Offer to Prepay Notes. The offer to prepay Notes contemplated by Sections 8.7(a) and (b) shall be an offer to prepay, in accordance with and subject to this Section 8.7, all, but not less than all, Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date specified in such offer (the “Change in Control Proposed Prepayment Date”). If such Change in Control Proposed Prepayment Date is in connection with an offer contemplated by Section 8.7(a), such date shall be a Business Day not less than 30 days and not more than 60 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the Business Day nearest to the 30th day after the date of such offer).
Appears in 10 contracts
Samples: Note Purchase Agreement (Mettler Toledo International Inc/), Note Purchase Agreement (Mettler Toledo International Inc/), Note Purchase Agreement (Mettler Toledo International Inc/)
Offer to Prepay Notes. The offer to prepay Notes contemplated by Sections 8.7(aparagraph (a) and (b) of this Section 8.7 shall be an offer to prepay, in accordance with and subject to this Section 8.7, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which date shall be a Business Day) specified in such offer (the “Change in Control Proposed Prepayment Date”). If such Change in Control Proposed Prepayment Date is in connection with an offer contemplated by Section 8.7(a), such Such date shall be a Business Day not less than 30 days and not more than 60 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the Business Day nearest to the 30th 45th day after the date of such offer).
Appears in 10 contracts
Samples: Note Purchase Agreement (SmartStop Self Storage REIT, Inc.), Note Purchase Agreement (SmartStop Self Storage REIT, Inc.), Master Note Purchase Agreement (Safehold Inc.)
Offer to Prepay Notes. The offer to prepay Notes contemplated by Sections 8.7(asubparagraphs (a) and or (b) of this Section 8.7 shall be an offer to prepay, in accordance with and subject to this Section 8.7, all, but not less than all, the Notes held by each holder of Notes (in this case only, the terms “holder” and “holder of Notes”, for purposes of this Section 8.7, shall refer to the beneficial owner in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date specified in such offer (the “Change in Control Proposed Prepayment Date”). If such Change in Control Proposed Prepayment Date is in connection with an offer contemplated by subparagraph (a) of this Section 8.7(a)8.7, such date shall be a Business Day not less than 30 20 days and not more than 60 45 days after the date of such offer (or if the Proposed Change in Control Prepayment Date shall not be specified in such offer, the Proposed Change in Control Prepayment Date shall be the first Business Day nearest to after the 30th 20th day after the date of such offer).
Appears in 6 contracts
Samples: Note Purchase and Guarantee Agreement (Getty Realty Corp /Md/), Note Purchase and Guarantee Agreement (Getty Realty Corp /Md/), Note Purchase and Guarantee Agreement (Getty Realty Corp /Md/)
Offer to Prepay Notes. The offer to prepay Notes contemplated by Sections 8.7(asubparagraph (a) and (b) of this Section 8.3 shall be an offer to prepay, in accordance with and subject to this Section 8.78.3, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date specified in such offer (the “Change in Control Proposed Prepayment Date”). If such Change in Control Proposed Prepayment Date is in connection with an offer contemplated by Section 8.7(a), such Such date shall be a Business Day not less than 30 days and not more than 60 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the first Business Day nearest to after the 30th 45th day after the date of such offer).
Appears in 5 contracts
Samples: Note Purchase Agreement (Artisan Partners Asset Management Inc.), Note Purchase Agreement (Artisan Partners Asset Management Inc.), Note Purchase Agreement (Artisan Partners Asset Management Inc.)
Offer to Prepay Notes. The offer to prepay Notes contemplated by Sections 8.7(a) and (bSection 8.4(b)(i) shall be an offer to prepayprepay (a “Change of Control Prepayment Offer”), in accordance with and subject to this Section 8.78.4(b), all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “Change in Control Proposed Prepayment Date”). If such Change in Control Proposed Prepayment Date is in connection with an offer contemplated by Section 8.7(a), such Such date shall be a Business Day not less than 30 thirty (30) days and not more than 60 sixty (60) days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the Business Day nearest to that falls on or next following the 30th forty-fifth (45th) day after the date of such offer).
Appears in 5 contracts
Samples: Note Purchase and Private Shelf Agreement (FirstService Corp), Note and Guarantee Agreement (FirstService Corp), Note and Guarantee Agreement (Firstservice Corp)
Offer to Prepay Notes. The offer to prepay Notes contemplated by Sections 8.7(a) and (b8.8(a) shall be an offer to prepay, in accordance with and subject to this Section 8.78.8, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date specified in such offer (the “Change in Control Proposed Prepayment Date”). If such Change in Control Proposed Prepayment Date is in connection with an offer contemplated by Section 8.7(a), such which date shall be a Business Day not less than 30 days Business Days and not more than 60 days 120 Business Days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the first Business Day nearest to after the 30th day 45th Business Day after the date of such offer).
Appears in 5 contracts
Samples: Note Purchase Agreement (Obsidian Energy Ltd.), Note Purchase Agreement (Obsidian Energy Ltd.), Note Purchase Agreement (Obsidian Energy Ltd.)
Offer to Prepay Notes. The offer to prepay Notes contemplated by Sections 8.7(a) and (bSection 8.3(a) shall be an offer to prepay, in accordance with and subject to this Section 8.78.3, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “Change in Control Proposed Prepayment Date”). If such Change in Control Proposed Prepayment Date is in connection with an offer contemplated by Section 8.7(a), such Such date shall be a Business Day not less than 30 days and not more than 60 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the Business Day nearest to that falls on or next following the 30th 40th day after the date of such offer).
Appears in 4 contracts
Samples: Note Purchase Agreement (Tampa Electric Co), Note Purchase Agreement (Tampa Electric Co), Note Purchase Agreement (Tampa Electric Co)
Offer to Prepay Notes. The offer to prepay Notes contemplated by Sections Section 8.7(a) and (b) shall be an offer to prepay, in accordance with and subject to this Section 8.7, all, but not less than all, of the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date specified in such offer (the “Change in Control Proposed Prepayment Date”). If such Change in Control The Proposed Prepayment Date is in connection with an offer contemplated by Section 8.7(a), such date shall be a Business Day and such date shall be not less than 30 20 days and not more than 60 30 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the Business Day nearest to the 30th day after the date of such offer).
Appears in 4 contracts
Samples: Note Purchase Agreement (South Jersey Industries Inc), Note Purchase Agreement (South Jersey Industries Inc), Note Purchase Agreement (South Jersey Industries Inc)
Offer to Prepay Notes. The offer to prepay Notes contemplated by Sections 8.7(a) and (b) shall be an offer to prepay, in accordance with and subject to this Section 8.7, all, but not less than all, Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date specified in such offer (the “Change in Control Proposed Prepayment Date”). If such Change in Control Proposed Prepayment Date is in connection with an offer contemplated by Section 8.7(a), such date shall be a Business Day not less than 30 days and not more than 60 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the Business Day nearest to the 30th day after the date of such offer).
Appears in 2 contracts
Samples: Note Purchase Agreement (Perkinelmer Inc), Note Purchase Agreement (Perkinelmer Inc)
Offer to Prepay Notes. The offer to prepay the Notes contemplated by Sections 8.7(aparagraph (a) and (b) of this Section 8.7 shall be an offer to prepayprepay by the Company, in accordance with and subject to this Section 8.7, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date specified in such offer (the “Change in Control Proposed Prepayment Date”). If such Change in Control Proposed Prepayment Date is in connection with an offer contemplated by Section 8.7(a), such Such date shall not be a Business Day not less than 30 days and not more than 60 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the first Business Day nearest to after the 30th 45th day after the date of such offer).
Appears in 2 contracts
Samples: Second Amended and Restated Note Purchase and Private Shelf Agreement (Modine Manufacturing Co), Amended and Restated Note Purchase and Private Shelf Agreement (Modine Manufacturing Co)
Offer to Prepay Notes. The offer to prepay Notes contemplated by Sections 8.7(a) and subparagraph (b) of this Section 8.3 shall be an offer to prepay, in accordance with and subject to this Section 8.78.3, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which date shall be a Business Day) specified in such offer (the “Change in Control Proposed Prepayment Date”). If such Change in Control Proposed Prepayment Date is in connection with an offer contemplated by Section 8.7(a), such Such date shall be a Business Day not less than 30 days and not more than 60 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the first Business Day nearest to after the 30th 45th day after the date of such offer).
Appears in 2 contracts
Offer to Prepay Notes. The offer to prepay Notes contemplated by Sections 8.7(aSection 8.8(a) and (bSection 8.8(b) shall be an offer to prepay, in accordance with and subject to this Section 8.78.8, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date Business Day specified in such offer (the “Change in Control Proposed Prepayment Date”). If such Change in Control Proposed Prepayment Date is in connection with an offer contemplated by Section 8.7(a8.8(a), such date Business Day shall be a Business Day not less than 30 20 days and not more than 60 30 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the Business Day nearest to the 30th 20th day after the date of such offer, or the next succeeding Business Day thereafter if such 20th day is not a Business Day).
Appears in 2 contracts
Samples: Note Purchase Agreement (Regal Rexnord Corp), Note Purchase Agreement (Regal Rexnord Corp)
Offer to Prepay Notes. The offer to prepay Notes contemplated by Sections 8.7(asubparagraph (a) and (b) of this Section 8.8 shall be an offer to prepay, in accordance with and subject to this Section 8.78.8, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date specified in such offer (the “Change in Control Proposed Prepayment Date”). If such Change in Control Proposed Prepayment Date is in connection with an offer contemplated by Section 8.7(a), such which date shall be a Business Day not less than 30 days Business Days and not more than 60 days 120 Business Days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the first Business Day nearest to after the 30th day 45th Business Day after the date of such offer).
Appears in 2 contracts
Samples: Note Purchase Agreement (PENGROWTH ENERGY Corp), Note Purchase Agreement (Pengrowth Energy Trust)
Offer to Prepay Notes. The offer to prepay Notes contemplated by Sections 8.7(aclause (i) and (bof this Section 2(c) shall be an offer to prepay, in accordance with and subject to this Section 8.72(c), all, but not less than all, the Notes held by each holder (in this case only, “"holder” " in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date specified in such offer (the “Change in Control "Proposed Prepayment Date”). If such Change in Control Proposed Prepayment Date ") that is in connection with an offer contemplated by Section 8.7(a), such date shall be a Business Day not less than 30 15 business days and not more than 60 30 business days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the Business Day nearest to the 30th business day after the date of such offer).
Appears in 2 contracts
Samples: Note Purchase Agreement (Horizon Telcom Inc), Note Purchase Agreement (Horizon Telcom Inc)
Offer to Prepay Notes. The offer to prepay Notes contemplated by Sections 8.7(asubparagraph (a) and (b) of this Section shall be an offer to prepay, in accordance with and subject to this Section 8.7Section, all, but not less than all, the Notes held by each holder (in this case only, “"holder” " in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date (which shall be a Business Day) specified in such offer (the “Change in Control "Proposed Prepayment Date”"). If such Change in Control Proposed Prepayment Date is in connection with an offer contemplated by Section 8.7(a), such Such date shall be a Business Day not less than 30 days and not more than 60 35 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the first Business Day nearest to after the 30th day after the date of such offer).
Appears in 1 contract
Samples: Note Purchase Agreement (Johns Manville Corp /New/)
Offer to Prepay Notes. The offer to prepay Notes contemplated by Sections 8.7(a8.6(a) and (b) shall be an offer to prepay, in accordance with and subject to this Section 8.78.6, all, but not less than all, Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date specified in such offer (the “Change in Control Proposed Prepayment Date”). If such Change in Control Proposed Prepayment Date is in connection with an offer contemplated by Section 8.7(a8.6(a), such date shall be a Business Day not less than 30 days and not more than 60 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the Business Day nearest to the 30th day after the date of such offer).
Appears in 1 contract
Samples: Note Purchase Agreement (Macquarie Infrastructure CO LLC)
Offer to Prepay Notes. The offer to prepay Notes contemplated by Sections 8.7(a) and (bSection 8.5(a) shall be an offer to prepay, in accordance with and subject to this Section 8.78.5, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date specified in such offer (the “Change in Control Proposed Prepayment Date”). If such Change in Control Proposed Prepayment Date is in connection with an offer contemplated by Section 8.7(a), such ) which date shall be a Business Day not less than 30 thirty (30) days and not more than 60 one hundred twenty (120) days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the first Business Day nearest to after the 30th thirtieth (30th) day after the date of such offer).
Appears in 1 contract
Offer to Prepay Notes. The offer to prepay Notes contemplated by Sections 8.7(asubparagraph (a) and (b) of this Section 8.7 shall be an offer to prepay, in accordance with and subject to this Section 8.7, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date specified in such offer (the “Change in Control Proposed Prepayment Date”). If such Change in Control Proposed Prepayment Date is in connection with an offer contemplated by subparagraph (a) of this Section 8.7(a)8.7, such date shall be a Business Day not less than 30 days Business Days and not more than 60 days Business Days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the first Business Day nearest to after the 30th day 45th Business Day after the date of such offer).
Appears in 1 contract
Offer to Prepay Notes. The offer to prepay Notes contemplated by Sections 8.7(a) and (b) shall be an offer to prepay, in accordance with and subject to this Section 8.7, all, but not less than all, Notes held by each holder (in this case only, “"holder” " in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date specified in such offer (the “"Change in Control Proposed Prepayment Date”"). If such Change in Control Proposed Prepayment Date is in connection with an offer contemplated by Section 8.7(a)8.7, such date shall be a Business Day not less than 30 days and not more than 60 days after the date of such offer (or if the Change in Control Proposed Prepayment Date shall not be specified in such offer, the Change in Control Proposed Prepayment Date shall be the Business Day nearest to the 30th day after the date of such offer).
Appears in 1 contract
Offer to Prepay Notes. The offer to prepay Notes contemplated by Sections 8.7(a) and (b) shall be an offer to prepay, in accordance with and subject to this Section 8.7, all, but not less than all, Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean -20- such beneficial owner) on a date specified in such offer (the “Change in Control Proposed Prepayment Date”). If such Change in Control Proposed Prepayment Date is in connection with an offer contemplated by Section 8.7(a), such date shall be a Business Day not less than 30 days and not more than 60 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the Business Day nearest to the 30th day after the date of such offer).
Appears in 1 contract
Samples: Note Purchase Agreement
Offer to Prepay Notes. The offer to prepay Notes contemplated by Sections 8.7(a) and (b) shall be an offer to prepay, in accordance with and subject to this Section 8.7, all, but not less than all, Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date specified in such offer (the “Change in Control Proposed Prepayment Date”). If such Change in Control Proposed Prepayment Date is in connection with an offer contemplated by Section 8.7(a), such date shall be a Business Day not less than 30 days and not more than 60 days after the date of such offer (or if the Change in Control Proposed Prepayment Date shall not be specified in such offer, the Change in Control Proposed Prepayment Date shall be the Business Day nearest to the 30th day after the date of such offer).
Appears in 1 contract
Samples: Note Purchase Agreement (Egl Inc)
Offer to Prepay Notes. The offer to prepay Notes contemplated by Sections 8.7(a) and (b) shall be an offer to prepay, in accordance with and subject to this Section 8.7, all, but not less than all, Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date specified in such offer (the “Change in of Control Proposed Prepayment Date”). If such Change in of Control Proposed Prepayment Date is in connection with an offer contemplated by Section 8.7(a), such date shall be a Business Day not less than 30 days and not more than 60 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the Business Day nearest to the 30th day after the date of such offer).
Appears in 1 contract
Samples: Note Purchase Agreement (Essential Utilities, Inc.)
Offer to Prepay Notes. The offer to prepay Notes contemplated by Sections 8.7(a8.3(a) and (b) shall be an offer to prepay, in accordance with and subject to this Section 8.78.3, all, but not less than all, Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date specified in such offer (the “Change the“Change in Control Proposed Prepayment Date”). If such Change in Control Proposed Prepayment Date is in connection with an offer contemplated by Section 8.7(a8.3(a), such date shall be a Business Day not less than 30 days and not more than 60 days after the date of such offer (or if the Change in Control Proposed Prepayment Date shall not be specified in such offer, the Change in Control Proposed Prepayment Date shall be the Business Day nearest to the 30th day after the date of such offer).
Appears in 1 contract
Offer to Prepay Notes. The offer to prepay Notes contemplated by Sections 8.7(asubparagraph (a) and (b) of this SECTION 8.3 shall be an offer to prepay, in accordance with and subject to this Section 8.7SECTION 8.3, all, but not less than all, the Notes held by each holder (in this case only, “"holder” " in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date specified in such offer (the “Change in Control "Proposed Prepayment Date”"). If such Change in Control Proposed Prepayment Date is in connection with an offer contemplated by Section 8.7(a), such Such date shall be a Business Day not less than 30 days and not more than 60 120 days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the first Business Day nearest to after the 30th 45th day after the date of such offer).
Appears in 1 contract
Offer to Prepay Notes. The offer to prepay Notes contemplated by Sections 8.7(aSection 8.3(a) and (bSection 8.3(b) shall be an offer to prepay, in accordance with and subject to this Section 8.78.3, all, but not less than all, the Notes held by each holder (in this case only, “"holder” " in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date specified in such offer (the “Change in Control "Proposed Prepayment Date”"), without distinction between series. If such Change in Control Proposed Prepayment Date is in connection with an offer contemplated by Section 8.7(a8.3(a), such date shall be a Business Day not less than 30 days 15 Business Days and not more than 60 days 20 Business Days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the 20th Business Day nearest to the 30th day after the date of such offer).
Appears in 1 contract
Offer to Prepay Notes. The offer to prepay Notes contemplated by Sections 8.7(a) and (bSection 8.8(a) shall be an offer to prepay, in accordance with and subject to this Section 8.78.8, all, but not less than all, the Notes held by each holder (in this case only, “holder” in respect of any Note registered in the name of a nominee for a disclosed beneficial owner shall mean such beneficial owner) on a date specified in such offer (the “Change in Control Proposed Prepayment Date”). If such Change in Control Proposed Prepayment Date is in connection with an offer contemplated by Section 8.7(a), such which date shall be a Business Day not less than 30 days Business Days and not more than 60 days 120 Business Days after the date of such offer (or if the Proposed Prepayment Date shall not be specified in such offer, the Proposed Prepayment Date shall be the first Business Day nearest to after the 30th day 45th Business Day after the date of such offer).
Appears in 1 contract