Payment of Fundamental Change Repurchase Price. i. On or prior to 10:00 a.m., New York time, one Business Day prior to the Fundamental Change Repurchase Date, the Issuer shall set aside, segregate and hold in trust for the benefit of the Holder an amount of money sufficient to repurchase the applicable portion of this Note to be repurchased at the appropriate Fundamental Change Repurchase Price. Payment for the applicable portion of this Note surrendered for repurchase (and not withdrawn in accordance with Section 9(f) will be made on the later of (i) the Fundamental Change Repurchase Date, provided the Holder has satisfied the conditions in this Section 9 and (ii) the time of delivery of the applicable portion of this Note by the Holder to the Issuer in the manner required by Section 9(c), by mailing checks for the amount payable to the Holder.
Appears in 3 contracts
Samples: Convertible Notes and Warrant Purchase Agreement (Q&K INTERNATIONAL GROUP LTD), Convertible Notes and Warrant Purchase Agreement (Q&K INTERNATIONAL GROUP LTD), Convertible Notes and Warrant Purchase Agreement (Crescent Capital Investments Ltd.)
Payment of Fundamental Change Repurchase Price. i. (a) On or prior to 10:00 a.m., New York time, on one Business Day prior to the relevant Fundamental Change Repurchase Date, the Issuer Company shall set aside, segregate and hold in trust for the benefit of the Holder an amount of money sufficient to repurchase the applicable portion of this the Note to be repurchased at the appropriate Fundamental Change Repurchase Price. Payment for the applicable portion of this the Note surrendered for repurchase (and not withdrawn in accordance with Section 9(f5.5) will be made in accordance with Section 2.2 on the later of (i) the such Fundamental Change Repurchase Date, provided the Holder has satisfied the conditions in this Section 9 Article 5; and (ii) the time of delivery of the applicable portion of this the Note by the Holder to the Issuer Company in the manner required by Section 9(c), by mailing checks for the amount payable to the Holder5.2.
Appears in 2 contracts
Samples: Convertible Notes Subscription Agreement (NIO Inc.), Convertible Notes Subscription Agreement (NIO Inc.)
Payment of Fundamental Change Repurchase Price. i. (a) On or prior to 10:00 a.m., New York City time, one Business Day prior to on the Fundamental Change Repurchase Date, the Issuer Company shall set aside, segregate and hold in trust for the benefit of the Holder an amount of money sufficient to repurchase the applicable portion of this the Note to be repurchased at the appropriate Fundamental Change Repurchase Price. Payment for the applicable portion of this the Note surrendered for repurchase (and not withdrawn in accordance with Section 9(f5.5) will be made on the later of (i) the Fundamental Change Repurchase Date, Date (provided the Holder has satisfied the conditions in this Section 9 ARTICLE 5) and (ii) the time of delivery of the applicable portion of this the Note by the Holder to the Issuer Company in the manner required by Section 9(c)5.2, by mailing checks for the amount payable to the Holder.
Appears in 2 contracts
Samples: Convertible Note Purchase Agreement (Priceline Group Inc.), Convertible Note Purchase Agreement (Priceline Group Inc.)