Purchase of Debentures. Provided that no Event of Default has occurred and is continuing, the Corporation may at any time and from time to time purchase all or any of the Debentures in the market (which shall include purchase from or through an investment dealer or a firm holding membership on a Recognized Stock Exchange) or by tender or by private contract, at any price, subject to compliance with Applicable Securities Laws and the provisions of this Indenture. Debentures so purchased by the Corporation shall be submitted to the Trustee for cancellation in accordance with Section 2.23. If an Event of Default has occurred and is continuing, the Corporation will not have the right to purchase any Debentures except as permitted by this Indenture. If, upon an invitation for tenders, more Debentures than the Corporation is prepared to accept are tendered at the same lowest price, the Debentures to be purchased by the Corporation will be selected by the Trustee on a pro rata basis and in consultation with the Corporation and in accordance with Applicable Securities Laws, from the Debentures tendered by each tendering Debentureholder who tendered at such lowest price. For this purpose the Trustee may make, and may from time to time amend, regulations with respect to the manner in which Debentures may be so selected, and regulations so made shall be valid and binding upon all Debentureholders, notwithstanding the fact that as a result thereof one or more such Debentures becomes subject to purchase in part only. The Holder of any Debenture of which a part only is purchased upon surrender of such Debenture for payment, shall be entitled to receive, without expense to such Holder, a replacement Debenture for and evidencing the same obligation as the unpurchased part so surrendered, and the Trustee shall certify and deliver such replacement Debenture upon receipt of the Debenture so surrendered.
Purchase of Debentures. Contemporaneously with the execution and delivery of this Trust Agreement (i) the Administrative Trustee, on behalf of the Trust, shall purchase $__________ aggregate principal amount of Debentures from the Depositor, registered in the name of the Trust and (ii) in satisfaction of the purchase price for such Debentures, the Property Trustee, on behalf of the Trust, shall deliver to the Depositor the sum of $__________.
Purchase of Debentures. Contemporaneously with the execution and delivery of this Trust Agreement (i) the Administrative Trustee, on behalf of the Trust, shall purchase $185,567,025 aggregate principal amount of Debentures from the Depositor, registered in the name of the Trust and (ii) in satisfaction of the purchase price for such Debentures, the Property Trustee, on behalf of the Trust, shall deliver to the Depositor the sum of $185,567,025.
Purchase of Debentures. Upon the signing of this Agreement, the Company shall sell to the Buyer and the Buyer agrees to purchase from the Company Debentures in the aggregate principal amount equal to the Subscription Amount. The Buyer acknowledges that at Pre-Closing the Company shall immediately have the right to make full use of the Subscription Amount and that the delivery of the Debentures by the Company to Buyer shall occur at Closing.
Purchase of Debentures. 4.1 Put Right upon Closing of DenseLight Transaction Upon the closing of the DenseLight Transaction and subject to the provisions and conditions of this Section 4.1, holders of Debentures shall have a right to require the Company to purchase their Debentures. The terms and conditions of such right are set forth below:
(a) Following the closing of the DenseLight Transaction and prior to the Maturity Date, each holder of Debentures shall have the right (the "Put Right") to require the Company to purchase, on the last day of each calendar month (or the first Business Day after such date if not a Business Day) (each, a "Put Date"), all or any part of such holder's outstanding Debentures in accordance with the requirements of Applicable Securities Legislation in cash at a price equal to the principal amount thereof (the "Put Price") plus accrued and unpaid interest, if any, on such Debentures up to, but excluding, the Put Date (collectively, the "Total Put Price"), in accordance with and subject to the terms of this Section 4.1. If less than the full principal amount of such Debentures is being put to the Company, such amount must be $1,000 or integral multiples thereof.
(b) The Company will, as soon as practicable, and in any event no later than three Business Days after the closing of the DenseLight Transaction, give written notice to the Trustee of the closing of the DenseLight Transaction. The Trustee will, as soon as practicable thereafter, and in any event no later than two Business Days after receiving notice from the Company of the closing of the DenseLight Transaction, provide written notice to the holders of Debentures of the closing of the DenseLight Transaction (the "Put Right Notice"). The Put Right Notice shall be prepared by the Company and shall include (i) a brief description of the DenseLight Transaction; and (ii) details of the Put Right under the terms of this Indenture.
(c) To exercise the Put Right, the applicable holder of Debentures must deliver to the Trustee, not less than five Business Days prior to the applicable Put Date (such date, in each calendar month, the "Monthly Put Right Deadline"), written notice of such holder's intent to exercise such right in the form attached hereto as Schedule "E", together with the Debentures with respect to which the Put Right is being exercised, duly endorsed for transfer or, with respect to a Global Debenture, such Depository shall deliver such Global Debenture to the Trustee who shall make notatio...
Purchase of Debentures. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 and 7 below, the Company shall issue and sell to the Buyers and the Buyers shall purchase from the Company an aggregate principal amount of $450,000 Debentures, in the respective amounts set forth opposite each Buyer's name on the Schedule of Buyers (the "Closing").
Purchase of Debentures. Purchaser hereby agrees to purchase from the Company, and the Company hereby agrees to issue and sell to the Purchaser, the Debentures and the Warrants for an aggregate purchase price of $1,600,000 which shall be payable on the date hereof in next day funds.
Purchase of Debentures. The Company shall issue and sell to each Buyer and each Buyer severally agrees to purchase from the Company such principal amount of convertible subordinated debentures as is set forth immediately below such Buyer's name on the signature pages hereto (collectively, together with any debenture(s) issued in replacement thereof in accordance with the terms thereof, the "DEBENTURES") for an aggregate principal amount of Twenty-Five Million Dollars ($25,000,000).
Purchase of Debentures. (1) At any time when the Company is not in default hereunder it may purchase all or any of the Debentures in the market (which will include purchase from or through an investment dealer or a firm holding membership on a recognized stock exchange) or by tender provided that the price at which such Debentures may be purchased shall not exceed the principal amount of such Debentures together with accrued and unpaid interest to the date of purchase plus reasonable costs of purchase. All Debentures so purchased shall forthwith be delivered to the Trustee and shall be cancelled by it and shall not be re-issued.
(2) If on an invitation for tenders more Debentures are tendered at the same lowest price than the Company is prepared to accept, the Debentures to be purchased at that price shall be purchased proportionately from the Debentures tendered by each holder who tenders Debentures at that price.
Purchase of Debentures. On the Closing Date you will purchase the Debentures to be purchased by you for your own general account, for investment and not with a view to the distribution or resale of such Debentures, subject, however, to any requirement of law that the disposition of your property be at all times within your control.
