Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 49 contracts

Samples: Indenture (L-3 Communications Cincinnati Electronics CORP), L 3 Communications Holdings Inc, Escrow and Disbursement Agreement (Premier Parks Inc)

Offer to Purchase by Application of Excess Proceeds. In the event ~~that, pursuant to Section 4.10 hereof,~~ that the ~~Company~~ Issuers shall be required to commence an offer to all Holders to purchase Notes pursuant to Section 4.11 (an "“Asset Sale Offer"”), it they shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "“Offer Period"”). No later than five Business Days after the termination of the Offer Period (the "“Purchase Date"”), the ~~Company~~ Issuers shall purchase the principal amount of Notes required to be purchased pursuant to Section ~~4.10 hereof~~ 4.11 (the "“Offer Amount"”) or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. Unless the Issuers default in making such payment, any Note accepted for payment pursuant to the Asset Sale Offer shall cease to accrue interest after the Purchase Date. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no ~~additional interest~~ Special Interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale ~~Offer,~~ Offer the ~~Company~~ Issuers shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 27 contracts

Samples: Tenth Supplemental Indenture (Cco Holdings LLC), Eighth Supplemental Indenture (Cco Holdings LLC), Indenture (Cco Holdings LLC)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "“Asset Sale Offer"”), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by ~~applicable law~~ Applicable Law (the "“Offer Period"”). No later than five Business Days after the termination of the Offer Period (the ~~"Purchase~~ “Settlement Date"”), the Company shall purchase and pay for the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "“Offer Amount"”) or, if less than the Offer Amount has been ~~tendered~~validly tendered (and not validly withdrawn), all Notes validly tendered (and not validly withdrawn) in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the ~~same~~ manner ~~as interest payments are made. If~~ prescribed in the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale OfferNotes. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to ~~the Trustee and~~ each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 22 contracts

Samples: Indenture (Genesis Energy Lp), Supplemental Indenture (Genesis Energy Lp), Indenture (Genesis Energy Lp)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "“Asset Sale Offer"”), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by ~~applicable law~~ Applicable Law (the "“Offer Period"”). No later than five Business Days after the termination of the Offer Period (the ~~"Purchase~~ “Settlement Date"”), the Company shall purchase and pay for the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "“Offer Amount"”) or, if less than the Offer Amount has been tendered, all Notes validly tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the ~~same~~ manner ~~as interest payments are made. If~~ prescribed in the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale OfferNotes. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to ~~the Trustee and~~ each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 20 contracts

Samples: First Supplemental Indenture (Whiting Petroleum Corp), First Supplemental Indenture (Whiting Petroleum Corp), Senior Indenture (Whiting Petroleum Corp)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an ~~offer to all Holders to purchase Notes (an "~~Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 11 contracts

Samples: Indenture (Charles River Laboratories Inc), Indenture (Charles River Laboratories Holdings Inc), Global Crossing LTD

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "~~Asset Sale Offer~~ASSET SALE OFFER"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "~~Offer Period~~OFFER PERIOD"). No later than five Business Days after the termination of the Offer Period (the "~~Purchase Date~~PURCHASE DATE"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "~~Offer Amount~~OFFER AMOUNT") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 9 contracts

Samples: Indenture (Axiohm Transaction Solutions Inc), Indenture (Mark I Molded Plastics of Tennessee Inc), Indenture (Key Energy Group Inc)

Offer to Purchase by Application of Excess Proceeds. In the event ~~that, pursuant to Section 4.10 hereof,~~ that the ~~Company~~ Issuers shall be required to commence an offer to all Holders to purchase Notes pursuant to Section 4.11 (an "Asset Sale Offer"), it they shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the ~~Company~~ Issuers shall purchase the principal amount of Notes required to be purchased pursuant to Section ~~4.10 hereof~~ 4.11 (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. Unless the Issuers default in making such payment, any Note accepted for payment pursuant to the Asset Sale Offer shall cease to accrue interest after the Purchase Date. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no ~~additional interest~~ Special Interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale ~~Offer,~~ Offer the ~~Company~~ Issuers shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 7 contracts

Samples: Indenture (Charter Communications Inc /Mo/), Indenture (Cco Holdings Capital Corp), Indenture (Charter Communications Holdings Capital Corp)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders~~, with a copy to the Trustee~~. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 7 contracts

Samples: Indenture (SFC New Holdings Inc), Sycamore Park Convalescent Hospital, Exx Inc/Nv/

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an ~~offer to all Holders to purchase Notes (an "~~Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders~~, with a copy to the Trustee~~. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 6 contracts

Samples: Indenture (SFX Entertainment Inc), Indenture (SFX Broadcasting Inc), SFX Entertainment Inc

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "“Asset Sale Offer"”), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by ~~applicable law~~ Applicable Law (the "“Offer Period"”). No later than five Business Days after the termination of the Offer Period (the ~~"Purchase~~ “Settlement Date"”), the Company shall purchase and pay for the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "“Offer Amount"”) or, if less than the Offer Amount has been ~~tendered~~validly tendered (and not validly withdrawn), all Notes validly tendered (and not validly withdrawn) in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the ~~same~~ manner ~~as interest payments are made. If~~ prescribed in the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale OfferNotes. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class ~~mail~~mail (or otherwise send pursuant to the applicable procedures of the Depositary), a notice to ~~the Trustee and~~ each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 5 contracts

Samples: Indenture (Martin Midstream Partners L.P.), Indenture (Martin Midstream Partners L.P.), Indenture (Martin Midstream Partners L.P.)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "“Asset Sale Offer"”), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by ~~applicable law~~ Applicable Law (the "“Offer Period"”). No later than five Business Days after the termination of the Offer Period (the ~~"Purchase~~ “Settlement Date"”), the Company shall purchase and pay for the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "“Offer Amount"”) or, if less than the Offer Amount has been ~~tendered~~validly tendered (and not validly withdrawn), all Notes validly tendered (and not validly withdrawn) in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the ~~same~~ manner ~~as interest payments are made. If~~ prescribed in the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale OfferNotes. Upon the commencement of an Asset Sale Offer, the Company shall ~~send, by first class mail,~~ send a notice to ~~the Trustee and~~ each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 4 contracts

Samples: Indenture (Global Partners Lp), Indenture (Global Partners Lp), Indenture (Global Partners Lp)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an ~~offer~~ Asset Sale Offer to all Holders to purchase ~~Notes (an "Asset Sale Offer")~~Notes, it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 4 contracts

Samples: Indenture (Ames Department Stores Inc), Indenture (Ames Department Stores Inc), Planet Hollywood International Inc

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "“Asset Sale Offer"”), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by ~~applicable law~~ Applicable Law (the "“Offer Period"”). No later than five Business Days after the termination of the Offer Period (the ~~"Purchase~~ “Settlement Date"”), the Company shall purchase and pay for the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "“Offer Amount"”) or, if less than the Offer Amount has been ~~tendered~~validly tendered (and not validly withdrawn), all Notes validly tendered (and not validly withdrawn) in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the ~~same~~ manner ~~as interest payments are made. If~~ prescribed in the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale OfferNotes. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class ~~mail~~mail (or otherwise deliver in accordance with the procedures of DTC), a notice to ~~the Trustee and~~ each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 3 contracts

Samples: Indenture (Calumet Specialty Products Partners, L.P.), Indenture (Calumet Specialty Products Partners, L.P.), Indenture (Calumet Specialty Products Partners, L.P.)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes validly tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest and Liquidated Damages, if any, shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest or Liquidated Damages shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to ~~the Trustee and~~ each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 3 contracts

Samples: Indenture (Tesoro Alaska Co), Indenture (Tesoro Alaska Co), Victory Finance Inc

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to ~~the Trustee and~~ each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 3 contracts

Samples: Indenture (Aki Holding Corp), Onepoint Communications Corp /De, G & G Retail Inc

Offer to Purchase by Application of Excess Proceeds. In the event ~~that, pursuant to Section 4.10 hereof,~~ that the ~~Company~~ Issuers shall be required to commence an offer to all Holders to purchase Notes pursuant to Section 4.11 (an "Asset Sale Offer"), it they shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the ~~Company~~ Issuers shall purchase the principal amount at maturity of Notes required to be purchased pursuant to Section ~~4.10 hereof~~ 4.11 (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. Unless the Issuers default in making such payment, any Note accepted for payment pursuant to the Asset Sale Offer shall cease to accrue interest after the Purchase Date. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no ~~additional interest~~ Special Interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale ~~Offer,~~ Offer the ~~Company~~ Issuers shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 3 contracts

Samples: Indenture (Charter Communications Inc /Mo/), Indenture (Charter Communications Holdings Capital Corp), Charter Communications Inc /Mo/

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "“Asset Sale Offer"”), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by ~~applicable law~~ Applicable Law (the "“Offer Period"”). No later than five Business Days after the termination of the Offer Period (the ~~"Purchase~~ “Settlement Date"”), the Company shall purchase and pay for the ~~principal amount~~ Reduced Principal Amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "“Offer Amount"”) or, if less than the Offer Amount has been tendered, all Notes validly tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the ~~same~~ manner ~~as interest payments are made. If~~ prescribed in the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale OfferNotes. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to ~~the Trustee and~~ each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 3 contracts

Samples: Fourth Supplemental Indenture (Whiting Petroleum Corp), Fifth Supplemental Indenture (Whiting Petroleum Corp), Second Supplemental Indenture (Whiting Petroleum Corp)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the ~~Company~~ Issuers shall be required to commence ~~an offer~~ a pro rata Asset Sale Offer (as defined in Section 4.10) to all Holders of the Notes and all holders of other Priority Lien Debt containing provisions similar to those set forth in this Section 3.09 and Section 4.10 hereof with respect to offers to purchase or redeem with the Net Cash Proceeds of sales of assets to purchase such Notes ~~(an "Asset Sale Offer")~~and such other Priority Lien Debt, it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of ~~20 Business Days~~ at least 30 days following its commencement ~~and~~ but no ~~longer~~longer than 60 days, except to the extent that a longer period is required by applicable law (the "“Offer Period"”). ~~No later than five Business Days~~ Promptly after the termination of the Offer Period (the "“Purchase Date"”), the ~~Company~~ Issuers shall purchase the principal amount of Notes and such other Priority Lien Debt required to be purchased pursuant to Section 4.10 hereof (the "“Offer Amount"”) or, if less than the Offer Amount has been tendered, all Notes and other Priority Lien Debt tendered and not withdrawn in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the ~~Company~~ Issuers shall send, by first class ~~mail~~mail (or in the case of Global Notes, in accordance with the Applicable Procedures), a notice to ~~the Trustee and~~ each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 3 contracts

Samples: Indenture (Peabody Energy Corp), Indenture (Peabody Energy Corp), Transaction Support Agreement (Peabody Energy Corp)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes validly tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest and Liquidated Damages, if any, shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest or Liquidated Damages, if any, shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to ~~the Trustee and~~ each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 3 contracts

Samples: Supplemental Indenture (Trico Marine Services Inc), Frontier Oil Corp /New/, Pumpkin Air Inc

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders of Notes and, to the extent required by the terms thereof, to all holders or lenders of other Pari Passu Indebtedness, to purchase Notes and any such Pari Passu Indebtedness (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 ~~hereof~~ hereof, giving effect to any related offer for Pari Passu Indebtedness pursuant to Section 4.10, (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders~~, with a copy to the Trustee~~. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 3 contracts

Samples: Indenture (Cumulus Media Inc), Indenture (Lomak Petroleum Inc), Canton Oil & Gas Co

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company ~~shall be~~ is required to commence ~~an offer to all Holders to purchase Notes (an "Asset Sale~~ a Net Proceeds Offer"), it ~~shall~~ will follow the procedures specified below. The ~~Asset Sale~~ Net Proceeds Offer ~~shall~~ will remain open for a period of at least 20 Business Days following its commencement and ~~no longer~~not more than 30 Business Days, except to the extent that a longer period is required by applicable law (the "“Offer Period"”). No The Net Proceeds Offer Payment Date shall be no later than five Business Days after the termination of the Offer ~~Period (~~Period. On the ~~"Purchase~~ Net Proceeds Offer Payment Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 ~~hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer~~hereof. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the ~~Purchase~~ Net Proceeds Offer Payment Date is on or after an interest record date and on or before the related ~~interest payment date~~Interest Payment Date, any accrued and unpaid ~~interest~~ interest, if any, shall be paid to the Person in whose name a Note is registered at the close of business on such record date~~, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer~~. Upon the commencement of ~~an Asset Sale~~ a Net Proceeds Offer, the Company ~~shall~~ will send, by first class ~~mail~~mail (or in the case of Notes held in book entry form, by electronic transmission), a notice to ~~the Trustee and~~ each of the Holders, with a copy to the Trustee. The notice ~~shall~~ will contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the ~~Asset Sale~~ Net Proceeds Offer~~. The Asset Sale Offer shall be made to all Holders~~. The notice, which ~~shall~~ will govern the terms of the ~~Asset Sale~~ Net Proceeds Offer, ~~shall~~ will state:

Appears in 3 contracts

Samples: Supplemental Indenture (Red Rock Resorts, Inc.), Supplemental Indenture (Red Rock Resorts, Inc.), Supplemental Indenture (Red Rock Resorts, Inc.)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company ~~shall be~~ is required to commence an ~~offer~~ Asset Sale Offer to all Holders to purchase Notes ~~(an "Asset Sale Offer")~~and, to the extent required by the terms of the Pari Passu Notes, to all holders of Pari Passu Notes, it ~~shall~~ will follow the procedures specified below. The Asset Sale Offer ~~shall~~ will remain open for a period of at least 20 Business Days following its commencement and ~~no longer~~not more than 30 Business Days, except to the extent that a longer period is required by applicable law (the "“Offer Period"”). No later than five Business Days after the termination of the Offer Period (the "“Purchase Date"”), the Company ~~shall~~ will apply all Excess Proceeds (the “Offer Amount”) to the purchase ~~the principal amount~~ of Notes ~~required to be purchased pursuant to~~ and Pari Passu Notes as specified in Section ~~4.10 hereof (the "Offer Amount"~~4.10(d) or, if less than the Offer Amount has been tendered, all Notes and Pari Passu Notes validly tendered and not withdrawn in response to the Asset Sale Offer. Payment for any Notes so purchased ~~shall~~ will be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company ~~shall~~ will send, by first class mail, a notice to ~~the Trustee and~~ each of the Holders, with a copy to the Trustee. The notice ~~shall~~ will contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which ~~shall~~ will govern the terms of the Asset Sale Offer, ~~shall~~ will state:

Appears in 3 contracts

Samples: Indenture (Era Group Inc.), Indenture (Era Group Inc.), Indenture (Seacor Holdings Inc /New/)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Senior Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Senior Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Senior Notes tendered in response to the Asset Sale Offer. Payment for any Senior Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Senior Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Senior Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Senior Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 3 contracts

Samples: Indenture (Varsity Spirit Corporation), Indenture (Riddell Sports Inc), Indenture (Riddell Sports Inc)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section ~~4.10~~ 3.6 hereof, the Company shall be required to commence an ~~offer to all Holders to purchase Notes (an "~~Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "~~Offer Period~~ASSET SALE OFFER PERIOD"). No later than five Business Days after the termination of the Asset Sale Offer Period (the "~~Purchase Date~~ASSET SALE OFFER PURCHASE DATE"), the Company shall purchase the principal amount of ~~Notes~~ Securities required to be purchased pursuant to Section ~~4.10~~ 3.6 hereof (the "~~Offer Amount~~ASSET SALE OFFER AMOUNT") or, if less than the Asset Sale Offer Amount has been tendered, all ~~Notes~~ Securities tendered in response to the Asset Sale Offer. Payment for any ~~Notes~~ Securities so purchased shall be made in the same manner as interest payments are made. If the Asset Sale Offer Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a ~~Note~~ Security is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender ~~Notes~~ Securities pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders~~, with a copy to the Trustee~~. The notice shall contain all instructions and materials necessary to enable such Holders to tender ~~Notes~~ Securities pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 2 contracts

Samples: Ne Restaurant Co Inc, Bertuccis of White Marsh Inc

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section ~~4.10~~ 4.16 hereof, the Company shall be required to ~~commence~~ make an offer to all Holders of Notes to purchase Notes (an "“Asset Sale Offer"”), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for ~~a period of 20 Business Days following its commencement~~ at least 30 and ~~no longer~~not more than 60 days, except to the extent that a longer period is required by applicable law (the "“Offer Period"”). ~~No later than~~ On a date within five Business Days after the termination of the Offer Period (the "“Purchase Date"”), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section ~~4.10~~ 4.16 hereof (the "“Offer Amount"”) or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. ~~Payment for~~ The Company shall comply with any ~~Notes so purchased shall~~ tender offer rules under the Exchange Act which may then be applicable, including Rule 14e-1, in connection with any offer required to be made in by the ~~same manner~~ Company to repurchase the Notes as ~~interest payments are made~~a result of an Asset Sale Offer. If the Purchase Date is on or after ~~an interest record date~~ a Regular Record Date and on or before the related ~~interest payment date~~Interest Payment Date, any accrued and unpaid ~~interest~~ interest, if any, shall be paid to the Person in whose name a Note is registered at the close of business on such ~~record date~~Regular Record Date, and no additional ~~interest~~ interest, if any, shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, (or transmitted electronically in accordance with applicable procedures of DTC), a notice to ~~the Trustee and~~ each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 2 contracts

Samples: Playa Hotels & Resorts N.V., Playa Hotels & Resorts B.V.

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section ~~4.10~~ 4.10(d) hereof, the Company ~~shall be~~ is required to commence an offer to all Holders to purchase Notes (an "“Asset Sale Offer"”), it ~~shall~~ will follow the procedures specified in Section 4.10(d) and (e) and the additional procedures specified below. The Asset Sale Offer ~~shall~~ will remain open for a period of at least 20 Business Days following its commencement and ~~no longer~~not more than 30 Business Days, except to the extent that a longer period is required by applicable law (the "“Offer Period"”). No later than ~~five~~ three Business Days after the termination of the Offer Period (the "“Purchase Date"”), the Company ~~shall purchase~~ will apply all Excess Proceeds (the ~~principal amount of Notes required to be purchased~~ “Offer Amount”) pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made4.10(d). If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest ~~shall~~ will be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest ~~shall~~ will be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company ~~shall~~ will send, by first class ~~mail~~mail (or otherwise cause to be transmitted in accordance with the Applicable Procedures), a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice ~~shall~~ will contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The ~~Asset Sale Offer shall be made to all Holders. The~~ notice, which ~~shall~~ will govern the terms of the Asset Sale Offer, ~~shall~~ will state:

Appears in 2 contracts

Samples: Indenture (FirstCash Holdings, Inc.), Indenture (Firstcash, Inc)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company ~~shall be~~ is required to commence an offer to all Holders to purchase Notes (an "Asset Sale Offer"), it ~~shall~~ will follow the procedures specified below. The Asset Sale Offer shall be made to all Holders. The Asset Sale Offer will remain open for a period of at least 20 Business Days following its commencement and ~~no longer~~not more than 30 Business Days, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than ~~five~~ three Business Days after the termination of the Offer Period (the "Purchase Date"), the Company ~~shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof~~ will apply all Excess Proceeds (the "Offer Amount") to the purchase of Notes or, if less than the Offer Amount has been tendered, all Notes and other Indebtedness tendered in response to the Asset Sale Offer. Payment for any Notes so purchased ~~shall~~ will be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest ~~shall~~ and Liquidated Damages, if any, will be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest ~~shall~~ will be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company ~~shall~~ will send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice ~~shall~~ will contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The ~~Asset Sale Offer shall be made to all Holders. The~~ notice, which ~~shall~~ will govern the terms of the Asset Sale Offer, ~~shall~~ will state:

Appears in 2 contracts

Samples: Indenture (Mueller Holdings (N.A.), Inc.), Mueller Holdings (N.A.), Inc.

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section ~~4.10~~ 4.16 hereof, the Company shall be required to ~~commence~~ make an offer to all Holders of Notes to purchase Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for ~~a period of 20 Business Days following its commencement~~ at least 30 and ~~no longer~~not more than 40 days, except to the extent that a longer period is required by applicable law (the "Offer Period"). ~~No later than~~ On a date within five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section ~~4.10~~ 4.16 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. ~~Payment for~~ The Company shall comply with any ~~Notes so purchased shall~~ tender offer rules under the Exchange Act which may then be applicable, including Rule 14e-1, in connection with any offer required to be made in by the ~~same manner~~ Company to repurchase the Notes as ~~interest payments are made~~a result of an Asset Sale Offer. If the Purchase Date is on or after ~~an interest record date~~ a Regular Record Date and on or before the related ~~interest payment date~~Interest Payment Date, any accrued and unpaid interest and Liquidated Damages, if any, shall be paid to the Person in whose name a Note is registered at the close of business on such ~~record date~~Regular Record Date, and no additional interest or Liquidated Damages, if any, shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to ~~the Trustee and~~ each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 2 contracts

Samples: Indenture (GHTV Inc), Village at Breckenridge Acquisition Corp Inc

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the Accreted Value or principal ~~amount~~ amount, as the case may be, of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 2 contracts

Samples: Crown Castle International Corp, Crown Castle International Corp

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the ~~Company~~ Issuer shall be required to commence an offer to all Holders to purchase Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the ~~Company~~ Issuer shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the ~~Company~~ Issuer shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 2 contracts

Samples: Indenture (Anchor Holdings Inc), Insight Communications Co Inc

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the ~~Company~~ Issuer shall be required to commence an offer to all Holders to purchase Notes (an "~~Asset Sale Offer~~ASSET SALE OFFER"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "~~Offer Period~~OFFER PERIOD"). No later than five Business Days after the termination of the Offer Period (the "~~Purchase Date~~PURCHASE DATE"), the ~~Company~~ Issuer shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "~~Offer Amount~~OFFER AMOUNT") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the ~~Company~~ Issuer shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 2 contracts

Samples: Management Agreement (International Specialty Products Inc /New/), Decrane Holdings Co

Offer to Purchase by Application of Excess Proceeds. In the event ~~that, pursuant to Section 4.10 hereof,~~ that the ~~Company~~ Issuer shall be required to commence an offer to all Holders to purchase Notes pursuant to Section 4.11 (an "“Asset Sale Offer"”), it they shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "“Offer Period"”). No later than five Business Days after the termination of the Offer Period (the "“Purchase Date"”), the ~~Company~~ Issuer shall purchase the principal amount of Notes required to be purchased pursuant to Section ~~4.10 hereof~~ 4.11 (the "“Offer Amount"”) or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. Unless the Issuer defaults in making such payment, any Note accepted for payment pursuant to the Asset Sale Offer shall cease to accrue interest after the Purchase Date. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no ~~additional interest~~ Special Interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale ~~Offer,~~ Offer the ~~Company~~ Issuer shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 2 contracts

Samples: Supplemental Indenture (Charter Communications, Inc. /Mo/), Supplemental Indenture (Charter Communications, Inc. /Mo/)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section ~~4.10~~ 4.06 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section ~~4.10~~ 4.06 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 2 contracts

Samples: Entercom Communications Corp, Entercom Radio LLC

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "“Asset Sale Offer"”), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by ~~applicable law~~ Applicable Law (the "“Offer Period"”). No later than five Business Days after the termination of the Offer Period (the ~~"Purchase~~ “Settlement Date"”), the Company shall purchase and pay for the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "“Offer Amount"”) or, if less than the Offer Amount has been tendered, all Notes validly tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the ~~same~~ manner ~~as interest payments are made. If~~ prescribed in the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale OfferNotes. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, (or otherwise deliver in accordance with the applicable procedures of the Depositary) a notice to ~~the Trustee and~~ each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 2 contracts

Samples: Third Supplemental Indenture (Whiting Petroleum Corp), Fourth Supplemental Indenture (Whiting Petroleum Corp)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders (and to holders of other Pari Passu Indebtedness of the Company designated by the Company) to purchase Notes (and such other Pari Passu Indebtedness of the Company) (an "“Asset Sale Offer"”), it shall follow the procedures specified below. The Company shall complete the Asset Sale Offer no earlier than 10 days and no later than 60 days after notice of the Asset Sale Offer is provided to the Holders or such later date as may be required by applicable law. The Asset Sale Offer shall remain open for a period of ~~20 Business Days~~ 10 days following its ~~commencement and no longer~~commencement, ~~except~~ or longer to the extent that a longer period is required by applicable law (the "“Offer Period"”). No later than five Business Days after the termination of the Offer Period (the "“Purchase Date"”), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "“Offer Amount"”) or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall ~~send, by first class mail,~~ send a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 2 contracts

Samples: Indenture (Asbury Automotive Group Inc), Supplemental Indenture (Asbury Automotive Group Inc)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the ~~principal amount~~ Accreted Value of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 2 contracts

Samples: Xm Satellite Radio Holdings Inc, Xm Satellite Radio Inc

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. ~~Payment for any Notes so purchased shall be made in the same manner as interest payments are made.~~ If the Purchase Date is on or after ~~an interest record date~~ a Regular Record Date and on or before the related ~~interest payment date~~Interest Payment Date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such ~~record date~~Regular Record Date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to ~~the Trustee and~~ each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 2 contracts

Samples: Credit Agreement (Massic Tool Mold & Die Inc), Execution (Massic Tool Mold & Die Inc)

Appears in 2 contracts

Samples: Dominos Inc, Dominos Pizza Government Services Division Inc

Offer to Purchase by Application of Excess Proceeds. In the event ~~that,~~ that pursuant to Section ~~4.10~~ 4.08 hereof, the Company shall be required to commence an ~~offer to all Holders to purchase Notes (an "~~Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its ~~commencement and no longer~~commencement, except to the extent that a longer period is required by applicable law (the "“Offer Period"”). No later than five Business Days after the termination of the Offer Period (the "“Purchase Date"”), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section ~~4.10~~ 4.08 hereof (the "“Offer Amount"”) or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. ~~Payment for any Notes so purchased shall be made in the same manner as interest payments are made.~~ If the Purchase Date is on or after an ~~interest record date~~ Regular Record Date and on or before the related ~~interest payment date~~Interest Payment Date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon ~~the~~ commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders~~, with a copy to the Trustee~~. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 2 contracts

Samples: Indenture (Lifepoint Hospitals, Inc.), Indenture (Lifepoint Hospitals, Inc.)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence ~~an offer~~ a pro rata Asset Sale Offer (as defined in Section 4.10) to all Holders of the Notes and all holders of other Priority Lien Debt containing provisions similar to those set forth in this Section 3.09 and Section 4.10 hereof with respect to offers to purchase or redeem with the Net Cash Proceeds of sales of assets to purchase such Notes ~~(an "Asset Sale Offer")~~and such other Priority Lien Debt, it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of ~~20 Business Days~~ at least 30 days following its commencement ~~and~~ but no ~~longer~~longer than 60 days, except to the extent that a longer period is required by applicable law (the "“Offer Period"”). ~~No later than five Business Days~~ Promptly after the termination of the Offer Period (the "“Purchase Date"”), the Company shall purchase the principal amount of Notes and such other Priority Lien Debt required to be purchased pursuant to Section 4.10 hereof (the "“Offer Amount"”) or, if less than the Offer Amount has been tendered, all Notes and other Priority Lien Debt tendered and not withdrawn in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class ~~mail~~mail (or in the case of Global Notes, in accordance with the Applicable Procedures), a notice to ~~the Trustee and~~ each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 2 contracts

Samples: Indenture (Peabody Energy Corp), Transaction Support Agreement (Peabody Energy Corp)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the ~~Company~~ Issuers shall be required to commence an offer to all Holders to purchase Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the ~~Company~~ Issuers shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the ~~Company~~ Issuers shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 2 contracts

Samples: Insight Communications Co Inc, Insight Communications Co Inc

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall commence no earlier than 30 days and no later than 60 days after an Asset Sale Offer shall be required to be made pursuant to Section 4.10 and remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest and Liquidated Damages, if any, shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest or Liquidated Damages, if any, shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders~~, with a copy to the Trustee~~. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall describe in a summary fashion the transaction or transactions that constitute the Asset Sale Offer, and shall state:

Appears in 2 contracts

Samples: Supplemental Indenture (MST Enterprises Inc), National Equipment Services Inc

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section ~~4.10 hereof~~5.10, the Company ~~shall~~ will be required to commence an offer to all Holders to purchase Notes (an "“Asset Sale Offer"”), it shall follow the procedures specified ~~below~~in this Section 3.09. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "“Offer Period"”). No later than five Business Days after the termination of the Offer Period (the "“Purchase Date"”), the Company ~~shall~~ will purchase the principal amount of Notes required to be purchased pursuant to Section ~~4.10 hereof~~ 5.10 (the "“Offer Amount~~") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer~~”). Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company ~~shall~~ will send, by first class mail, a notice to ~~the Trustee and~~ each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The ~~Asset Sale Offer shall be made to all Holders. The~~ notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 2 contracts

Samples: Indenture (CURO Group Holdings Corp.), Indenture (CURO Group Holdings Corp.)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company ~~shall be~~ is required to commence an offer to all Holders to purchase Notes (an "“Asset Sale Offer"”), it ~~shall~~ will follow the procedures specified below. The Asset Sale Offer shall be made to all Holders and will remain open for a period of at least 20 Business Days following its commencement and ~~no longer~~not more than 30 Business Days, except to the extent that a longer period is required by applicable law (the "“Offer Period"”). No later than ~~five~~ three Business Days after the termination of the Offer Period (the "“Purchase Date"”), the Company ~~shall~~ will apply all Excess Proceeds (the “Offer Amount”) to the purchase ~~the principal amount~~ of Notes ~~required to be purchased pursuant to Section 4.10 hereof~~ (~~the "Offer Amount"~~on a pro rata basis, if applicable) or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased ~~shall~~ will be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest ~~shall~~ and Additional Interest, if any, will be paid to the Person in whose name a Note is registered at the close of business on such record date, and no ~~additional interest shall~~ Additional Interest will be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company ~~shall~~ will send, by first class mail, a notice to the ~~Trustee~~ Trustee, the Depositary and each of the Holders~~, with a copy to the Trustee~~. The notice ~~shall~~ will contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The ~~Asset Sale Offer shall be made to all Holders. The~~ notice, which ~~shall~~ will govern the terms of the Asset Sale Offer, ~~shall~~ will state:

Appears in 2 contracts

Samples: Indenture (Residential Capital, LLC), Residential Capital, LLC

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase ~~Notes~~ Debentures (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of ~~Notes~~ Debentures required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all ~~Notes~~ Debentures tendered in response to the Asset Sale Offer. Payment for any ~~Notes~~ Debentures so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a ~~Note~~ Debenture is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender ~~Notes~~ Debentures pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender ~~Notes~~ Debentures pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 2 contracts

Samples: Security and Pledge Agreement (Finlay Enterprises Inc /De), Indenture (Finlay Enterprises Inc /De)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "“Asset Sale Offer"”), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 twenty (20) Business Days following its commencement and no longer, except to the extent that a longer period is required by ~~applicable law~~ Applicable Law (the "“Offer Period"”). No later than five (5) Business Days after the termination of the Offer Period (the ~~"Purchase~~ “Settlement Date"”), the Company shall purchase and pay for the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "“Offer Amount"”) or, if less than the Offer Amount has been ~~tendered~~validly tendered (and not validly withdrawn), all Notes validly tendered (and not validly withdrawn) in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the ~~same~~ manner ~~as interest payments are made. If~~ prescribed in the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale OfferNotes. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class ~~mail~~mail (or otherwise deliver in accordance with the procedures of DTC), a notice to ~~the Trustee and~~ each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 2 contracts

Samples: Indenture (Calumet Specialty Products Partners, L.P.), Calumet Specialty Products Partners, L.P.

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the ~~Company~~ Issuers shall be required to commence an offer to all Holders to purchase Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its ~~commencement~~ commencement, and ~~no longer~~up to an additional five Business Days if extended by the Issuers, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the ~~Company~~ Issuers shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer~~. Payment for any Notes so purchased shall be made in the same manner as interest payments are made~~. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the ~~Company~~ Issuers shall send, by first class mail, a notice to the Trustee and each of the Holders~~, with a copy to the Trustee~~. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 2 contracts

Samples: Indenture (Consoltex Usa Inc), Indenture (Consoltex Inc/ Ca)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an ~~offer to all Holders to purchase Notes (an "~~Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of at least 20 Business Days following its commencement ~~and no longer, except to the extent that a longer period is required by applicable law~~ (the "~~Offer Period~~OFFER PERIOD"). No later than five Business Days after the termination of the Offer Period (the "~~Purchase Date~~PURCHASE DATE"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "~~Offer Amount~~OFFER AMOUNT") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 2 contracts

Samples: Indenture (Criimi Mae Inc), Indenture (Criimi Mae Inc)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the ~~Company~~ Issuers shall be required to commence an ~~offer to all Holders to purchase Notes (an "~~Asset Sale Offer"), it they shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the ~~Company~~ Issuers shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the ~~Company~~ Issuers shall send, by first class mail, a written notice to the Trustee and to each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 2 contracts

Samples: Alliance Laundry Holdings LLC, Alliance Laundry Holdings LLC

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the ~~Company~~ Issuers shall be required to commence an offer to all Holders to purchase Notes (an "~~Asset Sale Offer~~ASSET SALE OFFER"), it they shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "~~Offer Period~~OFFER PERIOD"). No later than five Business Days after the termination of the Offer Period (the "~~Purchase Date~~PURCHASE DATE"), the ~~Company~~ Issuers shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "~~Offer Amount~~OFFER AMOUNT") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the ~~Company~~ Issuers shall send, by first class mail, a notice to the Trustee and each of the Holders~~, with a copy to the Trustee~~. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 2 contracts

Samples: Indenture (Perkins Finance Corp), Indenture (Restaurant Co)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders ~~to purchase Notes~~ (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and to each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all ~~Holders~~Holders of Notes. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 2 contracts

Samples: Indenture (Printpack Inc), Indenture (Printpack Inc)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an ~~offer to all Holders to purchase Notes (an "~~Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to ~~the Trustee and~~ each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Indenture (Holmes Products Corp)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section ~~4.10~~ 4.9 hereof, the Company shall be required to commence an offer to all Holders of Securities and, to the extent required by the terms thereof, to all holders or lenders of other Pari Passu Indebtedness, to purchase ~~Notes~~ Securities and any such Pari Passu Indebtedness (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of ~~Notes~~ Securities required to be purchased pursuant to Section ~~4.10 hereof~~ 4.9 hereof, giving effect to any related offer for Pari Passu Indebtedness pursuant to Section 4.9 (the "Offer Amount") or, if less than the Offer Amount has been tendered, all ~~Notes~~ Securities tendered in response to the Asset Sale Offer. Payment for any ~~Notes~~ Securities so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a ~~Note~~ Security is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender ~~Notes~~ Securities pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders~~, with a copy to the Trustee~~. The notice shall contain all instructions and materials necessary to enable such Holders to tender ~~Notes~~ Securities pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Indenture (Energy Corp of America)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "“Asset Sale Offer"”), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by ~~applicable law~~ Applicable Law (the "“Offer Period"”). No later than five Business Days after the termination of the Offer Period (the ~~"Purchase~~ “Settlement Date"”), the Company shall purchase and pay for the ~~principal amount~~ Reduced Principal Amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "“Offer Amount"”) or, if less than the Offer Amount has been tendered, all Notes validly tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the ~~same~~ manner ~~as interest payments are made. If~~ prescribed in the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale OfferNotes. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, (or otherwise deliver in accordance with the applicable procedures of the Depositary) a notice to ~~the Trustee and~~ each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Sixth Supplemental Indenture (Whiting Petroleum Corp)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section ~~4.10~~ 1010 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "~~Asset Sale Offer~~ASSET SALE OFFER"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "~~Offer Period~~OFFER PERIOD"). No later than five Business Days after the termination of the Offer Period (the "~~Purchase Date~~PURCHASE DATE"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section ~~4.10~~ 1010 hereof (the "~~Offer Amount~~OFFER AMOUNT") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: First Supplemental Indenture (Key Energy Services Inc)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an ~~offer to all Holders to purchase Notes (an "~~Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of ~~Notes~~ Securities required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all ~~Notes~~ Securities tendered in response to the Asset Sale Offer. Payment for any ~~Notes~~ Securities so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender ~~Notes~~ Securities pursuant to the Asset Sale Offer. 51 51 Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender ~~Notes~~ Securities pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Asia Global Crossing LTD

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section ~~4.10~~ 4.16 hereof, the Company shall be required to ~~commence~~ make an offer to all Holders of Notes to purchase Notes (an "“Asset Sale Offer"”), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for ~~a period of 20 Business Days following its commencement~~ at least 30 and ~~no longer~~not more than 40 days, except to the extent that a longer period is required by applicable law (the "“Offer Period"”). ~~No later than~~ On a date within five Business Days after the termination of the Offer Period (the "“Purchase Date"”), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section ~~4.10~~ 4.16 hereof (the "“Offer Amount"”) or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. ~~Payment for~~ The Company shall comply with any ~~Notes so purchased shall~~ tender offer rules under the Exchange Act which may then be applicable, including Rule 14e-1, in connection with any offer required to be made in by the ~~same manner~~ Company to repurchase the Notes as ~~interest payments are made~~a result of an Asset Sale Offer. If the Purchase Date is on or after ~~an interest record date~~ a Regular Record Date and on or before the related ~~interest payment date~~Interest Payment Date, any accrued and unpaid interest and Additional Interest, if any, shall be paid to the Person in whose name a Note is registered at the close of business on such ~~record date~~Regular Record Date, and no additional interest or Additional Interest, if any, shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, (or transmitted electronically in accordance with applicable procedures of DTC), a notice to ~~the Trustee and~~ each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Indenture (Vail Resorts Inc)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. ~~Payment for any Notes so purchased shall be made in the same manner as interest payments are made.~~ If the Purchase Date is on or after ~~an interest record date~~ a Regular Record Date and on or before the related ~~interest payment date~~Interest Payment Date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such ~~record date~~Regular Record Date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset ~~Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:~~Sale

Appears in 1 contract

Samples: KSL Recreation Group Inc

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, ~~the Company~~ Holding shall be required to commence an offer to all Holders to purchase ~~Notes~~ Debentures (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), ~~the Company~~ Holding shall purchase the principal amount of ~~Notes~~ Debentures required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all ~~Notes~~ Debentures tendered in response to the Asset Sale Offer. Payment for any ~~Notes~~ Debentures so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a ~~Note~~ Debenture is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender ~~Notes~~ Debentures pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, ~~the Company~~ Holding shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender ~~Notes~~ Debentures pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Execution (Aki Inc)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the ~~Company~~ Issuers shall be required to commence an ~~offer to all Holders to purchase Notes (an "~~Asset Sale Offer"), it they shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "“Offer Period"”). No later than five Business Days after the termination of the Offer Period (the "“Purchase Date"”), the ~~Company~~ Issuers shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "“Offer Amount"”) or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. , Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest payment record date and on or before the related interest payment date, any accrued and unpaid interest and Additional Interest, if any, shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest or Additional Interest, if any, shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the ~~Company~~ Issuers shall send, by first class mail, a written notice to the Trustee and to each of the Holders~~, with a copy to the Trustee~~. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Indenture (Mobile Storage Group Inc)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount at maturity of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders~~, with a copy to the Trustee~~. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Covad Communications Group Inc

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes validly tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest and Liquidated Damages, if any, shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest or Liquidated Damages, if any, shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Indenture (Wheeling Pittsburgh Corp /De/)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section ~~4.10~~ 4.15 hereof, the ~~Company~~ Issuers shall be required to commence an offer to all Holders to purchase ~~Notes~~ Debentures (an "~~Asset Sale Offer~~ASSET SALE OFFER"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "~~Offer Period~~OFFER PERIOD"). No later than five Business Days after the termination of the Offer Period (the "~~Purchase Date~~PURCHASE DATE"), the ~~Company~~ Issuers shall purchase the principal amount or Accreted Value, as applicable, of ~~Notes~~ Debentures required to be purchased pursuant to Section ~~4.10~~ 4.15 hereof (the "~~Offer Amount~~OFFER AMOUNT") or, if less than the Offer Amount has been tendered, all ~~Notes~~ Debentures tendered in response to the Asset Sale Offer. Payment for any ~~Notes~~ Debentures so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a ~~Note~~ Debenture is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender ~~Notes~~ Debentures pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the ~~Company~~ Issuers shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender ~~Notes~~ Debentures pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Falcon Funding Corp

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the ~~Company~~ Issuer shall be required to commence an offer to all Holders to purchase ~~Notes~~ Debentures (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the ~~Company~~ Issuer shall purchase the principal amount at maturity of ~~Notes~~ Debentures required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all ~~Notes~~ Debentures tendered in response to the Asset Sale Offer. Payment for any ~~Notes~~ Debentures so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a ~~Note~~ Debenture is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender ~~Notes~~ Debentures pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the ~~Company~~ Issuer shall send, by first class mail, a notice to ~~the Trustee and~~ each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:to

Appears in 1 contract

Samples: Thermadyne Holdings Corp /De

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an ~~offer to all Holders to purchase Notes (an "~~Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Senior Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Senior Notes tendered in response to the Asset Sale Offer. Payment for any Senior Notes so purchased shall be made in the same manner as interest payments are made. The Company shall comply with any tender offer rules under the Exchange Act which may then be applicable, including Rule 14e-1, in connection with any offer required to be made by the Company to repurchase the Senior Notes as a result of an Asset Sale Offer. To the extent that the provisions of any securities laws or regulations conflict with provisions of this Section 3.09, the Company shall comply with the applicable securities laws or regulations and shall not be deemed to have breached its obligations hereunder by virtue thereof. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:whose

Appears in 1 contract

Samples: Indenture (Niagara Mohawk Power Corp /Ny/)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "~~Asset Sale Offer~~ASSET SALE OFFER"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law or for no longer than 20 additional Business Days as the Company in good faitx xxxxx xxxirable and in the interests of the Holders of the Notes (the "~~Offer Period~~OFFER PERIOD"). No later than five Business Days after the termination of the Offer Period (the "~~Purchase Date~~PURCHASE DATE"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "~~Offer Amount~~OFFER AMOUNT") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, or cause to be sent, by first class mail, a notice to the Trustee and each of the Holders~~, with a copy to the Trustee~~. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Advancepcs Research LLC

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company ~~shall be~~ is required to commence an offer to all Holders to purchase Notes (an "“Asset Sale Offer"”), it ~~shall~~ will follow the procedures specified below. The Asset Sale Offer shall be made to all Holders and all holders of other Senior Indebtedness of the Company or any Guarantor and contains provisions similar to those set forth in Section 4.10. The Asset Sale Offer will remain open for a period of at least 20 Business Days following its commencement and ~~no longer~~not more than 30 Business Days, except to the extent that a longer period is required by applicable law (the "“Offer Period"”). ~~No later than five Business Days~~ Promptly after the termination of the Offer Period (the "“Purchase Date"”), the Company ~~shall~~ will apply all Excess Proceeds (the “Offer Amount”) to the purchase ~~the principal amount~~ of Notes ~~required to be purchased pursuant to~~ and such other Senior Indebtedness in accordance with Section ~~4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer~~4.10(c). Payment for any Notes so purchased ~~shall~~ will be made in the same manner as principal and interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related ~~interest payment date~~Interest Payment Date, any accrued and unpaid interest ~~shall~~ will be paid to the Person in whose name a Note is registered at the close of business 51 on such record date, and no additional interest ~~shall~~ will be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company ~~shall~~ will send, by first class ~~mail~~mail (or with respect to Global Notes to the extent permitted or required by the Depositary’s Applicable Procedures, send electronically), a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice ~~shall~~ will contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The ~~Asset Sale Offer shall be made to all Holders. The~~ notice, which ~~shall~~ will govern the terms of the Asset Sale Offer, ~~shall~~ will state:

Appears in 1 contract

Samples: Adient PLC

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders of Securities and, to the extent required by the terms thereof, to all holders or lenders of other Pari Passu Indebtedness, to purchase ~~Notes~~ Securities and any such Pari Passu Indebtedness (an "~~Asset Sale Offer~~ASSET SALE OFFER"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "~~Offer Period~~OFFER PERIOD"). No later than five Business Days after the termination of the Offer Period (the "~~Purchase Date~~PURCHASE DATE"), the Company shall purchase the principal amount of ~~Notes~~ Securities required to be purchased pursuant to Section 4.10 ~~hereof~~ hereof, giving effect to any related offer for Pari Passu Indebtedness pursuant to Section 4.10, (the "~~Offer Amount~~OFFER AMOUNT") or, if less than the Offer Amount has been tendered, all ~~Notes~~ Securities tendered in response to the Asset Sale Offer. Payment for any ~~Notes~~ Securities so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a ~~Note~~ Security is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender ~~Notes~~ Securities pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders~~, with a copy to the Trustee~~. The notice shall contain all instructions and materials necessary to enable such Holders to tender ~~Notes~~ Securities pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Indenture (Continental Resources Inc)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section ~~4.10~~ 4.10(a) hereof, the ~~Company~~ Issuer shall be required to commence an ~~offer to all Holders to purchase Notes (an "~~Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the ~~Company~~ Issuer shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. Indenture --------- If the Purchase Date is on or after ~~an interest record date~~ a Record Date and on or before the related ~~interest payment date~~Interest Payment Date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such ~~record date~~Record Date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the ~~Company~~ Issuer shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Global Security Agreement (Global Crossing LTD)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section ~~4.10~~ 4.11 hereof, the Company shall be required to commence an offer to all Holders to purchase the maximum principal amount of Notes that may be purchased with the Excess Proceeds Maximum Notes Available Amount (an ~~"Asset Sale~~ “Excess Proceeds Offer"”), it the Company shall follow the procedures specified below. The ~~Asset Sale~~ Excess Proceeds Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by ~~applicable law~~ Applicable Law (the "“Offer Period"”). No later than five Business Days after the termination of the Offer Period (the "“Excess Proceeds Offer Purchase Date"”), the Company shall purchase and pay for the principal amount of Notes required to be purchased pursuant to Section ~~4.10~~ 4.11 hereof (the "“Offer Amount"”) or, if less than the Offer Amount has been tendered, all Notes validly tendered in response to the ~~Asset Sale~~ Excess Proceeds Offer. Payment for any Notes so purchased shall be made in the ~~same~~ manner ~~as interest payments are made. If~~ prescribed in the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale OfferNotes. Upon the commencement of an ~~Asset Sale~~ Excess Proceeds Offer, the Company shall send, by first class mail, a notice to ~~the Trustee and~~ each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the ~~Asset Sale~~ Excess Proceeds Offer. The ~~Asset Sale~~ Excess Proceeds Offer shall be made to all Holders. The notice, which shall govern the terms of the ~~Asset Sale~~ Excess Proceeds Offer, shall state:

Appears in 1 contract

Samples: Security Agreement (Trico Marine Services Inc)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section ~~4.10 hereof~~4.04 of this Fifth Supplemental Indenture, the Company shall be required to commence an ~~offer to all Holders to purchase Notes (an "~~Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its ~~commencement and no longer~~commencement, except to the extent that a longer period is required by applicable law (the "“Offer Period"”). No later than five Business Days after the termination of the Offer Period (the "“Purchase Date"”), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section ~~4.10 hereof~~ 4.04 of this Fifth Supplemental Indenture (the "“Offer Amount"”) or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer~~. Payment for any Notes so purchased shall be made in the same manner as interest payments are made~~. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon ~~the~~ commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders~~, with a copy to the Trustee~~. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Omnicare Inc

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section ~~4.10~~ 4.11 hereof, the ~~Company~~ Trust shall be required to commence an offer to all Holders to purchase Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than ~~five~~ ten Business Days after the termination of the Offer Period (the "Purchase Date"), the ~~Company~~ Trust shall purchase the principal amount of Notes required to be purchased pursuant to Section ~~4.10~~ 4.11 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the ~~Company~~ Trust shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Experience Management LLC

Offer to Purchase by Application of Excess Proceeds. In the event ~~that,~~ that pursuant to Section ~~4.10~~ 4.03 hereof, the Company shall be required to commence an ~~offer to all Holders to purchase Notes (an "~~Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its ~~commencement and no longer~~commencement, except to the extent that a longer period is required by applicable law (the "“Offer Period"”). No later than five Business Days after the termination of the Offer Period (the "“Purchase Date"”), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section ~~4.10~~ 4.03 hereof (the "“Offer Amount"”) or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. ~~Payment for any Notes so purchased shall be made in the same manner as interest payments are made.~~ If the Purchase Date is on or after ~~an interest record date~~ a Record Date and on or before the related ~~interest payment date~~Interest Payment Date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such ~~record date~~Record Date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon ~~the~~ commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders~~, with a copy to the Trustee~~. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: First Supplemental Indenture (Lifepoint Health, Inc.)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section ~~4.10~~ 4.10(a) hereof, the ~~Company~~ Issuer shall be required to commence an ~~offer to all Holders to purchase Notes (an "~~Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "“Offer Period"”). No later than five Business Days after the termination of the Offer Period (the "“Purchase Date"”), the ~~Company~~ Issuer shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "“Offer Amount"”) or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after ~~an interest record date~~ a Record Date and on or before the related ~~interest payment date~~Interest Payment Date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such ~~record date~~Record Date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the ~~Company~~ Issuer shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Global Security Agreement (Global Crossing LTD)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Senior Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Senior Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Senior Notes tendered in response to the Asset Sale Offer. Payment for any Senior Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Senior Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Senior Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Senior Note Trustee and each of the Holders~~, with a copy to the Trustee~~. The notice shall contain all instructions and materials necessary to enable such Holders to tender Senior Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: P&l Coal Holdings Corp

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section ~~4.10~~ 5.9 hereof, the Company shall be required to commence an ~~offer to all Holders to purchase Notes (an "~~Asset Sale Offer"), it they shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "“Offer Period"”). No later than five Business Days after the termination of the Offer Period (the "“Purchase Date"”), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section ~~4.10~~ 5.9 hereof (the "“Offer Amount"”) or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest payment record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a written notice to ~~the Trustee and~~ each of the Holders~~, with a copy to the Trustee~~. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Note Purchase Agreement (Mobile Storage Group Inc)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 or Section 4.22 hereof, as applicable, the Company shall be required to commence an offer to all Holders to purchase First Mortgage Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of First Mortgage Notes required to be purchased pursuant to Section 4.10 ~~hereof~~ or Section 4.22 hereof, as applicable, (the "Offer Amount") or, if less than the Offer Amount has been tendered, all First Mortgage Notes tendered in response to the Asset Sale Offer. Payment for any First Mortgage Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a First Mortgage Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender First Mortgage Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender First Mortgage Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Royster-Clark Nitrogen Realty LLC

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount at maturity of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. ~~Payment for any Notes so purchased shall be made in the same manner as interest payments are made.~~ If the Purchase Date is on or after an interest payment record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Assumption Agreement (Quaker Holding Co)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. : The Asset Sale Offer shall remain open for a period of 20 twenty (20) Business Days ~~following its commencement and no longer~~after the Commencement Date relating to such Asset Sale Offer, except to the extent that a longer period is required by applicable law (as so extended, the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to ~~Section~~ Sections 3.02 and 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. ~~Payment for any Notes so purchased shall be made in the same manner as interest payments are made.~~ If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest and Liquidated Damages, if any, shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest or Liquidated Damages, if any, shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. ~~Upon~~ On the ~~commencement~~ Commencement Date of an any Asset Sale Offer, the Company shall ~~send~~send or cause to be sent, by first class mail, a notice to the Trustee and each of the Holders. Such notice, ~~with a copy to~~ which shall govern the ~~Trustee. The notice~~ terms of the Asset Sale Offer, shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale ~~Offer. The Asset Sale~~ Offer ~~shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer,~~ and shall state:

Appears in 1 contract

Samples: Indenture Assumption Agreement (Advanced Medical Inc)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the ~~Company~~ Issuers shall be required to commence an offer to all Holders to purchase Notes (an "“Asset Sale Offer"”), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "“Offer Period"”). No later than five Business Days after the termination of the Offer Period (the "“Purchase Date"”), the ~~Company~~ Issuers shall purchase the ~~principal amount~~ Accreted Value of Notes required to be purchased pursuant to Section 4.10 hereof (the "“Offer Amount"”) or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the ~~Company~~ Issuers shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Indenture (Consolidated Container Co LLC)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section ~~4.10 hereof~~4.10, the Company ~~shall be~~ is required to commence an ~~offer to all Holders to purchase Notes (an "~~Asset Sale ~~Offer"), it shall~~ Offer they will follow the procedures specified below. The Asset Sale Offer ~~shall~~ will remain open for a period of at least 20 Business Days following its commencement and ~~no longer~~not more than 30 Business Days, except to the extent that a longer period is required by applicable law (the "“Offer Period"”). No later than five Business Days after the termination of the Offer Period (the "“Purchase Date"”), the Company ~~shall~~ will apply all Excess Proceeds to the purchase of the aggregate principal amount of Notes required to be purchased pursuant to Section 4.10 ~~hereof~~ (the "“Offer Amount") ”), or, if less than the Offer Amount of Notes has been ~~tendered~~validly tendered in the Asset Sale Offer, all Notes validly tendered in response to the Asset Sale Offer. Payment for any Notes so purchased ~~shall~~ will be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest ~~shall~~ up to but excluding the Purchase Date will be paid to the Person in whose name a Note is registered at the close of business on such interest record date, and no additional interest ~~shall~~ will be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company ~~shall~~ will send, by first class ~~mail~~mail (or in the case of Global Notes, transmit in accordance with the procedures of the Depositary), a notice to the ~~Trustee~~ Trustee, the Registrar and the Paying Agent and each of the Holders~~, with a copy to the Trustee~~. The notice ~~shall~~ will contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which ~~shall~~ will govern the terms of the Asset Sale Offer, ~~shall~~ will state:

Appears in 1 contract

Samples: Intercreditor Agreement (GOOD TECHNOLOGY Corp)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. For purposes of this Section 3.09, any reference herein to "Notes" shall be deemed to include the Notes and the Series A/B Notes. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes validly tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest and Liquidated Damages, if any, shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest or Liquidated Damages, if any, shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to ~~the Trustee and~~ each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Trico Marine Services (Trico Marine Services Inc)

Offer to Purchase by Application of Excess Proceeds. In the event ~~that, pursuant to Section 4.10 hereof,~~ that the Company shall be required to commence ~~an offer~~ a Net Proceeds Offer pursuant to ~~all Holders to purchase Notes (an "Asset Sale Offer")~~Section 4.10, it shall follow the procedures specified ~~below~~in this Section 3.09. The ~~Asset Sale~~ Net Proceeds Offer shall remain open for a period of 20 Business Days following its commencement ~~and no longer, except to the extent that a~~ or such longer period is as may be required by applicable law (the "~~Offer Period~~OFFER PERIOD"). No later than five Business Days after the termination of the Offer Period (the "~~Purchase~~ PURCHASE Date"), the Company shall purchase the ~~principal~~ Notes equal to the amount of ~~Notes required to be purchased pursuant to Section 4.10 hereof~~ Excess Proceeds (the "~~Offer Amount~~NET PROCEEDS OFFER AMOUNT") subject to Section 3.02 hereof or, if Notes in an aggregate principal amount less than the Net Proceeds Offer Amount ~~has~~ have been tendered, all Notes validly tendered in response to the ~~Asset Sale~~ Net Proceeds Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or ~~before~~ prior to the related interest payment date, then any accrued and unpaid interest shall be paid to the Person in whose name a Note is was registered at the close of business on such record date~~, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer~~. Upon the commencement of ~~an Asset Sale~~ a Net Proceeds Offer, the Company shall ~~send~~mail or cause to be mailed, by ~~first~~ first-class mail, a notice of such Net Proceeds Offer to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the ~~Asset Sale~~ Net Proceeds Offer. The ~~Asset Sale~~ Net Proceeds Offer shall be made to all Holders. The notice, which shall govern the terms of the ~~Asset Sale~~ Net Proceeds Offer, shall state:

Appears in 1 contract

Samples: Pf Net Communications Inc

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase Accreted Value (if prior to April 1, 2008) or the principal amount (if on or after April 1, 2008) of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Nexstar Finance Holdings LLC

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an ~~offer to all Holders to purchase Notes (an "~~Asset Sale Offer"), it shall follow the procedures specified below. : The Asset Sale Offer shall remain open for a period of 20 twenty (20) Business Days ~~following its~~ after the commencement ~~and no longer~~date relating to such Asset Sale Offer, except to the extent that a longer period is required by applicable law (as so extended, the "~~Offer Period~~OFFER PERIOD"). No later than five Business Days after the termination of the Offer Period (the "~~Purchase Date~~PURCHASE DATE"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to ~~Section~~ Sections 3.02 and 4.10 hereof (the "~~Offer Amount~~OFFER AMOUNT") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. ~~Payment for any Notes so purchased shall be made in the same manner as interest payments are made.~~ -52- If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest and Liquidated Damages, if any, shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional ~~interest~~ interest, if any, shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. ~~Upon~~ On the commencement date of an any Asset Sale Offer, the Company shall ~~send~~send or cause to be sent, by first class mail, a notice to the Trustee and each of the Holders. Such notice, ~~with a copy to~~ which shall govern the ~~Trustee. The notice~~ terms of the Asset Sale Offer, shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale ~~Offer. The Asset Sale~~ Offer ~~shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer,~~ and shall state:

Appears in 1 contract

Samples: Indenture (Alaris Medical Systems Inc)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the ~~Company~~ Issuer shall be required to commence an offer to all Holders to purchase Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the ~~Company~~ Issuer shall purchase the ~~principal~~ amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the ~~Company~~ Issuer shall send, by first class mail, a notice to the Trustee and each of the Holders~~, with a copy to the Trustee~~. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Restaurant Co

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the ~~Company~~ Issuers shall be required to commence an offer to all Holders to purchase Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the ~~Company~~ Issuers shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the ~~Company~~ Issuers shall send, by first class mail, a notice to the Trustee and each of the Holders~~, with a copy to the Trustee~~. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: National Crane Corp

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an ~~offer to all Holders to purchase Notes (an "~~Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "~~Offer Period~~OFFER PERIOD"). No later than five Business Days after the termination of the Offer Period (the "~~Purchase Date~~PURCHASE DATE"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "~~Offer Amount~~OFFER AMOUNT") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after ~~an interest record date~~ a Record Date and on or before the related ~~interest payment date~~Interest Payment Date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such ~~record date~~Record Date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Metromedia Fiber Network Inc

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an ~~offer to all Holders to purchase Notes (an "~~Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). ) No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders~~, with a copy to the Trustee~~. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Pca Valdosta Corp

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to ~~commence~~ make an ~~offer to all Holders to purchase Notes (an "~~Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders~~, with a copy to the Trustee~~. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Panther Transport Inc

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section ~~4.10~~ 5.06 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 ~~Business Days~~ business days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five ~~Business Days~~ business days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section ~~4.10~~ 5.06 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Execution (Premier Parks Inc)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company ~~shall be~~ is required to commence an ~~offer to all Holders to purchase Notes (an "~~Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall be made to all Holders of Notes and all holders of other Parity Secured Debt (other than Credit Agreement Debt) containing provisions similar to those set forth in this Supplemental Indenture with respect to offers to purchase or redeem with the proceeds of sales of assets. The Asset Sale Offer shall remain open for a period of at least 20 Business Days following its commencement and ~~no longer~~not more than 30 Business Days, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than ~~five~~ three Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall ~~purchase~~ apply a portion of the ~~principal amount of Notes required to be purchased~~ Excess Proceeds as calculated pursuant to the second sentence of Section ~~4.10~~ 4.10(d) hereof (the "Offer Amount") to the purchase of Notes and such other Parity Secured Debt (on a pro rata basis, if applicable) or, if less than the Offer Amount has been tendered, all Notes and other Indebtedness tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest ~~shall~~ will be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders~~, with a copy to the Trustee~~. The notice ~~shall~~ will contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The ~~Asset Sale Offer shall be made to all Holders. The~~ notice, which ~~shall~~ will govern the terms of the Asset Sale Offer, ~~shall~~ will state:

Appears in 1 contract

Samples: Senior Indenture (Reliant Energy Inc)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an ~~offer to all Holders to purchase Notes (an "Asset Sale~~ Excess Proceeds Offer"), it shall follow the procedures specified below. The ~~Asset Sale~~ Excess Proceeds Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the ~~Asset Sale~~ Excess Proceeds Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the ~~Asset Sale~~ Excess Proceeds Offer. Upon the commencement of an ~~Asset Sale~~ Excess Proceeds Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders~~, with a copy to the Trustee~~. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the ~~Asset Sale~~ Excess Proceeds Offer. The ~~Asset Sale~~ Excess Proceeds Offer shall be made to all Holders. The notice, which shall govern the terms of the ~~Asset Sale~~ Excess Proceeds Offer, shall state:

Appears in 1 contract

Samples: Gni Group Inc /De/

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Senior Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Senior Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if Senior Notes aggregating less than the Offer Amount ~~has~~ have been tendered, all Senior Notes tendered in response to the Asset Sale Offer. Payment for any Senior Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Senior Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Senior Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Senior Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Leslie Resources Inc

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an ~~offer to all Holders to purchase Notes (an "~~Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after ~~an interest record date~~ a Record Date and on or before the related ~~interest payment date~~Interest Payment Date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such ~~record date~~Record Date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Metromedia Fiber Network Inc

Offer to Purchase by Application of Excess Proceeds. In the event ~~that, pursuant to Section 4.10 hereof,~~ that the ~~Company~~ Issuer shall be required to commence an offer to all Holders to purchase Notes pursuant to Section 4.08 (an "“Asset Sale Offer"”), it they shall follow the procedures specified below. The Asset Sale ~~Offer shall~~ Offer, in so far as it relates to the Notes, will remain open for a period of not less than 20 Business Days following its commencement ~~and no longer, except to the extent that a longer period is required by applicable law~~ (the "“Asset Sale Offer Period"”). No later than five Business Days after the termination of the Asset Sale Offer Period (the "“Asset Sale Purchase Date"”), the ~~Company shall~~ Issuer will purchase the aggregate principal amount of Notes, and, to the extent it elects, Indebtedness ranking pari passu with the Notes required to be purchased pursuant to Section ~~4.10 hereof~~ 4.08 (the "“Asset Sale Offer Amount"”) or, if less than the Asset Sale Offer Amount has been so validly tendered, all Notes and pari passu Indebtedness validly tendered in response to the Asset Sale Offer. ~~Payment for any Notes so purchased shall be made in the same manner as interest payments are made.~~ If the Asset Sale Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered in the Security Register at the close of business on such record date~~, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer~~. Upon the commencement of an Asset Sale ~~Offer,~~ Offer the ~~Company~~ Issuer shall send, by first class mail, a notice to the Trustee and each of the Holders~~, with a copy to the Trustee~~. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale ~~Offer,~~ Offer shall state:

Appears in 1 contract

Samples: www.maccaferri.com

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. ~~Payment for any Notes so purchased shall be made in the same manner as interest payments are made.~~ If the Purchase Date is on or after an interest payment record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:all

Appears in 1 contract

Samples: Indenture (Decisionone Corp /De)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an ~~offer to all Holders to purchase Notes (an "~~Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Notes and such other pari passu Indebtedness required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes and such other pari passu Indebtedness tendered in response to the Asset Sale Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders~~, with a copy to the Trustee~~. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all ~~Holders~~Holders and all holders of other Indebtedness that is pari passu with the Notes containing similar provisions to those set forth in this Indenture with respect to offers to purchase or redeem with the proceeds of sales of assets. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Ball Corp

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the ~~Company shall be~~ Issuers are required to commence an a joint offer to all Holders to purchase Notes as Units (an "“Asset Sale Offer"”), ~~it shall~~ they will follow the procedures specified below. The Asset Sale Offer shall be made to all Holders. The Asset Sale Offer will remain open for a period of 20 at least twenty (20) Business Days following its commencement and ~~no longer~~not more than thirty (30) Business Days, except to the extent that a longer period is required by applicable law (the "“Offer Period"”). No later than five (5) Business Days after the termination of the Offer Period (the "“Purchase Date"”), the ~~Company shall~~ Issuers will apply all Excess Proceeds (the “Offer Amount”) to the purchase ~~the principal amount~~ of Notes ~~required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount")~~ as Units or, if less than the Offer Amount has been tendered, all Notes as Units and other Indebtedness tendered in response to the Asset Sale Offer~~. Payment for any Notes so purchased shall be made in the same manner as interest payments are made~~. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid ~~interest shall~~ interest, if any, will be paid to the Person in whose name a ~~Note~~ Unit is registered at the close of business on such record date, and no additional interest ~~shall~~ will be payable to Holders who tender Notes as Units pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the ~~Company shall~~ Issuers will send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice ~~shall~~ will contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The ~~Asset Sale Offer shall be made to all Holders. The~~ notice, which ~~shall~~ will govern the terms of the Asset Sale Offer, ~~shall~~ will state:

Appears in 1 contract

Samples: Indenture (Niska Gas Storage Partners LLC)

Offer to Purchase by Application of Excess Proceeds. In the event that, pursuant to Section 4.10 hereof, the Company shall be required to commence an offer to all Holders to purchase Notes (an "Asset Sale Offer"), it shall follow the procedures specified below. The Asset Sale Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the "Offer Period"). No later than five Business Days after the termination of the Offer Period (the "Purchase Date"), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Section 4.10 hereof (the "Offer Amount") or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Asset Sale Offer. ~~Payment for any Notes so purchased shall be made in the same manner as interest payments are made.~~ If the Purchase Date is on or after an interest payment record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable ~~to Holders who tender~~ in respect of Notes tendered pursuant to the Asset Sale Offer. Upon the commencement of an Asset Sale Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Asset Sale Offer. The Asset Sale Offer shall be made to all Holders. The notice, which shall govern the terms of the Asset Sale Offer, shall state:

Appears in 1 contract

Samples: Duane Reade Inc

Common use of Offer to Purchase by Application of Excess Proceeds Clause in Contracts