Common use of Purchase at the Option of the Holder Upon a Fundamental Change Clause in Contracts

Purchase at the Option of the Holder Upon a Fundamental Change. If a Fundamental Change shall occur at any time, each Holder shall have the right, at such Holder’s option, to require the Company to purchase any or all of such Holder’s Securities on a date, of the Company’s choosing that is not less than 20 nor more than 35 Business Days after the date of the Company Notice of the occurrence of such Fundamental Change (subject to extension to comply with applicable law, as provided in Section 11.3(d)) (the “Fundamental Change Purchase Date”). The Securities shall be repurchased in integral multiples of $1,000 of the principal amount. The Company shall purchase such Securities at a price (the “Fundamental Change Purchase Price”), which shall be paid in cash, equal to 100% of the principal amount of the Securities to be repurchased plus accrued and unpaid interest, including Contingent Interest, if any, to but excluding the Fundamental Change Purchase Date (unless the Fundamental Change Purchase Date is between a Regular Record Date and the interest payment date to which it relates, in which case such accrued and unpaid interest will be paid to the Holder as of such Regular Record Date).

Appears in 2 contracts

Samples: Trinity Industries Inc, Trinity Industries Inc

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Purchase at the Option of the Holder Upon a Fundamental Change. If a Fundamental Change shall occur at any time, each Holder shall have the right, at such Holder’s option, to require the Company to purchase any or all of such Holder’s Securities on a date, of date specified by the Company’s choosing Company that is not less than 20 nor more no later than 35 Business Days calendar days after the date of the Company Notice of the occurrence of such Fundamental Change (subject to extension to comply with applicable law, as provided in Section 11.3(d11.03(d)) (the “Fundamental Change Purchase Date”). The Securities shall be repurchased in integral multiples of $1,000 of the principal amount. The Company shall purchase such Securities at a price (the “Fundamental Change Purchase Price”), which shall be paid in cash, equal to 100% of the principal amount of the Securities to be repurchased purchased plus accrued and unpaid interest, including Contingent Interest, if any, interest to but excluding the Fundamental Change Purchase Date (Date, unless the Fundamental Change Purchase Date is between a Regular Record Date and the interest payment date to which it relates, in which case such the Fundamental Change Purchase Price shall equal 100% of the principal amount of Securities to be purchased and accrued and unpaid interest will shall be paid to the Holder as of such record on the Regular Record Date).

Appears in 2 contracts

Samples: Indenture (Pier 1 Imports Inc/De), Pier 1 Imports Inc/De

Purchase at the Option of the Holder Upon a Fundamental Change. If a Fundamental Change shall occur at any time, each Holder shall have the right, at such Holder’s option, to require the Company to purchase any or all of such Holder’s Securities on a date, of the Company’s choosing date that is not less than 20 nor more no later than 35 Business Days after the date of the Company Notice of the occurrence of such Fundamental Change (subject to extension to comply with applicable law, as provided in Section 11.3(d)) (the “Fundamental Change Purchase Date”). The Securities shall be repurchased in integral multiples of $1,000 of the principal amount. The Company shall purchase such Securities at a price (the “Fundamental Change Purchase Price”), which shall be paid in cash, equal to 100% of the principal amount of the Securities to be repurchased plus accrued and unpaid interestplus, including Contingent Interest, if any, to but excluding the Fundamental Change Purchase Date (unless the Fundamental Change Purchase Date is between a Regular Record Date and the interest payment date to which it relates, in which case such accrued and unpaid interest will be paid interest, including any Additional Interest, to but excluding the Holder as of such Regular Record Fundamental Change Purchase Date).

Appears in 1 contract

Samples: Indenture (Manor Care Inc)

Purchase at the Option of the Holder Upon a Fundamental Change. If a Fundamental Change shall occur at any time, each Holder shall have the right, at such Holder’s option, to require the Company to purchase any or all of such Holder’s Securities on a date, of date specified by the Company’s choosing Company that is not less than 20 nor more no later than 35 Business Days calendar days after the date of the Company Notice of the occurrence of such Fundamental Change (subject to extension to comply with applicable law, as provided in Section 11.3(d11.03(d)) (the “Fundamental Change Purchase Date”). The Securities shall be repurchased in integral multiples of $1,000 of the principal amount. The Company shall purchase such Securities at a price (the “Fundamental Change Purchase Price”), which shall be paid in cash, equal to 100% of the principal amount of the Securities to be repurchased purchased plus accrued and unpaid interest, including Contingent any Additional Interest, if any, to but excluding the Fundamental Change Purchase Date (Date, unless the Fundamental Change Purchase Date is between a Regular Record Date and the interest payment date to which it relates, in which case such the Fundamental Change Purchase Price shall equal 100% of the principal amount of Securities to be purchased and accrued and unpaid interest will interest, including Additional Interest, shall be paid to the Holder as of such record on the Regular Record Date).

Appears in 1 contract

Samples: Pier 1 Imports Inc/De

Purchase at the Option of the Holder Upon a Fundamental Change. If a Fundamental Change shall occur at any time, each Holder shall have the right, at such Holder’s option, to require the Company to purchase any or all of such Holder’s Securities on a date, of the Company’s choosing date that is not less than 20 nor more no later than 35 Business Days after the date of the Company Notice of the occurrence of such Fundamental Change (subject to extension to comply with applicable law, as provided in Section 11.3(d)) (the “Fundamental Change Purchase Date”). The Securities shall be repurchased in integral multiples of $1,000 of the principal amount. The Company shall purchase such Securities at a price (the “Fundamental Change Purchase Price”), which shall be paid in cash, equal to 100% of the principal amount of the Securities to be repurchased plus accrued and unpaid interestplus, including Contingent Interest, if any, to but excluding the Fundamental Change Purchase Date (unless the Fundamental Change Purchase Date is between a Regular Record Date and the interest payment date to which it relates, in which case such accrued and unpaid interest will be paid interest, including Contingent Interest and Additional Interest, if any, to but excluding the Holder as of such Regular Record Fundamental Change Purchase Date).

Appears in 1 contract

Samples: Manor Care Inc

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Purchase at the Option of the Holder Upon a Fundamental Change. If a Fundamental Change shall occur at any time, each Holder shall have the right, at such Holder’s option, to require the Company to purchase any or all of such Holder’s Securities on a date, of the Company’s choosing that is not less than 20 nor more than 35 Business Days after the date of the Company Notice of the occurrence of such Fundamental Change (subject to extension to comply with applicable law, as provided in Section 11.3(d)) ) (the Fundamental Change Purchase DateDate ”). The Securities shall be repurchased in integral multiples of $1,000 of the principal amount. The Company shall purchase such Securities at a price (the Fundamental Change Purchase PricePrice ”), which shall be paid in cash, equal to 100% of the principal amount of the Securities to be repurchased plus accrued and unpaid interest, including Contingent Interest, if any, to but excluding the Fundamental Change Purchase Date (unless the Fundamental Change Purchase Date is between a Regular Record Date and the interest payment date to which it relates, in which case such accrued and unpaid interest will be paid to the Holder as of such Regular Record Date).

Appears in 1 contract

Samples: Trinity Industries Inc

Purchase at the Option of the Holder Upon a Fundamental Change. If a Fundamental Change shall occur at any time, each Holder shall have the right, at such Holder’s option, to require the Company to purchase any or all of such Holder’s Securities on a date, of the Company’s choosing that is not less than 20 nor more than 35 Business Days after the date of the Company Notice of the occurrence of such Fundamental Change (subject to extension to comply with applicable law, as provided in Section 11.3(d)) ) (the “Fundamental Change Purchase Date”). The Securities shall be repurchased in integral multiples of $1,000 of the principal amount. The Company shall purchase such Securities at a price (the Fundamental Change Purchase Price”), which shall be paid in cash, equal to 100% of the principal amount of the Securities to be repurchased plus accrued and unpaid interest, including Contingent Interest, if any, to but excluding the Fundamental Change Purchase Date (unless the Fundamental Change Purchase Date is between a Regular Record Date and the interest payment date to which it relates, in which case such accrued and unpaid interest will be paid to the Holder as of such Regular Record Date).

Appears in 1 contract

Samples: Indenture (Trinity Industries Inc)

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