Common use of Notice of Purchase Date Clause in Contracts

Notice of Purchase Date. Unless the Company has elected to redeem the Securities in whole on or before such Purchase Date (to the extent permitted by this Indenture), no later than 20 Business Days prior to each Purchase Date, the Company shall mail a written notice of the purchase right to each Holder (and to beneficial owners as required by applicable law) in accordance with Section 16.2. The notice shall include a form of Purchase Notice to be completed by the Holder and shall state, as applicable: (1) the date by which the Purchase Notice must be delivered to the Paying Agent in order for a Holder to exercise the purchase right; (2) the Purchase Date; (3) the Purchase Price; (4) the procedures the Holder must follow to exercise its put right under this Section 4.1; (5) the names and addresses of the Paying Agent and the Conversion Agent; (6) that the Securities must be surrendered to the Paying Agent to collect payment; (7) that the Purchase Price for any Security as to which a Purchase Notice has been duly given and not withdrawn shall be paid promptly following the later of the Purchase Date and the time of surrender of such Security; (8) the conversion rights of the Securities; (9) the current Conversion Rate; (10) that the Securities with respect to which a Purchase Notice has been given may be converted pursuant to Article 7 of this Indenture only if (i) the Purchase Notice has been withdrawn in accordance with the terms of this Indenture or (ii) there shall be a default in the payment of the Purchase Price; (11) the procedures for withdrawing a Purchase Notice; (12) that, unless the Company defaults in making payment of such Purchase Price, interest on Securities surrendered for purchase by the Company shall cease to accrue on and after the Purchase Date; and (13) the CUSIP number(s) of the Securities. If any of the Securities is in the form of a Global Security, the Company shall modify such notice to the extent necessary to accord with the Applicable Procedures applicable to repurchases. At the Company's request, the Trustee shall give the notice of purchase right in the Company's name and at the Company's expense; provided, however, that the Company makes such request at least three Business Days (unless a shorter period shall be satisfactory to the Trustee) prior to the date by which such notice of purchase right must be given to Holders in accordance with this Section 4.1(b); provided further, however, that the text of such notice of purchase right shall be prepared by the Company.

Notice of Purchase Date. Unless the Company has elected to redeem the Securities in whole on or before such Purchase Date (to the extent permitted by this Indenture), no No later than 20 Business Days prior to each Purchase Date, the Company shall mail a written notice of the purchase right to each Holder (and to beneficial owners as required by applicable law) in accordance with Section 16.215.2. The notice shall include a form of Purchase Notice to be completed by the Holder and shall state, as applicable: (1) the date by which the Purchase Notice must be delivered to the Paying Agent in order for a Holder to exercise the purchase right; (2) the Purchase Date; (3) the Purchase Price; (4) the procedures the Holder must follow to exercise its put right under this Section 4.1; (5) the names name and addresses address of the Paying Agent and the Conversion Agent; (6) that the Securities must be surrendered to the Paying Agent to collect payment; (7) that the Purchase Price for any Security as to which a Purchase Notice has been duly given and not withdrawn shall be paid promptly following the later of the Purchase Date and the time of surrender of such Security; (8) the conversion rights rights, if any, of the Securities; (9) the current Conversion Rate; (10) that the Securities with respect as to which a Purchase Notice has been given may be converted if they are otherwise convertible pursuant to Article 7 6 of this Indenture only if (i) the Purchase Notice has been withdrawn in accordance with the terms of this Indenture or (ii) there shall be a default in the payment of the Purchase PriceIndenture; (11) the procedures for withdrawing a Purchase Notice; (12) that, unless the Company defaults in making payment of such Purchase Price, interest (including Contingent Interest and Additional Interest, if any) on Securities surrendered for purchase by the Company shall cease to accrue on and after the Purchase Date; and (13) the CUSIP number(s) of the Securities. If any of the Securities is in the form of a Global Security, the Company shall modify such notice to the extent necessary to accord with the Applicable Procedures procedures of the Depositary applicable to repurchases. At the Company's ’s request, the Trustee shall give the notice of purchase right in the Company's ’s name and at the Company's ’s expense; provided, however, provided that the Company makes such request at least three Business Days (unless a shorter period shall be satisfactory to the Trustee) prior to the date by which such notice of purchase right must be given to Holders the Holder in accordance with this Section 4.1(b); provided further, however, further that the text of such notice of purchase right shall be prepared by the Company.

Notice of Purchase Date. Unless The purchase of Units pursuant to Section 2.3 (b), the Company has elected to redeem making of progress payments and the Securities in whole making of the related Construction Advance shall take place on any Business Day occurring on or before the Construction Termination Date (each a "Purchase Date"), provided that (i) there shall be no more than two Purchase Dates in any calendar month, (ii) the aggregate Purchase Cost of the Units to be purchased on each Purchase Date and progress payments to be made on each Purchase Date shall not be less than $100,000 and (iii) the Construction Agent shall have delivered written notice of such Purchase Date (each such notice, a "Purchase Notice") to the extent permitted by this Indenture)Owner Trustee, no later than 20 the Owner Participant and the Construction Loan Agent at least two Business Days prior to each such proposed Purchase Date. Each Purchase Notice shall be in the form attached hereto as Exhibit P, appropriately completed. Prior to 12:00 noon, New York City time, on such Purchase Date, subject to the Company shall mail a written notice fulfillment of the purchase right applicable conditions precedent set forth herein, each Construction Lender shall make its Construction Percentage of the amount of the Construction Advance required to each Holder be paid on such Purchase Date available to the Owner Trustee, by transferring or delivering such amount, in funds immediately available on such Purchase Date, to the Owner Trustee, either directly to, or for deposit in, the Owner Trustee's account number 55-05-300-4673100 at Boatmen's First National Bank of Amarillo (and ABA No. 110-000- 945), account name: Credit Trust Account, with a reference to beneficial owners as required by applicable law) in accordance with Section 16.2EDNC Trust-1997. The notice shall include a form making available by the Construction Lenders of Purchase Notice the Construction Advance to be completed paid on such Purchase Date shall be deemed a waiver by the Holder and shall state, as applicable: (1) Construction Lenders of the date by which timely delivery of the Purchase Notice must be (if not theretofore delivered to the Paying Agent in order for on a Holder to exercise the purchase right; (2) the Purchase Date; (3) the Purchase Price; (4) the procedures the Holder must follow to exercise its put right under this Section 4.1; (5) the names and addresses of the Paying Agent and the Conversion Agent; (6) that the Securities must be surrendered to the Paying Agent to collect payment; (7) that the Purchase Price for any Security as to which a Purchase Notice has been duly given and not withdrawn shall be paid promptly following the later of the Purchase Date and the time of surrender of such Security; (8) the conversion rights of the Securities; (9) the current Conversion Rate; (10) that the Securities with respect to which a Purchase Notice has been given may be converted pursuant to Article 7 of this Indenture only if (i) the Purchase Notice has been withdrawn in accordance with the terms of this Indenture or (ii) there shall be a default in the payment of the Purchase Price; (11) the procedures for withdrawing a Purchase Notice; (12) that, unless the Company defaults in making payment of such Purchase Price, interest on Securities surrendered for purchase by the Company shall cease to accrue on and after the Purchase Date; and (13) the CUSIP number(s) of the Securities. If any of the Securities is in the form of a Global Security, the Company shall modify such notice to the extent necessary to accord with the Applicable Procedures applicable to repurchases. At the Company's request, the Trustee shall give the notice of purchase right in the Company's name and at the Company's expense; provided, however, that the Company makes such request at least three Business Days (unless a shorter period shall be satisfactory to the Trustee) prior to the date by which such notice of purchase right must be given to Holders in accordance with this Section 4.1(btimely basis); provided further, however, that the text of such notice of purchase right shall be prepared by the Company.

Notice of Purchase Date. Unless The Company shall send notices (each, a “Company Notice”) to the Holders, the Trustee, the Conversion Agent and the Paying Agent notice of the right to require the Company has elected to redeem the Securities in whole repurchase on or before such Purchase Date (to the extent permitted by this Indenture), no later a date that is not less than 20 Business Days prior to each nor more than 60 Business Days before any Purchase Date, as the case may be (each such date of delivery, a “Company shall mail a written notice of the purchase right to each Holder (and to beneficial owners as required by applicable law) in accordance with Section 16.2Notice Date”). The notice Each Company Notice shall include a form of Purchase Notice to be completed by the a Holder and shall state, as applicable: (1i) the date by which the Purchase Notice must be delivered to the Paying Agent in order for a Holder to exercise the purchase right; (2) the Purchase Date; (3) the applicable Purchase Price; (4ii) the procedures Conversion Rate at the Holder must follow time of such notice and any expected adjustments to exercise its put right under this Section 4.1the Conversion Rate; (5iii) the names applicable Purchase Date and addresses the last date on which a Holder may exercise its repurchase rights under Section 10.01; (iv) the name and address of the Paying Agent and the Conversion Agent; (6v) that the Securities Notes must be surrendered to the Paying Agent to collect paymentpayment of the Purchase Price; (7vi) that the Purchase Price for any Security Notes as to which a Purchase Notice has been duly given and not withdrawn shall be paid promptly following the later of the Purchase Date and the time of surrender of such Security; (8) the conversion rights of the Securities; (9) the current Conversion Rate; (10) that the Securities with respect to which a Purchase Notice has been given delivered may be converted pursuant to Article 7 of this Indenture surrendered for conversion only if (i) the applicable Purchase Notice has been withdrawn in accordance with the terms of this Indenture or First Supplemental Indenture; (iivii) there that the Purchase Price for any Notes as to which a Purchase Notice has been given and not withdrawn shall be a default in paid by the payment Paying Agent promptly following the later of the Purchase PriceDate or the time of book-entry transfer or delivery of such Notes; (11viii) the procedures for withdrawing a Purchase Noticethe Holder must follow under Section 10.01 and Section 10.02; (12ix) that, unless the Company defaults in making payment of such Purchase PricePrice on Notes covered by any Purchase Notice, interest on Securities surrendered for purchase by the Company shall will cease to accrue on and after the Purchase Date; (x) the CUSIP or ISIN number of the Notes; and (13xi) the CUSIP number(s) of the Securitiesprocedures for withdrawing a Purchase Notice. If any of the Securities is in the form of a Global SecuritySimultaneously with providing such Company Notice, the Company shall modify will promptly publicly announce through a reputable national newswire in the United States the relevant information in such notice to Company Notice and publish such information on its then existing website or through such other public medium as it may use at the extent necessary to accord with the Applicable Procedures applicable to repurchasestime. At the Company's ’s request, the Trustee shall give the notice of purchase right in the Company's name and at the Company's expense; provided, however, that the Company makes such request made at least three five Business Days (unless a shorter period shall be notice is satisfactory to the TrusteePaying Agent) prior to the date by upon which such notice of purchase right must is to be given to Holders sent, and at the Company’s expense, the Paying Agent shall give the Company Notice in accordance with this Section 4.1(b)the Company’s name; provided furtherprovided, however, that that, in all cases, the text of such notice of purchase right the Company Notice shall be prepared by the Company.