Common use of Offer to Purchase Upon a Fundamental Change Clause in Contracts

Offer to Purchase Upon a Fundamental Change. Subject to the terms and conditions of the Indenture, in the event of a Fundamental Change, the Company shall offer to purchase for cash all outstanding Securities (or portions thereof that are integral multiples of $1,000 in principal amount) on a date selected by the Company (the “Fundamental Change Purchase Date”), which date is no later than thirty five (35) calendar days, nor earlier than twenty (20) calendar days, after the date the Fundamental Change Notice is provided in accordance with the Indenture, at a price payable in cash equal to one hundred percent (100%) of the principal amount of such Security, plus accrued and unpaid interest to, but excluding, the Fundamental Change Purchase Date; provided, however, that if such Fundamental Change Purchase Date is after a record date for the payment of an installment of interest and on or before the related interest payment date, then the accrued and unpaid interest, if any, to, but excluding, such interest payment date will be paid on such interest payment date to the Holder of record of such Securities at the close of business on such record date, and the Holder surrendering such Securities for purchase will not be entitled to any such accrued and unpaid interest unless such Holder was also the Holder of record of such Securities at the close of business on such record date.

Appears in 2 contracts

Samples: Indenture (Platinum Group Metals LTD), Supplement to Indenture (Platinum Group Metals LTD)

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Offer to Purchase Upon a Fundamental Change. Subject to the terms and conditions of the Indenture, in the event of a Fundamental Change, the Company shall offer to purchase for cash all outstanding Securities (or portions thereof that are integral multiples of $1,000 in principal amount) on a date selected by the Company (the “Fundamental Change Purchase Date”), which date is no later than thirty five (35) calendar days, nor earlier than twenty (20) calendar days, after the date the on which notice of such Fundamental Change Notice is provided in accordance with pursuant to the Indenture, at a price payable in cash equal to one hundred percent (100%) of the principal amount of such SecuritySecurity (or portion thereof) to be so purchased, plus accrued and unpaid interest interest, if any, to, but excluding, the Fundamental Change Purchase Date; provided, however, that if such Fundamental Change Purchase Date is after a record date for the payment of an installment of interest and on or before the related interest payment date, then the accrued and unpaid interest, if any, to, but excluding, such interest payment date will be paid on such interest payment date to the Holder of record of such Securities at the close of business on such record date, and the Holder surrendering such Securities for purchase will not be entitled to any such accrued and unpaid interest unless such Holder Xxxxxx was also the Holder of record of such Securities at the close of business on such record date.

Appears in 2 contracts

Samples: Indenture (Fortuna Silver Mines Inc), Indenture (First Majestic Silver Corp)

Offer to Purchase Upon a Fundamental Change. Subject to the terms and conditions of the Indenture, in the event of a Fundamental Change, the Company shall offer to purchase for cash all outstanding Securities (or portions thereof that are integral multiples of $1,000 in principal amount) on a date selected by the Company (the “Fundamental 1,000‎in‎principal‎amount)‎on‎a‎date‎selected‎by‎the‎Company‎(the‎“Fundamental Change Purchase Date”), which date is no later than thirty five (35) calendar days, nor earlier than Date”),‎which‎date‎is‎no‎later‎than‎thirty‎five‎(35)‎calendar‎days,‎nor‎earlier‎than‎ twenty (20) calendar days, after the date the Fundamental Change Notice is provided in accordance with the Indenture, at a price payable in cash equal to one hundred percent (100%) of the principal amount of such Security, plus accrued and unpaid interest to, but excluding, the Fundamental Change Purchase Date; provided, however, that if such Fundamental Change Purchase Date is after a record date for the payment of an installment of interest and on or before the related interest payment date, then the accrued and unpaid interest, if any, to, but excluding, such interest payment date will be paid on such interest payment date to the Holder of record of such Securities at the close of business on such record date, and the Holder surrendering such Securities for purchase will not be entitled to any such accrued and unpaid interest unless such Holder Xxxxxx was also the Holder of record of such Securities at the close of business on such record date.

Appears in 1 contract

Samples: Indenture

Offer to Purchase Upon a Fundamental Change. Subject to the terms and conditions of the Indenture, in the event of a any Fundamental ChangeChange occurs, the Company shall offer to purchase for cash all outstanding Securities (or portions thereof that are integral multiples of $1,000 in principal amount) on a date selected by the Company (the “Fundamental Change Purchase Date”), which date is no later than thirty five (35) calendar days, nor earlier than twenty (20) calendar days, after the date the on which notice of such Fundamental Change Notice is provided mailed in accordance with the Indenture, at a price price, payable in cash cash, equal to one hundred percent (100%) of the principal amount of such SecuritySecurities to be so purchased, plus accrued and unpaid interest interest, if any, to, but excluding, the Fundamental Change Purchase Date; provided, however, that if such Fundamental Change Purchase Date is after a record date for the payment of an installment of interest and on or before the related interest payment date, then the accrued and unpaid interest, if any, to, but excluding, such interest payment date will be paid on such interest payment date to the Holder of record of such Securities at the close of business on such record date, and the Holder surrendering such Securities for purchase will not be entitled to any such accrued and unpaid interest unless such Holder was also the Holder of record of such Securities at the close of business on such record date.

Appears in 1 contract

Samples: Indenture (SSR Mining Inc.)

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Offer to Purchase Upon a Fundamental Change. Subject to the terms and conditions of the Indenture, in the event of a Fundamental Change, the Company shall offer to purchase for cash all outstanding Securities (or portions thereof that are integral multiples of $1,000 in principal amount) on a date selected by the Company (the "Fundamental Change Purchase Date"), which date is no later than thirty five (35) calendar days, nor earlier than twenty (20) calendar days, after the date the on which notice of such Fundamental Change Notice is provided in accordance with pursuant to the Indenture, at a price payable in cash equal to one hundred percent (100%) of the principal amount of such SecuritySecurity (or portion thereof) to be so purchased, plus accrued and unpaid interest interest, if any, to, but excluding, the Fundamental Change Purchase Date; provided, however, that if such Fundamental Change Purchase Date is after a record date for the payment of an installment of interest and on or before the related interest payment date, then the accrued and unpaid interest, if any, to, but excluding, such interest payment date will be paid on such interest payment date to the Holder of record of such Securities at the close of business on such record date, and the Holder surrendering such Securities for purchase will not be entitled to any such accrued and unpaid interest unless such Holder Hxxxxx was also the Holder of record of such Securities at the close of business on such record date.

Appears in 1 contract

Samples: Indenture (Equinox Gold Corp.)

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