Reimbursement of Interest upon Conversion. If the Holder converts this Note after the Close of Business on a Regular Record Date, but prior to the Open of Business on the Interest Payment Date corresponding to such Regular Record Date, then (x) the Holder at the Close of Business on such Regular Record Date shall be entitled, notwithstanding such conversion, to receive, on the date the Company delivers (or is required to deliver) the Conversion Consideration due in respect of such conversion, the unpaid interest that would have accrued on such Note to, but excluding, such Interest Payment Date (assuming, solely for these purposes, that such Note remained outstanding through such Interest Payment Date); and (y) the Holder must, upon surrender of this Note for conversion, accompany this Note with an amount of cash equal to the amount of such interest referred to in clause (x) above; provided, however, that the Holder need not make such payment (A) for conversions following the Regular Record Date immediately preceding the Maturity Date; (B) if the Company has specified a Fundamental Change Repurchase Date that is after such Regular Record Date and on or prior to the Business Day immediately following such Interest Payment Date; or (C) to the extent of any overdue interest, if any overdue interest exists at the time of conversion with respect to this Note. For the avoidance of doubt, the Holder at the Close of Business on the Regular Record Date immediately preceding the Maturity Date will be entitled to receive interest that accrues (or would have accrued) on this Note to, but excluding, the Maturity Date notwithstanding any conversion of this Note.
Appears in 6 contracts
Samples: Note Purchase Agreement (Xtant Medical Holdings, Inc.), Note Purchase Agreement (Xtant Medical Holdings, Inc.), Note Purchase Agreement (Xtant Medical Holdings, Inc.)
Reimbursement of Interest upon Conversion. If the a Holder converts this a Note after the Close of Business on a Regular Record Date, but prior to the Open of Business on the Interest Payment Date corresponding to such Regular Record Date, then (x) the Holder of such Note at the Close of Business on such Regular Record Date shall be entitled, notwithstanding such conversion, to receive, on the date the Company delivers (or is required to deliver) the Conversion Consideration due in respect of such conversionInterest Payment Date, the unpaid interest that would have has accrued on such Note to, but excluding, such Interest Payment Date (assuming, solely for these purposes, that such Note remained outstanding through such Interest Payment Date); and (y) the Holder of such Note must, upon surrender of this such Note for conversion, accompany this such Note with an amount of cash equal to the amount of interest that will be payable on such interest referred to in clause (x) aboveNote on such Interest Payment Date; provided, however, that the a Holder need not make such payment (A) for conversions following the Regular Record Date immediately preceding the Maturity Date; (B) if the Company has specified a Fundamental Change Repurchase Date that is after such a Regular Record Date and on or prior to the Business Day immediately following the corresponding Interest Payment Date and the Holder converts its Note after the Close of Business on such Regular Record Date and on or prior to the Open of Business on such Interest Payment Date; (C) if the Company has specified a Redemption Date that is after a Regular Record Date and on or prior to the Business Day immediately following the Interest Payment Date corresponding to such Regular Record Date and such Holder surrenders such Note for conversion after such Regular Record Date and prior to the Open of Business on such Interest Payment Date; or (CD) to the extent of any overdue interest, if any overdue interest exists at the time of conversion with respect to this such Note. For Therefore, for the avoidance of doubt, the Holder at the Close all Holders of Business record on the Regular Record Date immediately preceding the Maturity Date, any Fundamental Change Repurchase Date will be entitled to described in clause (B) above and any Redemption Date described in clause (C) above shall receive the full interest that accrues (or would have accrued) payment due on this Note to, but excluding, the Maturity Date notwithstanding any conversion or other applicable Interest Payment Date in cash regardless of this Notewhether their Notes have been converted following such Regular Record Date.
Appears in 3 contracts
Samples: First Supplemental Indenture (Par Technology Corp), Indenture (Par Technology Corp), Indenture (Par Technology Corp)
Reimbursement of Interest upon Conversion. If the a Holder converts this a Note after the Close of Business on a Regular Record Date, but prior to the Open of Business on the Interest Payment Date corresponding to such Regular Record Date, then (x) the Holder of such Note at the Close of Business on such Regular Record Date shall be entitled, notwithstanding such conversion, to receive, on the date the Company delivers (or is required to deliver) the Conversion Consideration due in respect of such conversionInterest Payment Date, the unpaid interest that would have has accrued on such Note to, but excluding, such Interest Payment Date (assuming, solely for these purposes, that such Note remained outstanding through such Interest Payment Date); and (y) the Holder of such Note must, upon surrender of this such Note for conversion, accompany this such Note with an amount of cash equal to the amount of interest that will be payable on such interest referred to in clause (x) aboveNote on such Interest Payment Date; provided, however, that the a Holder need not make such payment (A) for conversions following the Regular Record Date immediately preceding the Maturity Date; (B) if the Company has specified a Fundamental Change Repurchase Date that is after such a Regular Record Date and on or prior to the Business Day immediately following the corresponding Interest Payment Date and the Holder converts its Note after the Close of Business on such Regular Record Date and on or prior to the Open of Business on such Interest Payment Date; (C) if the Company has specified a Redemption Date that is after a Regular Record Date and on or prior to the Business Day immediately following the Interest Payment Date corresponding to such Regular Record Date and such Holder surrenders such Note for conversion after such Regular Record Date and prior to the Open of Business on such Interest Payment Date; or (CD) to the extent of any overdue interest, if any overdue interest exists at the time of conversion with respect to this Note. For the avoidance of doubt, the Holder at the Close of Business on the Regular Record Date immediately preceding the Maturity Date will be entitled to receive interest that accrues (or would have accrued) on this Note to, but excluding, the Maturity Date notwithstanding any conversion of this such Note.
Appears in 2 contracts
Samples: Indenture (GAIN Capital Holdings, Inc.), Indenture (GAIN Capital Holdings, Inc.)
Reimbursement of Interest upon Conversion. If the a Holder converts this a Note after the Close of Business on a Regular Record Date, but prior to the Open of Business on the Interest Payment Date corresponding to such Regular Record Date, then (x) the Holder of such Note at the Close of Business on such Regular Record Date shall be entitled, notwithstanding such conversion, to receive, on the date the Company delivers (or is required to deliver) the Conversion Consideration due in respect of such conversionInterest Payment Date, the unpaid interest that would have has accrued on such Note to, but excluding, such Interest Payment Date (assuming, solely for these purposes, that such Note remained outstanding through such Interest Payment Date); and (y) the Holder of such Note must, upon surrender of this such Note for conversion, accompany this such Note with an amount of cash equal to the amount of interest that will be payable on such interest referred to in clause (x) aboveNote on such Interest Payment Date; provided, however, that the a Holder need not make such payment (A) for conversions following the Regular Record Date immediately preceding the Maturity Date; (B) if the Company has specified a Fundamental Change Repurchase Date Date, or a date on which Notes are to be repurchased pursuant to a Net Proceeds Offer, that is after such a Regular Record Date and on or prior to the Business Day immediately following the corresponding Interest Payment Date and the Holder converts its Note after the Close of Business on such Regular Record Date and on or prior to the Open of Business on such Interest Payment Date; (C) if the Company has specified a Redemption Date that is after a Regular Record Date and on or prior to the Business Day immediately following the Interest Payment Date corresponding to such Regular Record Date and such Holder surrenders such Note for conversion after such Regular Record Date and prior to the Open of Business on such Interest Payment Date; or (CD) to the extent of any overdue interest, if any overdue interest exists at the time of conversion with respect to this Note. For the avoidance of doubt, the Holder at the Close of Business on the Regular Record Date immediately preceding the Maturity Date will be entitled to receive interest that accrues (or would have accrued) on this Note to, but excluding, the Maturity Date notwithstanding any conversion of this such Note.
Appears in 1 contract
Samples: Indenture (Layne Christensen Co)