Common use of Optional Repurchase of Notes Clause in Contracts

Optional Repurchase of Notes. (a) On any Payment Date occurring on or after the date on which the Aggregate Principal Balance of any Series is equal to or less than the Repurchase Amount, if any, set forth in the Supplement related to such Series, or class of such Series, or at such other time otherwise provided for in the Supplement relating to such Series, Thrifty Finance shall have the option to purchase all Outstanding Notes of such Series, or class of such Series (or any portion thereof permitted by the related Supplement), at a purchase price (determined after giving effect to any payment of principal and interest on such Payment Date) equal to (unless otherwise specified in the related Supplement) the then outstanding Aggregate Principal Balance of such Series on such Payment Date, plus accrued and unpaid interest on the Aggregate Principal Balance of the Notes of such Series (calculated at the interest rate set forth in the related Supplement for such Series) through the day immediately prior to the date of such purchase plus, if provided for in the related Supplement, any premium payable at such time. (b) Notice of repurchase under this Section 5.3(a) shall be given by the Trustee by first-class mail, postage prepaid, or by facsimile mailed or transmitted not later than ten (10) days prior to the applicable Payment Date to each Holder of Notes, as of the close of business on the Record Date preceding the applicable Payment Date, at such Holder's address or facsimile number appearing in the Note Register. All notices of repurchase shall state: (i) the repurchase date; (ii) the repurchase price; and (iii) the place where such Notes are to be surrendered for payment of the repurchase price (which shall be an office or agency of Thrifty Finance to be maintained as provided in Section 2.6). Notice of repurchase of the Notes shall be given by the Trustee in the name and at the expense of Thrifty Finance. Failure to give notice of repurchase, or any defect therein, to any Holder of any Note shall not impair or affect the validity of the repurchase of any other Note. (c) Not later than 12:00 noon, New York City time, on the Business Day prior to the applicable Payment Date, an amount equal to the purchase price for all Notes of such Series or class (or the permitted portion thereof) on such Payment Date will be deposited into the Distribution Account for such Series in immediately available funds. The funds deposited into such Distribution Account or distributed to the Paying Agent will be passed through in full to the Noteholders on such Payment Date.

Appears in 1 contract

Samples: Base Indenture (Dollar Thrifty Automotive Group Inc)

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Optional Repurchase of Notes. (a) On At any time during the Call Period, the Holder of the Class E Note shall have the option to direct the Issuer to repurchase for the Repurchase Price the Offered Notes then outstanding, on any Payment Date occurring on or after the date on which the Aggregate Principal Balance Holder of any Series is equal the Class E Note provides notice of its election to or less than cause the Repurchase Amount, if any, set forth in the Supplement related to such Series, or class of such Series, or at such other time otherwise provided for in the Supplement relating to such Series, Thrifty Finance shall have the option to purchase all Outstanding Notes of such Series, or class of such Series (or any portion thereof permitted by the related Supplement), at a purchase price (determined after giving effect to any payment of principal and interest on such Payment Date) equal to (unless otherwise specified in the related Supplement) the then outstanding Aggregate Principal Balance of such Series on such Payment Date, plus accrued and unpaid interest on the Aggregate Principal Balance repurchase of the Notes pursuant to the Indenture and the other Transaction Documents. To exercise such option, the Holder of such Series (calculated at the interest rate set forth Class E Note shall cause the Issuer to deposit in the related Supplement for such Series) through the day immediately Note Distribution Account, on or prior to the date Payment Date upon which such Repurchase is to occur, an amount equal to the Repurchase Price which, with respect to the Class D Notes, shall be payable in such consideration as the Holders of the Class D Notes shall deem acceptable, and such purchase plus, if provided for in repurchase shall otherwise comply with the related Supplement, any premium payable at such timerequirements of Section 10.02 of the Indenture. (b) Notice of any repurchase under this pursuant to Section 5.3(a10.01(a) shall be given by the Trustee by first-class mail, postage prepaid, or by facsimile mailed or transmitted not later than ten (10) days prior Holder of the Class E Note to the applicable Payment Date to each Holder of NotesIssuer, as of the close of business on Indenture Trustee and the Record Date preceding the applicable Payment Date, at such Holder's address or facsimile number appearing in the Note Register. All notices of repurchase shall state: (i) the repurchase date; (ii) the repurchase price; and (iii) the place where such Notes are to be surrendered for payment of the repurchase price (which shall be an office or agency of Thrifty Finance to be maintained as provided in Section 2.6). Notice of repurchase of the Notes shall be given by the Trustee in the name and at the expense of Thrifty Finance. Failure to give notice of repurchase, or any defect therein, to any Holder of any Note shall not impair or affect the validity of the repurchase of any other NoteRating Agencies. (c) Not later than 12:00 noonFollowing the satisfaction and discharge of the Indenture, New York City time, the payment in full of the principal of and interest on the Business Day prior Notes, the termination of all Swap Transactions then outstanding under all Swap Agreements then in effect and the payment in full of all amounts, including Swap Breakage Costs, payable to such Swap Counterparties upon such terminations, the Certificateholders will succeed to the applicable Payment Date, an amount equal rights of the Noteholders hereunder and the Owner Trustee will succeed to the purchase price for all Notes rights of such Series or class (or the permitted portion thereof) on such Payment Date will be deposited into the Distribution Account for such Series in immediately available funds. The funds deposited into such Distribution Account or distributed Indenture Trustee pursuant to the Paying Agent will be passed through in full to the Noteholders on such Payment Datethis Agreement.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (American Capital Strategies LTD)

Optional Repurchase of Notes. (a) On Unless otherwise specified in the Series Supplement for a Series of Notes, on any Payment Date occurring on or after the date on which the Aggregate Principal Balance of any Series is equal to or less than the Repurchase AmountPrice, if any, set forth in the Series Supplement related to such Series, or class of such Series, or at such other time otherwise provided for in the Series Supplement relating to such Series, Thrifty Finance RCFC shall have the option to purchase all Outstanding Notes of such Series, or class of such Series (or any portion thereof permitted by the related Series Supplement), at a purchase price (determined after giving effect to any payment of principal and interest on such Payment Date) equal to (unless otherwise specified in the related Series Supplement) the then outstanding Aggregate Principal Balance of such Series on such Payment Date, plus accrued and unpaid interest on the Aggregate Principal Balance of the Notes of such Series (calculated at the interest rate set forth in the related Series Supplement for such Series) through the day immediately prior to the date of such purchase plus, if provided for in the related Series Supplement, any premium payable at such time. (b) Notice of repurchase under this Section 5.3(a) shall be given by the Trustee by first-class mail, postage prepaid, or by facsimile mailed or transmitted not later than ten (10) days prior to the applicable Payment Date to each Holder of Notes, as of the close of business on the Record Date preceding the applicable Payment Date, at such Holder's ’s address or facsimile number appearing in the Note Register. All notices of repurchase shall state: (i) the repurchase dateRepurchase Date; (ii) the repurchase priceRepurchase Price; and (iii) the place where such Notes are to be surrendered for payment of the repurchase price (which shall be an office or agency of Thrifty Finance RCFC to be maintained as provided in Section 2.6). Notice of repurchase of the Notes shall be given by the Trustee in the name and at the expense of Thrifty FinanceRCFC. Failure to give notice of repurchase, or any defect therein, to any Holder of any Note shall not impair or affect the validity of the repurchase of any other Note. (c) Not later than 12:00 noon, New York City time, on the Business Day prior to the applicable Payment Date, an amount equal to the purchase price Repurchase Price for all Notes of such Series or class (or the permitted portion thereof) on such Payment Date will be deposited into the Distribution Account for such Series in immediately available funds. The funds deposited into such Distribution Account or distributed to the Paying Agent will be passed through in full to the Noteholders on such Payment Date.

Appears in 1 contract

Samples: Base Indenture (Dollar Thrifty Automotive Group Inc)

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Optional Repurchase of Notes. Unless otherwise specified in the related Indenture Supplement, in connection with the termination of the Issuer’s Secured Liquidity Note program (other than through the replacement thereof with a facility having substantially similar terms (other than interest rate spreads)) and upon satisfaction of the requirements included in the Program Documents (including the payment of any amounts due and owing to the Senior Secured Parties), (a) On on any Payment Date occurring on or after Date, the date on which the Aggregate Principal Balance of any Series is equal to or less than the Repurchase Amount, if any, set forth in the Supplement related to such Series, or class of such Series, or at such other time otherwise provided for in the Supplement relating to such Series, Thrifty Finance Issuer shall have the option to purchase all Outstanding outstanding Term Notes and Subordinated Notes of such all Series, or class of such Series (or any portion thereof permitted by the related Supplement)in whole but not in part, at a purchase price (determined after giving effect to any payment of principal and interest on such Payment Date) equal to (unless otherwise specified in the related SupplementIndenture Supplements) the then aggregate outstanding Aggregate Principal Balance Amount of such the Term Notes and Subordinated Notes of all Series on such Payment Date, plus accrued and unpaid interest on the Aggregate unpaid aggregate Principal Balance Amount of the Term Notes and Subordinated Notes of such all Series (calculated at the interest rate set forth in the related Supplement for Term Note Rate or Subordinated Note Rate of 34 Base Indenture each such Series, as applicable) through the day immediately prior to the date of such purchase plus, if provided for in the related SupplementIndenture Supplements, any aggregate premium payable at such time. time plus the aggregate amount of any Interest Shortfalls payable in respect of all outstanding Term Notes and Subordinated Notes of all Series plus the aggregate amount of all Principal Amount Charge-Offs that have not been reinstated unless each Subordinated Noteholder waives the payment of such Principal Amount Charge-Offs. The Issuer shall give the Indenture Trustee and the Term Noteholders or Subordinated Noteholders not more than sixty (b60) Notice of repurchase under this Section 5.3(anor less than thirty (30) shall be given by the Trustee by first-class mail, postage prepaid, or by facsimile mailed or transmitted not later than ten (10) days days’ prior to the applicable Payment Date to each Holder of Notes, as written notice of the close of business date on which the Record Date preceding the applicable Payment Date, at Issuer intends to exercise such Holder's address or facsimile number appearing in the Note Registeroption to purchase. All notices of repurchase shall state: (i) the repurchase date; (ii) the repurchase price; and (iii) the place where such Notes are to be surrendered for payment of the repurchase price (which shall be an office or agency of Thrifty Finance to be maintained as provided in Section 2.6). Notice of repurchase of the Notes shall be given by the Trustee in the name and at the expense of Thrifty Finance. Failure to give notice of repurchase, or any defect therein, to any Holder of any Note shall not impair or affect the validity of the repurchase of any other Note. (c) Not later than 12:00 noon, New York City time, on the Business Day prior to such Payment Date with respect to each Series of Term Notes or Subordinated Notes outstanding, the applicable Payment Date, Issuer shall deposit an amount of the purchase price equal to the purchase price for outstanding aggregate Principal Amount of all Term Notes or Subordinated Notes, as applicable, of such Series or class (or the permitted portion thereof) on such Payment Date will be deposited and the amount of accrued and unpaid interest with respect to such Term Notes or Subordinated Notes, any applicable Interest Shortfall and any applicable premium into the Distribution related Payment Account for such Series in immediately available funds. The funds deposited into such Distribution Payment Account or distributed to the Note Paying Agent will be passed through in full to the Term Noteholders or the Subordinated Noteholders on such Payment Date. Any Series of Term Notes or Subordinated Notes or any Class of any Series may be subject to any additional optional repurchase provision provided in the related Indenture Supplement for such Series.

Appears in 1 contract

Samples: Base Indenture (Accredited Home Lenders Holding Co)

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