Common use of Notice of the Occurrence of a Make-Whole Fundamental Change Clause in Contracts

Notice of the Occurrence of a Make-Whole Fundamental Change. If (i) a Make-Whole Fundamental Change occurs pursuant to clause (A) of the definition thereof, then, promptly and in no event later than the Business Day immediately after the Make-Whole Fundamental Change Effective Date of such Make-Whole Fundamental Change, the Company will notify the Holders, the Trustee and the Conversion Agent (if other than the Trustee) of the occurrence of such Make-Whole Fundamental Change and of such Make-Whole Fundamental Change Effective Date, and (ii) a Make-Whole Fundamental Change occurs pursuant to clause (B) of the definition thereof, the Company will notify the Holders in the manner described in Section 4.03(F). The applicable notice should include a brief statement of the circumstances under which the Conversion Rate will be increased pursuant to this Section 5.07 in connection with such Make-Whole Fundamental Change.

Appears in 2 contracts

Samples: First Supplemental Indenture (Xeris Biopharma Holdings, Inc.), First Supplemental Indenture (Xeris Pharmaceuticals Inc)

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Notice of the Occurrence of a Make-Whole Fundamental Change. If (i) a Make-Whole Fundamental Change occurs pursuant to clause (A) of the definition thereof, then, promptly and in no event later than the Business Day immediately after the Make-Whole Fundamental Change Effective Date of such Make-Whole Fundamental Change, the Company will notify the Holders, the Trustee and the Conversion Agent (if other than the Trustee) in writing of the occurrence Make-Whole Fundamental Change Effective Date of such Make-Whole Fundamental Change and of such Make-Whole Fundamental Change Effective DateChange, and (ii) a Make-Whole Fundamental Change occurs pursuant to clause (B) of the definition thereof, the Company will notify the Holders in the manner described in Section 4.03(F). The applicable notice should include a brief statement of briefly stating the circumstances under which the Conversion Rate will be increased pursuant to this Section 5.07 in connection with such Make-Whole Fundamental Change. The Company will notify the Holders, the Trustee and the Conversion Agent of each Make-Whole Fundamental Change occurring pursuant to clause (B) of the definition thereof in accordance with Section 4.03(F).

Appears in 2 contracts

Samples: Indenture (Boxed, Inc.), Indenture (Seven Oaks Acquisition Corp.)

Notice of the Occurrence of a Make-Whole Fundamental Change. If (i) a Make-Whole Fundamental Change occurs pursuant to clause (A) of the definition thereof, then, promptly and in no event later than the Business Day immediately after the Make-Whole Fundamental Change Effective Date of such Make-Whole Fundamental Change, the Company will notify the Holders, the Trustee and the Conversion Agent (if other than the Trustee) Holders of the occurrence of such Make-Whole Fundamental Change and of such Make-Whole Fundamental Change Effective Date, and (ii) a Make-Whole Fundamental Change occurs pursuant to clause (B) of the definition thereof, the Company will notify the Holders in the manner described in Section 4.03(F). The applicable notice should include a brief statement of the circumstances under which the Conversion Rate will be increased pursuant to this Section 5.07 in connection with such Make-Whole Fundamental Change.

Appears in 1 contract

Samples: Indenture (Cryoport, Inc.)

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Notice of the Occurrence of a Make-Whole Fundamental Change. If (i) a Make-Whole Fundamental Change occurs pursuant to clause (A) of the definition thereof, then, promptly and in no event later than the Business Day immediately after the Make-Whole Fundamental Change Effective Date of such Make-Whole Fundamental Change, the Company will notify the Holders, the Trustee and the Conversion Agent (if other than the Trustee) of the occurrence of such Make-Whole Fundamental Change and of such Make-Whole Fundamental Change Effective Date, and (ii) a Make-Whole Fundamental Change occurs pursuant to clause (B) of the definition thereof, the Company will notify the Holders in the manner described in Section 4.03(F). The applicable notice should include a brief statement of briefly stating the circumstances under which the Conversion Rate will be increased pursuant to this Section 5.07 in connection with such Make-Whole Fundamental Change. The Company will notify the Holders, the Trustee and the Conversion Agent of each Make-Whole Fundamental Change occurring pursuant to clause (B) of the definition thereof in accordance with Section 4.03(G).

Appears in 1 contract

Samples: Pledge and Security Agreement (Marti Technologies, Inc.)

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