Payment of Fundamental Change Repurchase Price. The Securities to be repurchased pursuant to this Section 11.08 shall be paid for in cash; provided that if a Fundamental Change occurs as a result of a Change of Control Event, the Securities to be repurchased may be paid for, in whole or in part, at the election of the Company, in cash or Common Stock or any combination of cash and Common Stock, subject to the conditions set forth in clause (f) of this Section 11.08.
Appears in 4 contracts
Samples: Indenture (Oscient Pharmaceuticals Corp), Indenture (Oscient Pharmaceuticals Corp), Indenture (Oscient Pharmaceuticals Corp)
Payment of Fundamental Change Repurchase Price. The Securities to be repurchased pursuant to this Section 11.08 12.08 shall be paid for in cash; provided that if a Fundamental Change occurs as a result of a Change of Control Event, the Securities to be repurchased may be paid for, in whole or in part, at the election of the Company, in cash or Common Stock or any combination of cash and Common Stock, subject to the conditions set forth in clause (f) of this Section 11.0812.08.
Appears in 2 contracts
Samples: Indenture (Oscient Pharmaceuticals Corp), Indenture (Guardian II Acquisition CORP)
Payment of Fundamental Change Repurchase Price. The Securities to be repurchased pursuant to this Section 11.08 11.06 shall be paid for in cash; provided that if a by (i) the payment of the Fundamental Change occurs as a result Redemption Price in cash and (ii) the payment of a Change of Control Event, the Securities to be repurchased may be paid for, in whole or in partMake-Whole Premium, at the election option of the CompanyCompany and subject to Section 14.01(d), in either cash or Common Stock or any combination shares of cash and Common Stock, subject to the conditions set forth in clause (f) of this Section 11.08.
Appears in 2 contracts
Samples: Indenture (Vector Group LTD), Indenture (Vector Group LTD)
Payment of Fundamental Change Repurchase Price. The Securities to be repurchased pursuant to this Section 11.08 11.09 shall be paid for in cash; provided that if a Fundamental Change occurs as a result of a Change of Control Event, the Securities to be repurchased may be paid for, in whole or in part, at the election of the Company, in cash or Common Stock or any combination of cash and Common Stock, subject to the conditions set forth in clause (fe) of this Section 11.0811.09.
Appears in 1 contract
Samples: Indenture (Affymetrix Inc)
Payment of Fundamental Change Repurchase Price. The Securities to be repurchased pursuant to this Section 11.08 11.09 shall be paid for in cash; provided that if a Fundamental Change occurs as a result of a Change of Control Event, the Securities to be repurchased may be paid for, in whole or in part, at the election of the Company, in cash or Common Stock or any combination of cash and Common Stock, subject to the conditions set forth in clause paragraph (fe) of this Section 11.08below.
Appears in 1 contract
Payment of Fundamental Change Repurchase Price. The Securities to be repurchased pursuant to this Section 11.08 and Section 11.09 shall be paid for in cash; provided that if a by (i) the payment of the Fundamental Change occurs as a result Redemption Price in cash and (ii) the payment of a Change of Control Event, the Securities to be repurchased may be paid for, in whole or in partMake-Whole Premium, at the election option of the CompanyCompany and subject to Section 14.01(d), in either cash or shares of Common Stock or any a combination of cash and Common Stock, subject to the conditions set forth in clause (f) of this Section 11.08thereof.
Appears in 1 contract
Samples: Indenture (Vector Group LTD)
Payment of Fundamental Change Repurchase Price. The Securities to be repurchased pursuant to this Section 11.08 11.06 shall be paid for in cash; provided that if a by (i) the payment of the Fundamental Change occurs as a result Redemption Price in cash and (ii) the payment of a Change of Control Event, the Securities to be repurchased may be paid for, in whole or in partMake-Whole Premium, at the election option of the CompanyCompany and subject to Section 14.01(d), in either cash or shares of Common Stock or any a combination of cash and Common Stock, subject to the conditions set forth in clause (f) of this Section 11.08thereof.
Appears in 1 contract
Samples: Indenture (Vector Group LTD)