No Payment During Events of Default. Notwithstanding the foregoing, no Securities may be purchased by the Company at the option of the Holders upon a Fundamental Change pursuant to this Section 5.01 if an Event of Default has occurred and is continuing other than an Event of Default that is cured by the payment of the Fundamental Change Purchase Price on the Fundamental Change Purchase Date. Any purchase by the Company contemplated pursuant to the provisions of this Section 5.01 shall be consummated by the delivery to the Paying Agent of the consideration to be received by the Holder promptly following the later of the Fundamental Change Purchase Date or the time of the book-entry transfer or delivery of the Securities.
Appears in 7 contracts
Samples: First Supplemental Indenture (Evergreen Solar Inc), First Supplemental Indenture (Evergreen Solar Inc), Indenture (Evergreen Solar Inc)
No Payment During Events of Default. Notwithstanding the foregoing, no Securities may be purchased by the Company at the option of the Holders upon a Fundamental Change pursuant to this Section 5.01 6.01 if an Event of Default has occurred and is continuing other than an Event of Default that is cured by the payment of the Fundamental Change Purchase Price on the Fundamental Change Purchase Date. Any purchase by the Company contemplated pursuant to the provisions of this Section 5.01 6.01 shall be consummated by the delivery to the Paying Agent Trustee of the consideration to be received by the Holder promptly following the later of the Fundamental Change Purchase Date or the time of the book-entry transfer or delivery of the Securities.
Appears in 1 contract
Samples: Indenture (Evergreen Solar Inc)