to such Note (provided the conditions in Section 3.01(c) or Section 3.02(c), as applicable, have been satisfied) and (y) the time of delivery of such Note to the Paying Agent by the Holder thereof in the manner required by Section 3.01(c) or Section 3.02(c), as applicable. Notes in respect of which a Repurchase Notice has been given by the Holder thereof may not be converted pursuant to Article 10 hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawn as specified in this Section 3.03.

Appears in 1 contract

Samples: Indenture (Micron Technology Inc)

Effect of Repurchase Notice. (a) Upon receipt by the Paying Agent of the Fundamental Change Repurchase Notice specified in Section 3.01(c) or the Optional Repurchase 0000 Xxxxxxxxxx Notice specified in Section 3.02(c) (each of the foregoing, a “Repurchase Notice”), the Holder of the Note in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is withdrawn as specified in this Section 3.03) thereafter be entitled to receive solely the Fundamental Change Repurchase Price or Optional 2020 Repurchase Price (each of the foregoing, a “Repurchase Price”), as applicable, and any accrued and unpaid interest (including any Additional Interest) to but not including the Fundamental Change Repurchase Date or Optional 2020 Repurchase Date (each of the foregoing, a “Repurchase Date”), as applicable, with respect to such Note. Such Repurchase Price shall be paid to such Holder, subject to receipt of funds by the Paying Agent, on or prior to the later of (x) the Repurchase Date with respect to such Note (provided the conditions in Section 3.01(c) or Section 3.02(c), as applicable, have been satisfied) and (y) the time of delivery of such Note to the Paying Agent by the Holder thereof in the manner required by Section 3.01(c) or Section 3.02(c), as applicable. Notes in respect of which a Repurchase Notice has been given by the Holder thereof may not be converted pursuant to Article 10 hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawn as specified in this Section 3.03.

Appears in 1 contract

Samples: Indenture (Micron Technology Inc)

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Effect of Repurchase Notice. (a) Upon receipt by the Paying Agent of the Fundamental Change Repurchase Notice specified in Section 3.01(c) or the Optional Repurchase Notice specified in Section 3.02(c) (each of the foregoing, a “Repurchase Notice”12.01(c), the Holder of the Note Security in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is withdrawn as specified in this Section 3.03the following paragraph) thereafter be entitled to receive solely the Fundamental Change Repurchase Price or Optional Repurchase Price (each of the foregoing, a “Repurchase Price”), as applicable, and any accrued and unpaid interest (including any Additional Interest) to but not including the Fundamental Change Repurchase Date or Optional Repurchase Date (each of the foregoing, a “Repurchase Date”), as applicable, with respect to such NoteSecurity. Such Repurchase Price shall be paid to such Holder, subject to receipt of funds cash by the Paying Agent, on or prior to promptly following the later of (xa) the Repurchase Date with respect to such Note Security (provided the conditions in Section 3.01(c12.01(c) or Section 3.02(c), as applicable, have been satisfied) and (yb) the time of delivery of such Note Security to the Paying Agent by the Holder thereof in the manner required by Section 3.01(c) or Section 3.02(c12.01(c), as applicable. Notes Securities in respect of which a Repurchase Notice has been given by the Holder thereof may not be converted pursuant to Article 10 XIV hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawn as specified in this Section 3.03the following paragraph.

Appears in 1 contract

Samples: Indenture (JDS Uniphase Corp /Ca/)

Effect of Repurchase Notice. (a) Upon receipt by the Paying Agent of the Fundamental Change Repurchase Notice specified in Section 3.01(c) or the Optional Repurchase 0000 Xxxxxxxxxx Notice specified in Section 3.02(c) (each of the foregoing, a “Repurchase Notice”), the Holder of the Note in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is withdrawn as specified in this Section 3.03) thereafter be entitled to receive solely the Fundamental Change Repurchase Price or Optional 2018 Repurchase Price (each of the foregoing, a “Repurchase Price”), as applicable, and any accrued and unpaid interest (including any Additional Interest) to but not including the Fundamental Change Repurchase Date or Optional 2018 Repurchase Date (each of the foregoing, a “Repurchase Date”), as applicable, with respect to such Note. Such Repurchase Price shall be paid to such Holder, subject to receipt of funds by the Paying Agent, on or prior to the later of (x) the Repurchase Date with respect to such Note (provided the conditions in Section 3.01(c) or Section 3.02(c), as applicable, have been satisfied) and (y) the time of delivery of such Note to the Paying Agent by the Holder thereof in the manner required by Section 3.01(c) or Section 3.02(c), as applicable. Notes in respect of which a Repurchase Notice has been given by the Holder thereof may not be converted pursuant to Article 10 hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawn as specified in this Section 3.03.

Appears in 1 contract

Samples: Indenture (Micron Technology Inc)

Effect of Repurchase Notice. (a) Upon receipt by the Paying Agent of the Fundamental Change Repurchase Notice specified in Section 3.01(c) or the Optional Repurchase Notice specified in Section 3.02(c) (each of the foregoing, a “Repurchase Notice”)4.3, the Holder holder of the a Convertible Note in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is withdrawn as specified in this Section 3.03the following paragraph) thereafter be entitled to receive solely the Fundamental Change Repurchase Price or Optional Repurchase Price (each of the foregoing, a “Repurchase Price”), as applicable, and any accrued and unpaid interest (including any Additional Interest) to but not including the Fundamental Change Repurchase Date or Optional Repurchase Date (each of the foregoing, a “Repurchase Date”), as applicable, with respect to such Convertible Note. Such Repurchase Price shall be paid to such Holderholder, subject to receipt receipts of funds cash and/or shares of Common Stock by the Paying Agent, on or prior to promptly following the later of (xa) the Repurchase Date with respect to such Convertible Note (provided the conditions in Section 3.01(c) or Section 3.02(c), as applicable, 4.3 have been satisfied) and (yb) the time of delivery of such Convertible Note to the Paying Agent by the Holder holder thereof in the manner required by Section 3.01(c) or Section 3.02(c), as applicable4.3. Convertible Notes in respect of which a Repurchase Notice has been given by the Holder holder thereof may not be converted pursuant to Article 10 hereof 14 on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawn as specified in this Section 3.03the following paragraph.

Appears in 1 contract

Samples: Gatx Corp

Effect of Repurchase Notice. (a) Upon receipt by the Paying Agent of the Fundamental Change Repurchase Notice specified in Section 3.01(c) or the Optional Repurchase 0000 Xxxxxxxxxx Notice specified in Section 3.02(c) (each of the foregoing, a “Repurchase Notice”), the Holder of the Note in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is withdrawn as specified in this Section 3.03) thereafter be entitled to receive solely the Fundamental Change Repurchase Price or Optional 2021 Repurchase Price (each of the foregoing, a “Repurchase Price”), as applicable, and any accrued and unpaid interest (including any Additional Interest) to but not including the Fundamental Change Repurchase Date or Optional 2021 Repurchase Date (each of the foregoing, a “Repurchase Date”), as applicable, with respect to such Note. Such Repurchase Price shall be paid to such Holder, subject to receipt of funds by the Paying Agent, on or prior to the later of (x) the Repurchase Date with respect to such Note (provided the conditions in Section 3.01(c) or Section 3.02(c), as applicable, have been satisfied) and (y) the time of delivery of such Note to the Paying Agent by the Holder thereof in the manner required by Section 3.01(c) or Section 3.02(c), as applicable. Notes in respect of which a Repurchase Notice has been given by the Holder thereof may not be converted pursuant to Article 10 hereof on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawn as specified in this Section 3.03.

Appears in 1 contract

Samples: Indenture (Micron Technology Inc)

Effect of Repurchase Notice. (a) Upon receipt by the Paying Agent of the Fundamental Change Repurchase Notice specified in Section 3.01(c) or the Optional Repurchase Notice specified in Section 3.02(c) (each of the foregoing, a “Repurchase Notice”12.01(c), the Holder of the Note Security in respect of which such Repurchase Notice was given shall (unless such Repurchase Notice is withdrawn as specified in this Section 3.03the following paragraph) thereafter be entitled to receive solely the Fundamental Change Repurchase Price or Optional Repurchase Price (each of the foregoing, a “Repurchase Price”), as applicable, and any accrued and unpaid interest (including any Additional Interest) to but not including the Fundamental Change Repurchase Date or Optional Repurchase Date (each of the foregoing, a “Repurchase Date”), as applicable, with respect to such NoteSecurity. Such Repurchase Price shall be paid to such Holder, subject to receipt receipts of funds cash by the Paying Agent, on or prior to promptly following the later of (xa) the Repurchase Date with respect to such Note Security (provided the conditions in Section 3.01(c12.01(c) or Section 3.02(c), as applicable, have been satisfied) and (yb) the time of delivery of such Note Security to the Paying Agent by the Holder thereof in the manner required by Section 3.01(c) or Section 3.02(c12.01(c), as applicable. Notes Securities in respect of which a Repurchase Notice has been given by the Holder thereof may not be converted pursuant to Article 10 hereof 15 on or after the date of the delivery of such Repurchase Notice unless such Repurchase Notice has first been validly withdrawn as specified in this Section 3.03the following paragraph.

Appears in 1 contract

Samples: Indenture (JDS Uniphase Corp /Ca/)

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