Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty five (35), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E).
Appears in 141 contracts
Samples: Indenture (Fluence Energy, Inc.), Indenture (Guidewire Software, Inc.), Indenture (Core Scientific, Inc./Tx)
Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty thirty-five (35), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E).
Appears in 10 contracts
Samples: Indenture (Osi Systems Inc), Indenture (Maxeon Solar Technologies, Ltd.), Indenture (Maxeon Rooster HoldCo, Ltd.)
Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the CompanyHolder’s choosing that is no more than thirty five (35), nor less than twenty (20), ) Business Days after the later of (x) the date the Company sends delivers to the Holder the related Fundamental Change Notice pursuant to Section 4.02(E6(C); and (y) the effective date of such Fundamental Change.
Appears in 8 contracts
Samples: Third Note Amendment (Velo3D, Inc.), Note Amendment (Velo3D, Inc.), Note Amendment (Velo3D, Inc.)
Fundamental Change Repurchase Date. The “Fundamental Change Repurchase Date Date” means, for any Fundamental Change, the date specified by the Company in the Fundamental Change Notice for such Fundamental Change, which date will be a not less than twenty (20) Business Day of the Company’s choosing that is no Days, nor more than thirty five (35)) Business Days, nor less than twenty (20), Business Days after immediately following the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E)Date for such Fundamental Change.
Appears in 6 contracts
Samples: Note Purchase Agreement (Xtant Medical Holdings, Inc.), Note Purchase Agreement (Xtant Medical Holdings, Inc.), Note Purchase Agreement (Xtant Medical Holdings, Inc.)
Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty five (35), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E).
Appears in 6 contracts
Samples: Indenture (Edgio, Inc.), Indenture (2U, Inc.), Indenture (Imax Corp)
Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty five (35), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E).. (D)
Appears in 5 contracts
Samples: Indenture (Core Scientific, Inc./Tx), Indenture (Pagaya Technologies Ltd.), Indenture (Xeris Biopharma Holdings, Inc.)
Fundamental Change Repurchase Date. The “Fundamental Change Repurchase Date Date” means, for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty five (35)Change, nor less than twenty (20), Business Days after the date specified by the Company sends in the related Fundamental Change Notice pursuant to Section 4.02(E)for such Fundamental Change, which date will be not less than 20 Business Days, nor more than 35 Business Days, immediately following the Fundamental Change Notice Date for such Fundamental Change.
Appears in 5 contracts
Samples: First Supplemental Indenture (Par Technology Corp), Indenture (Par Technology Corp), Indenture (Par Technology Corp)
Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty five (35), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section Section 4.02(E).
Appears in 4 contracts
Samples: Indenture (Ani Pharmaceuticals Inc), Indenture (Biora Therapeutics, Inc.), Indenture (Lucid Group, Inc.)
Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty thirty-five (35), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E); provided, that notwithstanding the foregoing or anything to the contrary provided in this Indenture, the Fundamental Change Repurchase Date will be subject to postponement to the extent necessary to comply with the applicable rules under the Exchange Act.
Appears in 4 contracts
Samples: Indenture (SoFi Technologies, Inc.), Indenture (SoFi Technologies, Inc.), Indenture (American Eagle Outfitters Inc)
Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty forty five (3545), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E).
Appears in 3 contracts
Samples: Indenture (Outbrain Inc.), Subordination Agreement (Outbrain Inc.), Indenture (Magnite, Inc.)
Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty thirty-five (35), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E5.02(E).
Appears in 3 contracts
Samples: Ninth Supplemental Indenture (Tellurian Inc. /De/), Eighth Supplemental Indenture (Tellurian Inc. /De/), Securities Purchase Agreement (Tellurian Inc. /De/)
Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty five (3530), nor less than twenty (20), Business Days after the date the Company sends the related Final Fundamental Change Notice pursuant to Section 4.02(E8(f).
Appears in 2 contracts
Samples: Securities Purchase Agreement (FireEye, Inc.), Securities Purchase Agreement (FireEye, Inc.)
Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the CompanyHolder’s choosing that is no more than thirty five ten (35), nor less than twenty (20), 10) Business Days after the later of (x) the date the Holder delivers to the Company sends its election to require the related Fundamental Change Notice Company to repurchase this Note pursuant to Section 4.02(E6(C); and (y) the effective date of such Fundamental Change.
Appears in 2 contracts
Samples: Indenture (Tellurian Inc. /De/), Securities Purchase Agreement (Tellurian Inc. /De/)
Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day chosen by the Board of the Company’s choosing Directors that is no more than thirty five (3530), nor less than twenty (20), Business Days after the date the Company Corporation sends the related Final Fundamental Change Notice pursuant to Section 4.02(E9(f).
Appears in 2 contracts
Samples: Securities Purchase Agreement (APi Group Corp), Securities Purchase Agreement (APi Group Corp)
Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty thirty-five (35), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E7(e); provided that, in respect of any Fundamental Change for which the effective date occurs prior to October 4, 2024, the related Fundamental Change Repurchase Date shall not occur prior to the Business Day immediately succeeding the latest Termination Date.
Appears in 1 contract
Samples: Business Combination Agreement (Isos Acquisition Corp.)
Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty thirty-five (35), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(Eclause (e).
Appears in 1 contract
Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty forty five (3545), nor less than twenty thirty (2030), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E).
Appears in 1 contract
Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty five (35), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E), subject to extension if required to comply with law as a result of a change in law adopted subsequent to June 23, 2021. For the avoidance of doubt, such date, as so extended, shall be deemed to be the Fundamental Change Repurchase Date for all purposes hereof.
Appears in 1 contract
Samples: Indenture (Bentley Systems Inc)
Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty five twenty (3520), nor less than twenty ten (2010), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E8(e).
Appears in 1 contract
Samples: Investment Agreement (Shenandoah Telecommunications Co/Va/)
Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the CompanyHolder’s choosing that is no more than thirty five (35), nor less than twenty (20), ) Business Days after the later of (x) the date the Company sends delivers to the Holder the related Fundamental Change Notice pursuant to Section 4.02(E7(C); and (y) the effective date of such Fundamental Change.
Appears in 1 contract
Samples: Amending Agreement to Transaction Agreement (Tilray Brands, Inc.)
Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the CompanyCorporation’s choosing that is no more than thirty five (35), nor less than twenty (20), Business Days after the date the Company Corporation sends the related Fundamental Change Notice pursuant to Section 4.02(E11(d); provided, however, that the Fundamental Change Repurchase Date may be extended to the extent necessary to comply with applicable law.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Kennedy-Wilson Holdings, Inc.)
Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty five (35), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E).. Table of Contents
Appears in 1 contract
Samples: Indenture (Progenity, Inc.)
Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty five (35), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E). The Fundamental Change Repurchase Date shall be subject to postponement in order to allow the Company to comply with applicable law as a result of changes to such applicable law occurring after the Issue Date.
Appears in 1 contract
Samples: Indenture (Realogy Group LLC)
Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty five (35), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E4.02.(E).
Appears in 1 contract
Samples: Indenture (Perficient Inc)
Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more later than thirty five the anticipated effective date of such Fundamental Change (35), nor less than twenty (20), Business Days after the date subject to extension by the Company sends in the related event of a change in the anticipated effective date of such Fundamental Change Notice pursuant to Section 4.02(EChange).
Appears in 1 contract
Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty five (35), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E), subject to extension if required to comply with law as a result of a change in law adopted subsequent to May 7, 2020. For the avoidance of doubt, such date, as so extended, shall be deemed to be the Fundamental Change Repurchase Date for all purposes hereof.
Appears in 1 contract
Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty thirty-five (35), nor ) and not less than twenty (20), ) Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E).
Appears in 1 contract
Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty five (35), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E), subject to extension if required to comply with law as a result of a change in law adopted subsequent to January 21, 2021. For the avoidance of doubt, such date, as so extended, shall be deemed to be the Fundamental Change Repurchase Date for all purposes hereof.
Appears in 1 contract
Samples: Indenture (Bentley Systems Inc)
Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Companysuch Holder’s choosing that is no more than thirty five (35), nor less than twenty (20), ) Business Days after the later of (x) the date the Company sends delivers to such Holder the related Fundamental Change Repurchase Notice pursuant to Section 4.02(E4.02(C); and (y) the effective date of such Fundamental Change.
Appears in 1 contract
Samples: Indenture (Workhorse Group Inc.)
Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty five forty (3540), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E).
Appears in 1 contract
Samples: Indenture (Innoviva, Inc.)
Fundamental Change Repurchase Date. The Fundamental Change Repurchase Date for any Fundamental Change will be a Business Day of the Company’s choosing that is no more than thirty thirty-five (35), nor less than twenty (20), Business Days after the date the Company sends the related Fundamental Change Notice pursuant to Section 4.02(E).. (D)
Appears in 1 contract
Samples: Second Lien Indenture (Luminar Technologies, Inc./De)