Common use of Repurchase at Option of Holders Upon a Fundamental Change Clause in Contracts

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change at any time prior to the Maturity Date, then each Holder shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s Securities, or any portion thereof that is an integral multiple of $1,000 principal amount, on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 Business Days and not more than 35 Business Days after the date of the Fundamental Change Company Notice at a repurchase price equal to 100% of the principal amount thereof, together with accrued and unpaid interest thereon to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), unless the Fundamental Change Repurchase Date is after a Regular Record Date and on or prior to the related Interest Payment Date, in which case interest accrued to the Interest Payment Date will be paid to holders of the Securities as of the preceding Regular Record Date and the Fundamental Change Repurchase Price payable to the Holder surrendering the Security for repurchase pursuant to this Article 3 shall be equal to the principal amount of Securities subject to repurchase and will not include any accrued and unpaid interest. Repurchases of Securities under this Section 3.01 shall be made, at the option of the Holder thereof, upon:

Appears in 5 contracts

Samples: Indenture (Jakks Pacific Inc), Indenture (Jakks Pacific Inc), Indenture (BGC Partners, Inc.)

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Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change at any time prior to the Maturity Dateoccurs, then each Holder shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s Securities, or any portion thereof that is an integral equal to $1,000 or a multiple of $1,000 principal amount1,000, on the a date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 Business Days and not or more than 35 Business Days after calendar days following the date of the Fundamental Change Company Notice Notice, at a repurchase purchase price equal to 100% of the principal amount thereofof the Securities to be repurchased, together with plus accrued and unpaid interest thereon thereon, if any, to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”); provided, unless however, that if the Fundamental Change Repurchase Date is falls after a Regular Record Date and on or prior to the related Interest Payment Date corresponding to such Regular Record Date, in which case the Company shall instead pay the full amount of accrued and unpaid interest accrued to on such Security on the Interest Payment Date will be paid to holders the Holder of the Securities record of such Security as of the preceding such Regular Record Date and the Fundamental Change Repurchase Price payable shall be equal to 100% of the Holder surrendering principal amount of the Security for repurchase Securities to be purchased pursuant to this Article 3 shall be equal to the principal amount of Securities subject to repurchase and will not include any accrued and unpaid interest15. Repurchases Purchases of Securities under this Section 3.01 15.02 shall be made, at the option of the Holder thereof, upon:

Appears in 4 contracts

Samples: Indenture (Arbor Realty Trust Inc), Indenture (Arbor Realty Trust Inc), Indenture (Arbor Realty Trust Inc)

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change occurs at any time prior to the Maturity Date, then each Holder shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s SecuritiesNotes, or any portion of the principal amount thereof properly surrendered and not validly withdrawn pursuant to Section 15.03 that is equal to $1,000 or an integral multiple of $1,000 principal amount1,000, on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 twenty (20) Business Days and not or more than 35 thirty-five (35) Business Days after following the date of the Fundamental Change Company Notice at a repurchase price equal to 100% of the principal amount thereof, together with plus accrued and unpaid interest thereon interest, if any, plus any remaining amounts that would be owed to, but excluding, the Fundamental Change Repurchase Maturity Date (the “Fundamental Change Repurchase Price”), unless the Fundamental Change Repurchase Date is falls after a Regular Record Date and but on or prior to the related Interest Payment DateDate to which such Regular Record Date relates, in which case the Company shall instead pay the full amount of accrued and unpaid interest accrued to the (to, but excluding, such Interest Payment Date will be paid Date) to holders Holders of the Securities record as of the preceding such Regular Record Date Date, and the Fundamental Change Repurchase Price payable shall be equal to 100% of the Holder surrendering the Security for repurchase principal amount of Notes to be repurchased pursuant to this Article 3 15. The Fundamental Change Repurchase Date shall be equal to the principal amount of Securities subject to repurchase and will not include any accrued and unpaid interestpostponement in order to allow the Company to comply with applicable law. Repurchases of Securities Notes under this Section 3.01 15.02 shall be made, at the option of the Holder thereof, upon:

Appears in 4 contracts

Samples: Backstop Agreement (KORE Group Holdings, Inc.), Indenture (KORE Group Holdings, Inc.), Backstop Agreement (Cerberus Telecom Acquisition Corp.)

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change occurs at any time prior to the Maturity Date, then each Holder shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s SecuritiesNotes, or any portion thereof that is equal to $1,000 or an integral multiple of $1,000 principal amount1,000, on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 Business Days and not or more than 35 Business Days after following the date of the Fundamental Change Company Notice at a repurchase price equal to 100% of the principal amount thereof, together with plus accrued and unpaid interest thereon to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), unless the Fundamental Change Repurchase Date is falls after a Regular Record Date and but on or prior to the related Interest Payment DateDate to which such Regular Record Date relates, in which case the Company shall instead pay the full amount of accrued and unpaid interest accrued to the Interest Payment Date will be paid to holders Holders of the Securities record as of the preceding such Regular Record Date Date, and the Fundamental Change Repurchase Price payable shall be equal to 100% of the Holder surrendering the Security for repurchase principal amount of Notes to be repurchased pursuant to this Article 3 shall be equal 15. To the extent that the provisions of any securities laws or regulations conflict with the provisions of the Notes and this Indenture relating to the principal amount Company’s obligation to purchase Notes upon a Fundamental Change, the Company shall comply with the applicable securities laws and regulations and shall not be deemed to have breached its obligation under the provisions of Securities subject to repurchase and will not include any accrued and unpaid interest. Repurchases this Indenture by virtue of Securities under this Section 3.01 shall be made, at the option of the Holder thereof, upon:such conflict.

Appears in 4 contracts

Samples: Microstrategy Incorporated (MICROSTRATEGY Inc), Microstrategy Incorporated (MICROSTRATEGY Inc), Microstrategy Incorporated (MICROSTRATEGY Inc)

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change occurs at any time prior to the Maturity Date, then each Holder Noteholder shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s Securities, Notes or any portion thereof that is an integral a multiple of $1,000 principal amount, for cash on or after the Close of Business on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 Business Days twenty (20) calendar days and not more than 35 Business Days thirty-five (35) calendar days after the date of the Fundamental Change Company Notice (as defined below) at a repurchase price equal to 100% of the principal amount thereof, together with accrued and unpaid interest thereon (including Additional Interest and Filing Additional Interest, if any) to, but excluding, the Fundamental Change Repurchase Date (collectively, the “Fundamental Change Repurchase Price”). Notwithstanding the foregoing, unless if the Fundamental Change Repurchase Date is after a Regular Record Date and on or prior to the related corresponding Interest Payment Date, in which case the accrued and unpaid interest accrued to the (including Additional Interest Payment Date and Filing Additional Interest, if any) will be paid to holders of the Securities as of the preceding Regular Record Date and on the Fundamental Change Repurchase Price payable Date to the Holder surrendering of record on the Security for repurchase pursuant to this Article 3 shall be equal to the principal amount of Securities subject to repurchase and will not include any accrued and unpaid interestRecord Date. Repurchases of Securities Notes under this Section 3.01 11.01 shall be made, at the option of the Holder thereof, upon:

Appears in 4 contracts

Samples: Indenture (Prospect Capital Corp), Indenture (Prospect Capital Corp), Prospect Capital Corp

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change at any time prior to the Maturity Date, then each Holder shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s SecuritiesNotes, or any portion thereof that is equal to $1,000 principal amount or an integral multiple of $1,000 principal amountin excess thereof, on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 Business Days days and not more than 35 Business Days days after the date of the Fundamental Change Company Repurchase Right Notice at a repurchase price equal to 100% of the principal amount thereof, together with accrued and unpaid interest interest, including any Additional Interest, thereon to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), unless the Fundamental Change Repurchase Date is falls after a Regular Record Date and on or prior to the related corresponding Interest Payment Date, in which case interest accrued to the Interest Payment Date will be paid to holders Holders of the Securities Notes as of the preceding Regular Record Date and the Fundamental Change Repurchase Price payable to the Holder surrendering the Security Note for repurchase pursuant to this Article 3 16 shall be equal to the principal amount of Securities Notes subject to repurchase and repurchase. Any Notes repurchased by the Company pursuant to this Article 16 will not include any accrued and unpaid interestbe paid for in cash. Repurchases of Securities Notes under this Section 3.01 16.02 shall be made, at the option of the Holder thereof, upon:

Appears in 3 contracts

Samples: Indenture (Sina Corp), Indenture (WEIBO Corp), Indenture (Sina Corp)

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change occurs at any time prior to the Maturity Datetime, then each Holder shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s SecuritiesNotes, or any portion thereof that is equal to US$1,000 or an integral multiple of $1,000 principal amountUS$1,000, on the date Business Day (the “Fundamental Change Repurchase Date”) specified notified in writing by the Company as set forth in Section 15.02(c) that is not less than 20 3 Business Days and not or more than 35 Business Days after following the date of the Fundamental Change Company Notice Notice, at a repurchase price equal to to, (A) in the case of a Fundamental Adverse Regulatory Change, the sum of (i) 100% of the principal amount thereof, together with (ii) a premium equal to an amount that would yield a return on the principal amount thereof at the rate of 6% per annum, compounded annually, from the date hereof to the Fundamental Change Repurchase Date, and (iii) accrued and unpaid interest thereon to, but excluding, the Fundamental Change Repurchase Date, or (B) in the case of any Fundamental Change other than a Fundamental Adverse Regulatory Change, (x) if the Fundamental Change Repurchase Date is on or prior to the third (3rd) anniversary of the date of this Indenture, the sum of: (i) 100% of the principal amount of the Notes to be repurchased, (ii) a premium equal to 20% of the principal amount thereof, and (iii) accrued and unpaid interest thereon to, but excluding, the Fundamental Change Repurchase Date, or (y) if the Fundamental Change Repurchase Date is after the third (3rd) anniversary of the date of this Indenture, the sum of: (i) 100% of the principal amount of the Notes to be repurchased, (ii) a premium equal to 30% of the principal amount thereof, and (iii) accrued and unpaid interest thereon to, but excluding, the Fundamental Change Repurchase Date (the purchase price under (A) or (B), the “Fundamental Change Repurchase Price”), unless the Fundamental Change Repurchase Date is falls after a Regular Record Date and but on or prior to the related Interest Payment Date to which such Regular Record Date relates, in which case the Company shall instead pay the full amount of accrued and unpaid interest to Holders of record as of such Regular Record Date on such Interest Payment Date, in which case interest accrued to the Interest Payment Date will be paid to holders of the Securities as of the preceding Regular Record Date and the Fundamental Change Repurchase Price payable shall be equal to 100% of the Holder surrendering the Security for repurchase principal amount of Notes to be repurchased, plus any premium thereon, in each case, pursuant to this Article 3 shall be equal to the principal amount of Securities subject to repurchase and will not include any accrued and unpaid interest. Repurchases of Securities under this Section 3.01 shall be made, at the option of the Holder thereof, upon:15.

Appears in 3 contracts

Samples: Indenture (Baidu, Inc.), Indenture (iQIYI, Inc.), Indenture (Pacific Alliance Group LTD)

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change at any time prior to the Maturity Date, then each Holder of Securities shall have the right, at such Holder’s option, to require the Company to repurchase for cash cash, at the Fundamental Change Repurchase Price (as defined below), all of such Holder’s Securities, or any portion thereof that is an integral a multiple of $1,000 principal amount, on the a date (the “Fundamental Change Repurchase Date”) specified by the Company Company, that is not less than 20 Business Days and not calendar days nor more than 35 Business Days calendar days after the date of the Company Repurchase Notice related to such Fundamental Change Company Notice at a cash repurchase price equal to 100% of the principal amount thereofof the Securities being repurchased, together with plus accrued and unpaid interest thereon to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), unless subject to the satisfaction by the Holder of the requirements set forth in Section 3.04(c); provided that if such Fundamental Change Repurchase Date is falls after a Regular Record Date and on or prior to the related corresponding Interest Payment Date, in which case then the interest accrued payable on the Fundamental Change Repurchase Date shall be paid on the Fundamental Change Repurchase Date to the Interest Payment Date will be paid to holders Holders of record of the Securities as of on the preceding applicable Regular Record Date instead of the Holders surrendering the Securities for repurchase on such date, and the Fundamental Change Repurchase Price payable to the Holder surrendering the Security for repurchase pursuant to this Article 3 shall will be equal to 100% of the principal amount of the Securities subject to repurchase and will not include any accrued and unpaid interest. Repurchases of Securities under this Section 3.01 shall be made, at the option of the Holder thereof, upon:repurchased.

Appears in 3 contracts

Samples: Indenture (Viavi Solutions Inc.), Indenture (Viavi Solutions Inc.), Viavi Solutions (Viavi Solutions Inc.)

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change occurs at any time prior to the Maturity Date, then each Holder shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s SecuritiesNotes, or any portion thereof that is equal to $1,000 or an integral multiple of $1,000 principal amount1,000, on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 Business Days and not calendar days or more than 35 Business Days after calendar days following the date of the Fundamental Change Company Notice (or, if we fail to specify a Fundamental Change Repurchase Date, the 35th calendar day following the date of the Fundamental Change Company Notice (without prejudice to any rights or remedies Holders may have on account of such failure)) at a repurchase price equal to 100% of the principal amount thereof, together with plus accrued and unpaid interest thereon to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), unless the Fundamental Change Repurchase Date is falls after a Regular Record Date and but on or prior to the related Interest Payment DateDate to which such Regular Record Date relates, in which case the Company shall instead pay the full amount of accrued and unpaid interest accrued to the Interest Payment Date will be paid to holders Holders of the Securities record as of the preceding such Regular Record Date Date, and the Fundamental Change Repurchase Price payable shall be equal to 100% of the Holder surrendering the Security for repurchase principal amount of Notes to be repurchased pursuant to this Article 3 shall be equal to the principal amount of Securities subject to repurchase and will not include any accrued and unpaid interest. Repurchases of Securities under this Section 3.01 shall be made, at the option of the Holder thereof, upon:15.

Appears in 2 contracts

Samples: Indenture (Yandex N.V.), Indenture (Yandex N.V.)

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change at any time prior to maturity of the Maturity DateNotes, then each the Holder shall have the right, at such Holder’s its option, to require the Company to repurchase the Notes for cash all of such Holder’s Securitiescash, or any portion thereof that is an integral multiple of $1,000 principal amount, on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 twenty (20) Business Days and not more than 35 thirty five (35) Business Days after the date of the Fundamental Change Company Notice (as defined below) at a repurchase price equal to 100% of the principal amount thereof, together with accrued and unpaid interest thereon to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), unless the . If such Fundamental Change Repurchase Date is falls after a Regular Record Date for the payment of interest, and on or prior to the related corresponding Interest Payment Date, in which case interest accrued to the Interest Payment Date will be paid to holders of Company shall instead pay the Securities as of the preceding Regular Record Date and the Fundamental Change Repurchase Price payable principal amount to the Holder surrendering the Security Notes for repurchase pursuant to this Article 3 shall be equal to Section 4.02, and pay the principal full amount of Securities subject to repurchase and will not include any accrued and unpaid interestinterest payable on such Interest Payment Date to the Holder on the close of business on the corresponding Record Date. Repurchases of Securities Notes under this Section 3.01 4.02 shall be made, at the option of the Holder holder thereof, upon:

Appears in 2 contracts

Samples: Exchange Agreement (Albany International Corp /De/), Exchange Agreement (Albany International Corp /De/)

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change occurs at any time prior to the Maturity Date, then each Holder shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s SecuritiesNotes, or any portion thereof that is equal to minimum denominations of $1,000 or an integral multiple of $1,000 principal amountin excess thereof, on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 Business Days and not calendar days or more than 35 Business Days after calendar days following the date of the Fundamental Change Company Notice at a repurchase price equal to 100% of the principal amount thereof, together with plus accrued and unpaid interest thereon to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), unless the Fundamental Change Repurchase Date is falls after a Regular Record Date and but on or prior to the related Interest Payment DateDate to which such Regular Record Date relates, in which case the Company shall instead pay the full amount of accrued and unpaid interest accrued to the Interest Payment Date will be paid to holders Holders of the Securities record as of the preceding such Regular Record Date Date, and the Fundamental Change Repurchase Price payable shall be equal to 100% of the Holder surrendering the Security for repurchase principal amount of Notes to be repurchased pursuant to this Article 3 15; provided that the Company shall not be equal required to repurchase, or to make an offer to repurchase, the principal amount of Securities subject to repurchase and will not include any accrued and unpaid interest. Repurchases of Securities under this Section 3.01 shall be madeNotes upon a Fundamental Change if a third party makes such an offer in the same manner, at the option of same time and otherwise in compliance with the Holder thereofrequirements for an offer made by the Company as set forth in this Section 15.02 and such third party purchases all Notes properly surrendered and not validly withdrawn under its offer in the same manner, upon:at the same time and otherwise in compliance with the requirements for an offer made by the Company as set forth in this Section 15.02.

Appears in 2 contracts

Samples: Indenture (Sunrun Inc.), Indenture (Century Aluminum Co)

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change occurs at any time prior to the Maturity Datetime, then each Holder shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s SecuritiesNotes, or any portion of the principal amount thereof that is equal to $1,000 or an integral multiple of $1,000 principal amount1,000, on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 Business Days and not or more than 35 Business Days after following the date of the Fundamental Change Company Notice at a repurchase price equal to 100% of the principal amount thereof, together with plus any accrued and unpaid interest Special Interest thereon to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), unless the Fundamental Change Repurchase Date is falls after a Regular Special Interest Record Date and but on or prior to the related Special Interest Payment DateDate to which such Special Interest Record Date relates, in which case interest the Company shall instead pay the full amount of any accrued to the and unpaid Special Interest (to, but excluding, such Special Interest Payment Date will be paid Date) to holders Holders of the Securities record as of the preceding Regular such Special Interest Record Date Date, and the Fundamental Change Repurchase Price payable shall be equal to 100% of the Holder surrendering the Security for repurchase principal amount of Notes to be repurchased pursuant to this Article 3 15. The Fundamental Change Repurchase Date shall be equal to the principal amount of Securities subject to repurchase and will not include any accrued and unpaid interest. Repurchases of Securities under this Section 3.01 shall be made, at postponement in order to allow the option of the Holder thereof, upon:Company to comply with applicable law.

Appears in 2 contracts

Samples: Indenture (Bill.com Holdings, Inc.), Indenture (Cloudflare, Inc.)

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change occurs at any time prior to the Maturity Date, then the Issuer shall make an offer to repurchase the Notes and each Holder shall shall, following the receipt of a Fundamental Change Notice, have the right, at such Holder’s option, to require the Company Issuer to repurchase for cash all of such Holder’s SecuritiesNotes, or any portion of the principal amount thereof properly surrendered and not validly withdrawn pursuant to Section 14.02 that is equal to $1,000 or an integral multiple of $1,000 principal amount1,000, on the date (the “Fundamental Change Repurchase Date”) specified by the Company Issuer that is not less than 20 Business Days and not or more than 35 Business Days after following the date of the Fundamental Change Company Notice at a repurchase price equal to 100% of the principal amount thereof, together with applicable Redemption Price plus accrued and unpaid interest thereon to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), unless the Fundamental Change Repurchase Date is falls after a Regular Record Date and but on or prior to the related Interest Payment Date to which such Regular Record Date relates, in which case the Issuer shall instead pay, on or, at the Issuer’s election, before such Interest Payment Date, in which case the full amount of accrued and unpaid interest accrued to the Interest Payment Date will be paid to holders Holders of the Securities record as of the preceding such Regular Record Date Date, and the Fundamental Change Repurchase Price payable to the Holder surrendering the Security for repurchase pursuant to this Article 3 shall be equal to the principal amount applicable Redemption Price of Securities subject Notes to repurchase and will not include any accrued and unpaid interest. Repurchases of Securities under be repurchased pursuant to this Section 3.01 shall be made, at the option of the Holder thereof, upon:Article 14.

Appears in 2 contracts

Samples: Subscription Agreement (M3-Brigade Acquisition III Corp.), Business Combination Agreement (M3-Brigade Acquisition III Corp.)

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change occurs at any time prior to the Maturity Date, then each Holder shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s SecuritiesNotes, or any portion thereof that is equal to $1,000 principal amount or an integral multiple of $1,000 principal amountin excess thereof, on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 Business Days and not or more than 35 Business Days after following the date of the Fundamental Change Company Notice Notice, subject to postponement, at the Company’s option, in order to allow the Company to comply with applicable law (such specified date, as it may be so postponed, the “Fundamental Change Repurchase Date”), at a repurchase price equal to 100% of the principal amount thereofof the Notes to be repurchased, together with plus accrued and unpaid interest thereon to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), unless the Fundamental Change Repurchase Date is falls after a Regular Record Date and but on or prior to the related Interest Payment DateDate to which such Regular Record Date relates, in which case the Company shall instead pay the full amount of accrued and unpaid interest accrued to the (to, but not including, such Interest Payment Date will be paid Date) to holders Holders of the Securities record as of the preceding such Regular Record Date Date, and the Fundamental Change Repurchase Price payable shall be equal to 100% of the Holder surrendering the Security for repurchase principal amount of Notes to be repurchased pursuant to this Article 3 shall be equal to the principal amount of Securities subject to repurchase and will not include any accrued and unpaid interest. Repurchases of Securities under this Section 3.01 shall be made, at the option of the Holder thereof, upon:15.

Appears in 2 contracts

Samples: Intercreditor Agreement (Karyopharm Therapeutics Inc.), Indenture (Karyopharm Therapeutics Inc.)

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change occurs at any time prior to the Maturity Date, then each Holder Noteholder shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s Securities, Notes or any portion thereof that is an integral a multiple of $1,000 principal amount, for cash on or after the Close of Business on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 Business Days twenty (20) calendar days and not more than 35 Business Days thirty-five (35) calendar days after the date of the Fundamental Change Company Notice (as defined below) at a repurchase price equal to 100% of the principal amount thereof, together with accrued and unpaid interest thereon (including Filing Additional Interest, if any) to, but excluding, the Fundamental Change Repurchase Date (collectively, the “Fundamental Change Repurchase Price”). Notwithstanding the foregoing, unless if the Fundamental Change Repurchase Date is after a Regular Record Date and on or prior to the related corresponding Interest Payment Date, in which case the accrued and unpaid interest accrued to the Interest Payment Date (including Filing Additional Interest, if any) will be paid to holders of the Securities as of the preceding Regular Record Date and on the Fundamental Change Repurchase Price payable Date to the Holder surrendering of record on the Security for repurchase pursuant to this Article 3 shall be equal to the principal amount of Securities subject to repurchase and will not include any accrued and unpaid interestRecord Date. Repurchases of Securities Notes under this Section 3.01 11.02 shall be made, at the option of the Holder thereof, upon:

Appears in 2 contracts

Samples: Supplemental Indenture (Prospect Capital Corp), Supplemental Indenture (Prospect Capital Corp)

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change occurs at any time prior to the Maturity Datetime, then each Holder shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s SecuritiesNotes, or any portion of the principal amount thereof that is equal to $1,000 or an integral multiple of $1,000 principal amount1,000, on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 Business Days and not or more than 35 Business Days after following the date of the Fundamental Change Company Notice at a repurchase price equal to 100% of the principal amount thereof, together with plus accrued and unpaid interest Special Interest, if any, thereon to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), unless the Fundamental Change Repurchase Date is falls after a Regular Special Interest Record Date and but on or prior to the related Special Interest Payment DateDate to which such Special Interest Record Date relates, in which case interest the Company shall instead pay the full amount of any accrued to the and unpaid Special Interest (to, but excluding, such Special Interest Payment Date will be paid Date) to holders Holders of the Securities record as of the preceding Regular close of business on such Special Interest Record Date Date, and the Fundamental Change Repurchase Price payable shall be equal to 100% of the Holder surrendering the Security for repurchase principal amount of Notes to be repurchased pursuant to this Article 3 15. The Fundamental Change Repurchase Date shall be equal to the principal amount of Securities subject to repurchase and will not include any accrued and unpaid interest. Repurchases of Securities under this Section 3.01 shall be made, at postponement in order to allow the option of the Holder thereof, upon:Company to comply with applicable law.

Appears in 1 contract

Samples: Indenture (3d Systems Corp)

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur In the event a Fundamental Change shall occur at any time prior to the Maturity Datewhen any Notes remain outstanding, then each Holder Noteholder shall have the right, at such Holderholder’s option, to require the Company to repurchase for cash purchase all of such Holder’s Securities, holders’ Notes or any portion of the principal amount thereof that is equal to $1,000 or an integral multiple of $1,000 principal amount, thereof on a date specified by the date Company (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 Business Days and not nor more than 35 Business Days (or any longer period required by law) after the date on which the Company gives the notice of the such Fundamental Change Company Notice pursuant to clause (b) below, at a repurchase purchase price in cash equal to 100% of the principal amount thereof, together with accrued and unpaid interest thereon to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), unless the . If such Fundamental Change Repurchase Date is falls after a Regular Interest Record Date and on or prior to the related corresponding Interest Payment Date, in which case interest accrued the Company shall instead pay the principal amount to the Interest Payment Date will be paid to holders of the Securities as of the preceding Regular Record Date and the Fundamental Change Repurchase Price payable to the Holder Noteholders surrendering the Security Notes for repurchase pursuant to this Article 3 shall be equal to Section 9.02, and pay the principal full amount of Securities subject to repurchase and will not include any accrued and unpaid interestinterest payable on such Interest Payment Date to the holder of record on the close of business on the corresponding Interest Record Date. Repurchases of Securities Notes under this Section 3.01 9.02 shall be mademade on the Fundamental Change Repurchase Date, at the option of the Holder holder thereof, upon:

Appears in 1 contract

Samples: First Supplemental Indenture (Bristow Group Inc)

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change at any time prior to maturity of the Maturity DateDebentures, then each Holder Debentureholder shall have the right, at such Holder’s holder's option, to require the Company to repurchase for cash all of such Holder’s Securitiesholder's Debentures for cash, or any portion thereof that is an integral a multiple of $1,000 principal amount, on the date (the “Fundamental Change Repurchase Date”"FUNDAMENTAL CHANGE REPURCHASE DATE") specified by the Company that is not less than 20 twenty (20) Business Days and not more than 35 thirty five (35) Business Days after the date of the Fundamental Change Company Repurchase Notice (as defined below) at a repurchase price equal to 100% of the principal amount thereof, together with accrued and unpaid interest interest, including unpaid Additional Interest, if any, thereon to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”"FUNDAMENTAL CHANGE REPURCHASE PRICE"), unless the . If such Fundamental Change Repurchase Date is falls after a Regular Record Date record date for the payment of interest, Additional Interest and on or prior to the related corresponding Interest Payment Date, in which case interest accrued to the Interest Payment Date will be paid to holders of the Securities as of the preceding Regular Record Date and the Fundamental Change Repurchase Price payable to the Holder surrendering the Security for repurchase pursuant to this Article 3 Company shall be equal to instead pay the principal amount to the Debentureholders, and pay the full amount of Securities subject to repurchase and will not include any accrued and unpaid interest, including accrued and unpaid Additional Interest, if any, payable on such Interest Payment Date to the holder of record on the close of business on the corresponding record date. Repurchases of Securities Debentures under this Section 3.01 16.02 shall be made, at the option of the Holder holder thereof, upon:

Appears in 1 contract

Samples: Indenture (Lifepoint Hospitals, Inc.)

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change occurs at any time prior to the Maturity Date, then each Holder shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s SecuritiesNotes, or any portion of the principal amount thereof that is an integral equal to $1,000 or a multiple of $1,000 principal amount1,000, on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 Business Days and not calendar days or more than 35 Business Days after calendar days following the date of the Fundamental Change Company Notice at a repurchase price equal to 100% of the principal amount thereof, together with plus accrued and unpaid interest thereon to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), unless the Fundamental Change Repurchase Date is falls after a Regular Record Date and but on or prior to the related Interest Payment DateDate to which such Regular Record Date relates, in which case the Company shall instead pay the full amount of accrued and unpaid interest accrued to the Interest Payment Date will be paid to holders Holders of the Securities record as of the preceding such Regular Record Date Date, and the Fundamental Change Repurchase Price payable shall be equal to 100% of the Holder surrendering the Security for repurchase principal amount of Notes to be repurchased pursuant to this Article 3 15. The Fundamental Change Repurchase Date shall be equal to the principal amount of Securities subject to repurchase and will not include any accrued and unpaid interest. Repurchases postponement solely in order to permit the Company to comply with applicable law as a result of Securities changes to such applicable law affecting the Company’s obligations under this Section 3.01 shall be made, at Article 15 occurring after the option date of the Holder thereof, upon:this Indenture.

Appears in 1 contract

Samples: Indenture (Palo Alto Networks Inc)

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change occurs at any time prior to the Maturity Date, then each Holder shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s SecuritiesNotes, or any portion of the principal amount thereof that is equal to $1,000 or an integral multiple of $1,000 principal amount1,000, on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 Business Days and not or more than 35 Business Days after calendar days following the date of the Fundamental Change Company Notice at a repurchase price equal to 100% of the principal amount thereof, together with plus accrued and unpaid interest interest, if any, thereon to, but excluding, the relevant Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), unless the such Fundamental Change Repurchase Date is falls after a Regular Record Date and on or prior to the related corresponding Interest Payment Date, in which case the Company shall instead pay the full amount of accrued and unpaid interest accrued to the payable on such Interest Payment Date will be paid to holders Holders of record at the Securities close of business as of the preceding such Regular Record Date Date, and the relevant Fundamental Change Repurchase Price payable shall be equal to 100% of the Holder surrendering the Security for repurchase principal amount of Notes to be repurchased pursuant to this Article 3 15. The Fundamental Change Repurchase Date shall be equal to the principal amount of Securities subject to repurchase and will not include any accrued and unpaid interest. Repurchases postponement in order to allow the Company to comply with applicable law as a result of Securities under changes to such applicable law occurring after the date of this Section 3.01 shall be made, at the option of the Holder thereof, upon:Indenture.

Appears in 1 contract

Samples: Indenture (Teladoc, Inc.)

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change occurs at any time prior to the Maturity Datetime, then each Holder shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s SecuritiesNotes, or any portion thereof that is an in denominations of US$200,000 principal amount and integral multiple multiples of $US$1,000 principal amountin excess thereof, on the date Business Day (the “Fundamental Change Repurchase Date”) specified notified in writing by the Company as set forth in Section 15.02(b) (Repurchase at Option of Holders Upon a Fundamental Change) that is not less than 20 Business Days and not or more than 35 Business Days after following the date of the Fundamental Change Company Notice at a repurchase price equal to 100% of the principal amount thereof, together with plus accrued and unpaid interest thereon to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), unless the Fundamental Change Repurchase Date is falls after a Regular Record Date and but on or prior to the related Interest Payment DateDate to which such Regular Record Date relates, in which case interest accrued to the Company shall instead pay on such Interest Payment Date will be paid the full amount of accrued and unpaid interest to holders Holders of the Securities record as of the preceding such Regular Record Date Date, and the Fundamental Change Repurchase Price payable shall be equal to 100% of the Holder surrendering the Security for repurchase principal amount of Notes to be repurchased pursuant to this Article 3 15. The Trustee and any other Conversion Agent, Paying Agent (or any other agent appointed for such purposes) shall be equal have no responsibility to determine the principal amount of Securities subject to repurchase and will not include any accrued and unpaid interest. Repurchases of Securities under this Section 3.01 shall be made, at the option of the Holder thereof, upon:Fundamental Change Repurchase Price.

Appears in 1 contract

Samples: Indenture (GDS Holdings LTD)

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change occurs at any time prior to the Maturity Date, then each Holder shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s SecuritiesNotes, or any portion thereof that is equal to minimum denominations of $1,000 or an integral multiple of $1,000 principal amount1,000, on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 Business Days and not calendar days or more than 35 Business Days after calendar days following the date of the Fundamental Change Company Notice at a repurchase price equal to 100% of the principal amount thereof, together with plus accrued and unpaid interest thereon to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), unless the Fundamental Change Repurchase Date is falls after a Regular Record Date and but on or prior to the related Interest Payment DateDate to which such Regular Record Date relates, in which case the Company shall instead pay the full amount of accrued and unpaid interest accrued to the Interest Payment Date will be paid to holders Holders of the Securities record as of the preceding such Regular Record Date Date, and the Fundamental Change Repurchase Price payable to the Holder surrendering the Security for repurchase pursuant to this Article 3 shall be equal to 100% of the principal amount of Securities subject Notes to repurchase and will be repurchased pursuant to this ‎Article 15; provided that the Company shall not include any accrued and unpaid interest. Repurchases of Securities under this Section 3.01 shall be maderequired to repurchase, or to make an offer to repurchase, the Notes upon a Fundamental Change if a third party makes such an offer in the same manner, at the option of same time and otherwise in compliance with the Holder thereofrequirements for an offer made by the Company as set forth in this Section 15.02 and such third party purchases all Notes properly surrendered and not validly withdrawn under its offer in the same manner, upon:at the same time and otherwise in compliance with the requirements for an offer made by the Company as set forth in this Section 15.02.

Appears in 1 contract

Samples: Granite Construction Incorporated and Wilmington Trust (Granite Construction Inc)

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change occurs at any time prior to the Maturity Date, then each Holder shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s SecuritiesNotes, or any portion thereof that is equal to $1,000 or an integral multiple of $1,000 principal amount1,000, on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 Business Days and not or more than 35 Business Days after following the date of the Fundamental Change Company Notice Notice, at a repurchase price equal to 100% of the principal amount thereof, together with plus accrued and unpaid interest thereon to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), unless the Fundamental Change Repurchase Date is falls after a Regular Record Date and but on or prior to the related Interest Payment DateDate to which such Regular Record Date relates, in which case the Company shall instead pay the full amount of accrued and unpaid interest accrued (to, but not including, such Interest Payment Date) to the Interest Payment Date will be paid to holders Holders of the Securities record as of the preceding such Regular Record Date Date, and the Fundamental Change Repurchase Price payable shall be equal to 100% of the Holder surrendering the Security for repurchase principal amount of Notes to be repurchased pursuant to this Article 3 15. Any Notes so repurchased by the Company shall be equal to the principal amount of Securities paid for in cash. The Fundamental Change Repurchase Date shall be subject to repurchase and will not include any accrued and unpaid interest. Repurchases postponement in order to allow the Company to comply with applicable law as a result of Securities under changes to such applicable law occurring after the date of this Section 3.01 shall be made, at the option of the Holder thereof, upon:Indenture.

Appears in 1 contract

Samples: Indenture (Tpi Composites, Inc)

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change occurs at any time prior to the Maturity Date, then each Holder shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s SecuritiesNotes, or any portion of the principal amount thereof that is equal to $1,000 or an integral multiple of $1,000 principal amount1,000, on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 Business Days and not or more than 35 Business Days after calendar days following the date of the Fundamental Change Company Notice at a repurchase price equal to 100% of the principal amount thereof, together with plus accrued and unpaid interest interest, if any, thereon to, but excluding, the relevant Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), unless the such Fundamental Change Repurchase Date is falls after a Regular Record Date and on or prior to the related corresponding Interest Payment Date, in which case the Company shall instead pay the full amount of accrued and unpaid interest accrued to the payable on such Interest Payment Date will be paid to holders Holders of record at the Securities close of business as of the preceding such Regular Record Date Date, and the relevant Fundamental Change Repurchase Price payable shall be equal to 100% of the Holder surrendering the Security for repurchase principal amount of Notes to be repurchased pursuant to this Article 3 15. The Fundamental Change Repurchase Date shall be equal to the principal amount of Securities subject to repurchase and will not include any accrued and unpaid interest. Repurchases postponement in order to allow the Company to comply with applicable law as a result of Securities under changes to such applicable law occurring after the date of this Section 3.01 shall be made, at the option of the Holder thereof, upon:Indenture

Appears in 1 contract

Samples: Indenture (Teladoc, Inc.)

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change occurs at any time prior to the Maturity Date, then each Holder shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s SecuritiesNotes, or any portion of the principal amount thereof that is equal to $1,000 or an integral multiple of $1,000 principal amount1,000, on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 Business Days and not or more than 35 Business Days after calendar days following the date of the Fundamental Change Company Notice at a repurchase price equal to 100% of the principal amount thereof, together with plus accrued and unpaid interest interest, if any, thereon to, but excluding, the relevant Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), unless the such Fundamental Change Repurchase Date is falls after a Regular Record Date and on or prior to the related corresponding Interest Payment Date, in which case the Company shall instead pay the full amount of accrued and unpaid interest accrued to the payable on such Interest Payment Date will be paid to holders Holders of record at the Securities close of business as of the preceding such Regular Record Date Date, and the relevant Fundamental Change Repurchase Price payable to the Holder surrendering the Security for repurchase pursuant to this Article 3 shall be equal to 100% of the principal amount of Securities Notes to be repurchased pursuant to this ‎Article 15. The Fundamental Change Repurchase Date shall be subject to repurchase and will not include any accrued and unpaid interest. Repurchases postponement in order to allow the Company to comply with applicable law as a result of Securities under changes to such applicable law occurring after the date of this Section 3.01 shall be made, at the option of the Holder thereof, upon:Indenture.

Appears in 1 contract

Samples: Indenture (Teladoc Health, Inc.)

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur In the event a Fundamental Change shall occur at any time prior to the Maturity Datewhen any Notes remain outstanding, then each Holder Noteholder shall have the right, at such Holderholder’s option, to require the Company to repurchase for cash purchase all of such Holder’s Securities, holders’ Notes or any portion of the principal amount thereof that is equal to $1,000 or an integral multiple of $1,000 principal amount, thereof on a date specified by the date Company (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 Business Days and not nor more than 35 Business Days (or any longer period required by law) after the date on which the Company gives the notice of the such Fundamental Change Company Notice pursuant to clause (b) below, at a repurchase purchase price in cash equal to 100% of the principal amount thereof, together with accrued and unpaid interest thereon to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), unless the . If such Fundamental Change Repurchase Date is falls after a Regular Interest Record Date and on or prior to the related corresponding Interest Payment Date, in which case interest accrued the Company shall instead pay the principal amount to the Interest Payment Date will be paid to holders of the Securities as of the preceding Regular Record Date and the Fundamental Change Repurchase Price payable to the Holder Noteholders surrendering the Security Notes for repurchase pursuant to this Article 3 shall be equal to Section 9.01, and pay the principal full amount of Securities subject to repurchase and will not include any accrued and unpaid interestinterest payable on such Interest Payment Date to the holder of record on the close of business on the corresponding Interest Record Date. Repurchases of Securities Notes under this Section 3.01 9.01 shall be mademade on the Fundamental Change Repurchase Date, at the option of the Holder holder thereof, upon:

Appears in 1 contract

Samples: Sixth Supplemental Indenture (Bristow Group Inc)

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change at any time prior to the Maturity Date, then each Holder Noteholder shall have the right, at such Holderholder’s option, to require the Company to repurchase for cash all of such Holderholder’s SecuritiesNotes, or any portion thereof that is an integral multiple of $1,000 principal amount, on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 twenty Business Days and not more than 35 forty-five Business Days after the date of the Fundamental Change Company Notice (as defined below) at a repurchase price equal to 100% of the principal amount thereof, together with accrued and unpaid interest interest, including accrued and unpaid Contingent Interest, if any, and accrued and unpaid Additional Interest, if any, thereon to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), unless the Fundamental Change Repurchase Date is after a Regular an Interest Record Date and on or prior to the related Interest Payment Date, in which case interest accrued to the Interest Payment Date will be paid to holders of the Securities Notes as of the preceding Regular such Interest Record Date and the Fundamental Change Repurchase Price payable to the Holder holder surrendering the Security Note for repurchase pursuant to this Article 3 shall be equal to the principal amount of Securities subject to repurchase and will not include any accrued and unpaid interest. Repurchases of Securities under this Section 3.01 shall be made, at the option of the Holder thereof, upon:this

Appears in 1 contract

Samples: Indenture (Affiliated Managers Group Inc)

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change occurs at any time prior to the Maturity Date, then each Holder shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s SecuritiesNotes, or any portion thereof that is equal to $1,000 or an integral multiple of $1,000 principal amount1,000, on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 Business Days and not or more than 35 Business Days after following the date of the Fundamental Change Company Notice at a repurchase price equal to 100% of the principal amount thereof, together with plus any accrued and unpaid interest Special Interest thereon to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), unless the Fundamental Change Repurchase Date is falls after a Regular Special Interest Record Date and but on or prior to the related Special Interest Payment DateDate to which such Special Interest Record Date relates, in which case interest the Company shall instead pay the full amount of any accrued and unpaid Special Interest to the Interest Payment Date will be paid to holders Holders of the Securities record as of the preceding Regular such Special Interest Record Date Date, and the Fundamental Change Repurchase Price payable shall be equal to 100% of the Holder surrendering the Security for repurchase principal amount of Notes to be repurchased pursuant to this Article 3 shall be equal 15. To the extent that the provisions of any securities laws or regulations conflict with the provisions of the Notes and this Indenture relating to the principal amount Company’s obligation to purchase Notes upon a Fundamental Change, the Company shall comply with the applicable securities laws and regulations and shall not be deemed to have breached its obligation under the provisions of Securities subject to repurchase and will not include any accrued and unpaid interest. Repurchases this Indenture by virtue of Securities under this Section 3.01 shall be made, at the option of the Holder thereof, upon:such conflict.

Appears in 1 contract

Samples: Microstrategy Incorporated (MICROSTRATEGY Inc)

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change at any time prior to maturity of the Maturity DateNotes, then each Holder shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s SecuritiesNotes, or any portion thereof that is an integral a multiple of $1,000 original principal amount, on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 Business twenty (20) Trading Days from and not more than 35 Business Days after including the date of the Fundamental Change Company Notice with respect to such Fundamental Change at a repurchase price equal to 100% of the principal amount Accreted Principal Amount thereof, together with accrued and unpaid interest thereon cash interest, including contingent interest, if any, to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”)payable in cash, unless the plus a Make Whole Premium, if any; provided that if such Fundamental Change Repurchase Date is after a Regular Record Date and an interest payment date, then the interest payable on or prior to the related Interest Payment Date, in which case such interest accrued to the Interest Payment Date will payment date shall be paid to the holders of the Securities as record of the preceding Regular Record Date and Notes on the Fundamental Change Repurchase Price payable applicable record date instead of the holders surrendering the Notes for repurchase on such date. Upon presentation of any Note to be repurchased in part only, the Company shall execute and, upon the Company’s written direction to the Holder surrendering Trustee, the Security Trustee shall authenticate and make available for repurchase pursuant delivery to this Article 3 shall be equal to the principal amount of Securities subject to repurchase and will not include any accrued and unpaid interest. Repurchases of Securities under this Section 3.01 shall be made, at the option of the Holder thereof, upon:at the expense of the Company, a new Note or Notes, of authorized denominations of $1,000 original principal amount or multiples thereof, in aggregate principal amount equal to the portion of the Notes presented not to be repurchased.

Appears in 1 contract

Samples: Fourth Supplemental Indenture (Providian Financial Corp)

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change occurs at any time prior to the Maturity Date, then each Holder shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s SecuritiesNotes, or any portion thereof that is equal to $1,000 or an integral multiple of $1,000 principal amount1,000, on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 Business Days and not calendar days or more than 35 Business Days after calendar days following the date of the Fundamental Change Company Notice at a repurchase price equal to 100% of the principal amount thereof, together with plus any accrued and unpaid interest Special Interest thereon to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), unless the Fundamental Change Repurchase Date is falls after a Regular Special Interest Record Date and but on or prior to the related Special Interest Payment DateDate to which such Special Interest Record Date relates, in which case interest the Company shall instead pay the full amount of any accrued and unpaid Special Interest to the Interest Payment Date will be paid to holders Holders of the Securities record as of the preceding Regular such Special Interest Record Date Date, and the Fundamental Change Repurchase Price payable shall be equal to 100% of the Holder surrendering the Security for repurchase principal amount of Notes to be repurchased pursuant to this Article 3 shall be equal to the principal amount of Securities subject to repurchase and will not include any accrued and unpaid interest. Repurchases of Securities under this Section 3.01 shall be made, at the option of the Holder thereof, upon:15.

Appears in 1 contract

Samples: Indenture (Zynga Inc)

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change occurs at any time prior to the Maturity Date, then each Holder shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s SecuritiesNotes, or any portion of the principal amount thereof properly surrendered and not validly withdrawn pursuant to Section 13.03 that is equal to $1,000 or an integral multiple of $1,000 principal amount1.00 (or if a PIK Payment has been made a minimum of $1.00 or an integral multiple of $1.00), on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 twenty (20) Business Days and not or more than 35 thirty-five (35) Business Days after following the date of the Fundamental Change Company Notice at a repurchase price equal to 100101.0% of the principal amount thereof, together with plus accrued and unpaid interest thereon tothereon, if any, to but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), unless the Fundamental Change Repurchase Date is falls after a Regular Record Date and but on or prior to the related Interest Payment DateDate to which such Regular Record Date relates, in which case the Company shall instead pay the full amount of accrued and unpaid interest accrued to the (to, but excluding, such Interest Payment Date will be paid Date) to holders Holders of the Securities record as of the preceding such Regular Record Date Date, and the Fundamental Change Repurchase Price payable shall be equal to 100.0% of the Holder surrendering the Security for repurchase principal amount of Notes to be repurchased pursuant to this Article 3 13. The Fundamental Change Repurchase Date shall be equal to the principal amount of Securities subject to repurchase and will not include any accrued and unpaid interest. Repurchases of Securities under this Section 3.01 shall be made, at postponement in order to allow the option of the Holder thereof, upon:Company to comply with applicable law.

Appears in 1 contract

Samples: Indenture (Selina Hospitality PLC)

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change occurs at any time prior to the Maturity Datetime, then each Holder shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s SecuritiesNotes, or any portion thereof that is equal to $1,000 or an integral multiple of $1,000 principal amount1,000, on the date (the “Fundamental Change Repurchase Date”) specified notified in writing by the Company as set forth in Section 15.02(b) that is not less than 20 Business Days and not or more than 35 Business Days after following the date of the Fundamental Change Company Notice at a repurchase price equal to 100% of the principal amount thereof, together with plus accrued and unpaid interest thereon to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), unless the Fundamental Change Repurchase Date is falls after a Regular Record Date and but on or prior to the related Interest Payment DateDate to which such Regular Record Date relates, in which case interest accrued to the Company shall instead pay on such Interest Payment Date will be paid the full amount of accrued and unpaid interest to holders Holders of the Securities record as of the preceding such Regular Record Date Date, and the Fundamental Change Repurchase Price payable shall be equal to 100% of the Holder surrendering the Security for repurchase principal amount of Notes to be repurchased pursuant to this Article 3 15. The Trustee and any other Conversion Agent, Paying Agent or any other agent appointed for such purposes shall be equal have no responsibility to determine the principal amount of Securities subject to repurchase and will not include any accrued and unpaid interest. Repurchases of Securities under this Section 3.01 shall be made, at the option of the Holder thereof, upon:Fundamental Change Repurchase Price.

Appears in 1 contract

Samples: Indenture (China Lodging Group, LTD)

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change occurs at any time prior to the Maturity Datetime, then each Holder Noteholder shall have the right, at such Holderholder’s option, to require the Company to repurchase for cash all of such Holderholder’s Securities, Notes or any portion thereof that is an integral a multiple of $1,000 principal amount, for cash on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 twenty (20) Business Days and not more than 35 thirty-five (35) Business Days after the date of the Fundamental Change Company Notice (as defined below) at a repurchase price equal to 100% of the principal amount thereof, together with accrued and unpaid interest thereon to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), unless the Fundamental Change Repurchase Date is after a Regular regular Record Date and on or prior to the related Interest Payment DateDate to which it relates, in which case interest accrued to the Interest Payment Date will be paid to holders holder of the Securities Notes as of the preceding Regular Record Date and the Fundamental Change Repurchase Price payable price the Company is required to pay to the Holder holder surrendering the Security Note for repurchase pursuant to this Article 3 shall will be equal to the principal amount of Securities the Notes subject to repurchase and will not include any accrued and unpaid interestrepurchase) (the “Fundamental Change Repurchase Price”). Repurchases of Securities Notes under this Section 3.01 9.01 shall be made, at the option of the Holder holder thereof, upon:

Appears in 1 contract

Samples: Boston Properties LTD Partnership

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change (other than an Exempted Fundamental Change) occurs at any time prior to the Maturity Datetime, then each Holder shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s SecuritiesNotes, or any portion of the principal amount thereof that is equal to $1,000 or an integral multiple of $1,000 principal amount1,000, on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 Business Days and not or more than 35 Business Days after following the date of the Fundamental Change Company Notice at a repurchase price equal to 100% of the principal amount thereof, together with plus accrued and unpaid interest thereon thereon, if any, to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), unless the Fundamental Change Repurchase Date is falls after a Regular Record Date and but on or prior to the related Interest Payment DateDate to which such Regular Record Date relates, in which case the Company shall instead pay the full amount of accrued and unpaid interest accrued to the (to, but excluding, such Interest Payment Date will be paid Date) to holders Holders of the Securities record as of the preceding such Regular Record Date Date, and the Fundamental Change Repurchase Price payable shall be equal to 100% of the Holder surrendering the Security for repurchase principal amount of Notes to be repurchased pursuant to this Article 3 15. The Fundamental Change Repurchase Date shall be equal to the principal amount of Securities subject to repurchase and will not include any accrued and unpaid interest. Repurchases of Securities under this Section 3.01 shall be made, at postponement in order to allow the option of the Holder thereof, upon:Company to comply with applicable law.

Appears in 1 contract

Samples: Zendesk (Zendesk, Inc.)

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change occurs at any time prior to the Maturity Date, then each Holder shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s SecuritiesNotes, or any portion of the principal amount thereof properly surrendered and not validly withdrawn pursuant to Section 15.03 that is an integral equal to $1,000 or a multiple of $1,000 principal amount1,000, on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 Business Days and not or more than 35 Business Days after following the date of the Fundamental Change Company Notice at a repurchase price equal to 100% of the aggregate principal amount thereof, together with plus any accrued and unpaid interest Special Interest thereon to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), unless the Fundamental Change Repurchase Date is falls after a Regular Special Interest Record Date and but on or prior to the related Special Interest Payment DateDate to which such Special Interest Record Date relates, in which case interest the Company shall instead pay the full amount of any accrued and unpaid Special Interest to the Interest Payment Date will be paid to holders Holder of the Securities record as of the preceding Regular such Special Interest Record Date Date, and the Fundamental Change Repurchase Price payable shall be equal to 100% of the Holder surrendering the Security for repurchase aggregate principal amount of Notes to be repurchased pursuant to this Article 3 15. Any Notes so repurchased by the Company shall be equal to the principal amount of Securities subject to repurchase and will not include any accrued and unpaid interestpaid for in cash. 122. Repurchases of Securities Notes under this Section 3.01 15.02 shall be made, at the option of the Holder thereof, upon:

Appears in 1 contract

Samples: Indenture (Liveperson Inc)

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change at any time prior to the Maturity Date, then each Holder Noteholder shall have the right, at such Holderholder’s option, to require the Company to repurchase for cash all of such Holderholder’s SecuritiesNotes, or any portion thereof that is an integral multiple of $1,000 principal amount, on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 twenty Business Days and not more than 35 forty-five Business Days after the date of the Fundamental Change Company Notice (as defined below) at a repurchase price equal to 100% of the principal amount thereof, together with accrued and unpaid interest interest, including accrued and unpaid Contingent Interest, if any, and accrued and unpaid Additional Interest, if any, thereon to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), unless the Fundamental Change Repurchase Date is after a Regular an Interest Record Date and on or prior to the related Interest Payment Date, in which case interest accrued to the Interest Payment Date will be paid to holders of the Securities Notes as of the preceding Regular such Interest Record Date and the Fundamental Change Repurchase Price payable to the Holder holder surrendering the Security Note for repurchase pursuant to this Article 3 Section 16.04 shall be equal to 100% of the principal amount of Securities the Notes subject to repurchase and will not include any accrued and unpaid interestrepurchase. Repurchases of Securities Notes under this Section 3.01 16.04 shall be made, at the option of the Holder holder thereof, upon:

Appears in 1 contract

Samples: Synnex Corp

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change (other than an Exempted Fundamental Change) occurs at any time prior to the Maturity Datetime, then each Holder shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s SecuritiesNotes, or any portion thereof that is equal to $1,000 or an integral multiple of $1,000 principal amount1,000, on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 Business Days and not calendar days or more than 35 Business Days after calendar days following the date of the Fundamental Change Company Notice at a repurchase price equal to 100% of the principal amount thereof, together with plus accrued and unpaid interest thereon to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), unless the Fundamental Change Repurchase Date is falls after a Regular Record Date and but on or prior to the related Interest Payment DateDate to which such Regular Record Date relates, in which case the Company shall instead pay the full amount of accrued and unpaid interest accrued to the Interest Payment Date will be paid to holders Holders of the Securities record as of the preceding such Regular Record Date Date, and the Fundamental Change Repurchase Price payable shall be equal to 100% of the Holder surrendering the Security for repurchase principal amount of Notes to be repurchased pursuant to this Article 3 15. The Fundamental Change Repurchase Date shall be equal to the principal amount of Securities subject to repurchase and will not include any accrued and unpaid interestpostponement in order to allow the Company to comply with applicable law. Exhibit 4.1 (b) Repurchases of Securities Notes under this Section 3.01 15.02 shall be made, at the option of the Holder thereof, upon:

Appears in 1 contract

Samples: Indenture (Parsons Corp)

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Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change at any time prior to the Final Maturity Date, then each Holder shall have the right, at such Holder’s 's option, to require the Company to repurchase for cash all of such Holder’s 's Securities, or any portion thereof that is an integral multiple of $1,000 principal amount, on the a date (the “Fundamental Change Repurchase Date”) specified by the Company that is not "FUNDAMENTAL CHANGE REPURCHASE DATE"), which shall be no less than 20 Business Days and not 30 days nor more than 35 Business Days 60 days after the date of the Fundamental Change Company Notice Repurchase Notice, at a repurchase price equal to 100% of the principal amount thereofof the Securities, together with plus accrued and unpaid interest thereon tointerest, if any, to but excluding, excluding the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”"FUNDAMENTAL CHANGE REPURCHASE PRICE"), unless payable in Cash, plus a Make Whole Premium, if any, payable in Common Stock (or in the same form of consideration into which the Common Stock has been converted or exchanged into in connection with such Fundamental Change), determined as described in Article 4; provided that if the Fundamental Change Repurchase Date is falls after a Regular an Interest Payment Record Date and on or prior to before the related corresponding Interest Payment Date, in which case then the interest accrued to the due on such Interest Payment Date will shall be paid payable to holders of the Holders in whose name the Securities as are registered at the close of business on the preceding Regular relevant Interest Payment Record Date and the Fundamental Change Repurchase Price payable to the Holder surrendering the Security for repurchase pursuant to this Article 3 shall only be equal to 100% of the principal amount of the Securities subject to being repurchased (plus a Make Whole Premium, if any). Notwithstanding the foregoing, the Company may not repurchase and will not include any accrued and unpaid interest. Repurchases the Securities upon the occurrence of Securities under this Section 3.01 shall be made, at a Fundamental Change if the option principal amount of the Holder thereof, upon:Securities has been accelerated and such acceleration has not been rescinded on or prior to the Fundamental Change Repurchase Date.

Appears in 1 contract

Samples: Century Aluminum Co

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change (as defined in Section 1.08(f) below) occurs at any time prior to the Maturity Date, then each Holder shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s Securities, Notes or any portion thereof that is an integral a multiple of $1,000 principal amount, for cash on or after the Close of Business on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 Business Days twenty (20) calendar days and not more than 35 Business Days thirty-five (35) calendar days after the date of the Fundamental Change Company Notice (as defined below) at a repurchase price equal to 100% of the principal amount thereof, together with accrued and unpaid interest thereon (including Additional Interest, if any) to, but excluding, the Fundamental Change Repurchase Date (collectively, the “Fundamental Change Repurchase Price”). Notwithstanding the foregoing, unless if the Fundamental Change Repurchase Date is after a Regular Record Date and on or prior to the related corresponding Interest Payment Date, in which case the accrued and unpaid interest accrued to the (including Additional Interest Payment Date and Filing Additional Interest, if any) will be paid to holders of the Securities as of the preceding Regular Record Date and on the Fundamental Change Repurchase Price payable Date to the Holder surrendering of record on the Security for repurchase pursuant to this Article 3 shall be equal to the principal amount of Securities subject to repurchase and will not include any accrued and unpaid interestRecord Date. Repurchases of Securities Notes under this Section 3.01 1.08 shall be made, at the option of the Holder thereof, upon:

Appears in 1 contract

Samples: Supplemental Indenture (Prospect Capital Corp)

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change at any time prior to the Maturity Date, then each Holder Noteholder shall have the right, at such Holderholder’s option, to require the Company to repurchase for cash all of such Holderholder’s SecuritiesNotes for cash, or any portion thereof that is an integral multiple of $1,000 principal amount, on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 Business Days twenty calendar days and not more than 35 Business Days thirty-five calendar days after the date of the Fundamental Change Company Notice (as defined below) at a repurchase price equal to 100% of the principal amount thereof, together with accrued and unpaid interest interest, including unpaid Additional Interest, if any, thereon to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), unless the . If such Fundamental Change Repurchase Date is falls after a Regular Interest Record Date and on or prior to the related corresponding Interest Payment Date, in which case interest accrued the Company shall instead pay the principal amount to the Interest Payment Date will be paid to holders of the Securities as of the preceding Regular Record Date and the Fundamental Change Repurchase Price payable to the Holder Noteholders surrendering the Security Notes for repurchase pursuant to this Article 3 shall be equal to Section 9.02, and pay the principal full amount of Securities subject to repurchase and will not include any accrued and unpaid interest, including accrued and unpaid Additional Interest, if any, payable on such Interest Payment Date to the holder of record on the close of business on the corresponding Interest Record Date. Repurchases of Securities Notes under this Section 3.01 9.02 shall be made, at the option of the Holder holder thereof, upon:

Appears in 1 contract

Samples: Indenture (Champion Enterprises Inc)

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change occurs at any time prior to the Maturity Date, then each Holder shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s SecuritiesNotes, or any portion of the principal amount thereof properly surrendered and not validly withdrawn pursuant to Section 15.03 that is an integral equal to $1,000 or a multiple of $1,000 principal amount, on the 1,000. The date of such repurchase (the “Fundamental Change Repurchase Date”) shall be specified by the Company that is not less than 20 Business Days and not or more than 35 Business Days after following the date of the Fundamental Change Company Notice at a repurchase price equal to 100% of the principal amount thereof, together with plus accrued and unpaid interest thereon to, but excluding, the Fundamental Change Repurchase Xxxxxxxxxxx Xxxxxx Xxxxxxxxxx Date (the “Fundamental Change Repurchase Price”), unless the Fundamental Change Repurchase Date is falls after a Regular Record Date and but on or prior to the related Interest Payment DateDate to which such Regular Record Date relates, in which case the Company shall instead pay the full amount of accrued and unpaid interest accrued (to, but not including Interest Payment Date) to the Interest Payment Date will be paid to holders Holder of the Securities record as of the preceding such Regular Record Date Date, and the Fundamental Change Repurchase Price payable shall be equal to 100% of the Holder surrendering the Security for repurchase principal amount of Notes to be repurchased pursuant to this Article 3 15. Any Notes so repurchased by the Company shall be equal to the principal amount of Securities paid for in cash. The Fundamental Change Repurchase Date shall be subject to repurchase and will not include any accrued and unpaid interest. Repurchases postponement in order to allow the Company to comply with applicable law as a result of Securities under this Section 3.01 shall be made, at changes to such applicable law occurring after the option date of the Holder thereof, upon:Indenture.

Appears in 1 contract

Samples: Indenture (Plug Power Inc)

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change occurs at any time prior to the Maturity Datetime, then each Holder shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s SecuritiesNotes, or any portion thereof that is equal to $1,000 or an integral multiple of $1,000 principal amount1,000, on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not no less than 20 Business Days and not no more than 35 Business Days after the date of the Fundamental Change Company Notice at a repurchase price equal to 100% of the principal amount thereof, together with plus any accrued and unpaid interest thereon to, but excludingnot including, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), unless the Fundamental Change Repurchase Date is falls after a Regular Record Date and but on or prior to the related immediately succeeding Interest Payment Date to which such Regular Record Date relates, in which case the Company shall instead pay, on or, at the Company’s election, before such Interest Payment Date, in which case the full amount of such accrued and unpaid interest accrued to the due on such Interest Payment Date will be paid to holders Holders of the Securities record as of the preceding close of business on such Regular Record Date Date, and the Fundamental Change Repurchase Price payable shall be equal to 100% of the Holder surrendering the Security for repurchase principal amount of Notes to be repurchased pursuant to this Article 3 14. The Fundamental Change Repurchase Date shall be equal to the principal amount of Securities subject to repurchase and will not include postponement in order to allow the Company to comply with any accrued and unpaid interest. Repurchases change in applicable law after the date of Securities under this Section 3.01 shall be made, at the option of the Holder thereof, upon:Indenture.

Appears in 1 contract

Samples: Bread Financial Holdings, Inc.

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change occurs at any time prior to the Maturity Datetime, then each Holder shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s SecuritiesNotes, or any portion thereof that is an in denominations of US$200,000 principal amount and integral multiple multiples of $US$1,000 principal amountin excess thereof, on the date Business Day (the “Fundamental Change Repurchase Date”) specified notified in writing by the Company as set forth in Section 15.02(b) (Repurchase at Option of Holders Upon a Fundamental Change) that is not less than 20 Business Days and not or more than 35 Business Days after following the date of the Fundamental Change Company Notice at a repurchase price equal to 100% of the principal amount thereof, together with plus accrued and unpaid interest thereon to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), unless the Fundamental Change Repurchase Date is falls after a Regular Record Date and but on or prior to the related Interest Payment DateDate to which such Regular Record Date relates, in which case interest accrued to the Company shall instead pay on such Interest Payment Date will be paid the full amount of accrued and unpaid interest to holders Holders of the Securities record as of the preceding such Regular Record Date Date, and the Fundamental Change Repurchase Price payable shall be equal to 100% of the Holder surrendering the Security for repurchase principal amount of Notes to be repurchased pursuant to this Article 3 15. The Trustee and any other Conversion Agent, Paying Agent or any other agent appointed for such purposes shall be equal have no responsibility to determine the principal amount of Securities subject to repurchase and will not include any accrued and unpaid interest. Repurchases of Securities under this Section 3.01 shall be made, at the option of the Holder thereof, upon:Fundamental Change Repurchase Price.

Appears in 1 contract

Samples: GDS Holdings LTD

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change at any time prior to the Maturity Date, then each Holder shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s SecuritiesNotes, or any portion thereof that is an integral a multiple of $1,000 principal amount, on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 Business Days and not more than 35 Business Days after the date of the Fundamental Change Company Notice at a repurchase price equal to 100% of the principal amount thereofof the Notes to be repurchased, together with accrued and unpaid interest Special Interest, if any, thereon to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), unless the Fundamental Change Repurchase Date is after a Regular Special Interest Record Date and on or prior to the related immediately succeeding Special Interest Payment Date, in which case interest any Special Interest accrued to the Special Interest Payment Date will be paid to holders Holders of the Securities Notes as of the immediately preceding Regular Special Interest Record Date and the Fundamental Change Repurchase Price payable to the Holder surrendering the Security Note for repurchase pursuant to this Article 3 Section 15.02 shall be equal to the principal amount of Securities Notes subject to repurchase and will not include any accrued and unpaid interestrepurchase. Repurchases of Securities under this Section 3.01 The Fundamental Change Repurchase Date shall be made, at subject to postponement to comply with applicable tender offer rules under the option of the Holder thereof, upon:Exchange Act.

Appears in 1 contract

Samples: Indenture (Expedia Group, Inc.)

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change occurs at any time prior to the Maturity Date, then each Holder shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s SecuritiesNotes, or any portion of the principal amount thereof that is equal to $1,000 or an integral multiple of $1,000 principal amount1,000, on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 Business Days and not calendar days or more than 35 Business Days after calendar days following the date of the Fundamental Change Company Notice at a repurchase price equal to 100% of the aggregate principal amount thereof, together with plus accrued and unpaid interest thereon thereon, if any, to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), unless the Fundamental Change Repurchase Date is falls after a Regular Record Date and but on or prior to the related Interest Payment DateDate to which such Regular Record Date relates, in which case the Company shall instead pay the full amount of accrued and unpaid interest accrued to the Interest Payment Date will be paid to holders Holders of the Securities record as of the preceding close of business on such Regular Record Date Date, and the Fundamental Change Repurchase Price payable shall be equal to 100% of the Holder surrendering the Security for repurchase aggregate principal amount of Notes to be repurchased pursuant to this Article 3 15. The Fundamental Change Repurchase Date shall be equal subject to postponement, without penalty to the principal amount Company, in order to allow the Company to comply with applicable law as a result of Securities subject any changes to repurchase and will not include any accrued and unpaid interest. Repurchases of Securities under this Section 3.01 shall be made, at such applicable law occurring after the option of the Holder thereof, upon:date hereof.

Appears in 1 contract

Samples: Indenture (Vonage Holdings Corp)

Repurchase at Option of Holders Upon a Fundamental Change. (am) If there shall occur a Fundamental Change occurs at any time prior to the Maturity Date, then each Holder Noteholder shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s Securities, Notes or any portion thereof that is an integral a multiple of $1,000 principal amount, for cash on or after the Close of Business on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 Business Days twenty (20) calendar days and not more than 35 Business Days thirty-five (35) calendar days after the date of the Fundamental Change Company Notice (as defined below) at a repurchase price equal to 100% of the principal amount thereof, together with accrued and unpaid interest thereon (including Additional Interest and Filing Additional Interest, if any) to, but excluding, the Fundamental Change Repurchase Date (collectively, the “Fundamental Change Repurchase Price”). Notwithstanding the foregoing, unless if the Fundamental Change Repurchase Date is after a Regular Record Date and on or prior to the related corresponding Interest Payment Date, in which case the accrued and unpaid interest accrued to the (including Additional Interest Payment Date and Filing Additional Interest, if any) will be paid to holders of the Securities as of the preceding Regular Record Date and on the Fundamental Change Repurchase Price payable Date to the Holder surrendering of record on the Security for repurchase pursuant to this Article 3 shall be equal to the principal amount of Securities subject to repurchase and will not include any accrued and unpaid interestRecord Date. Repurchases of Securities Notes under this Section 3.01 11.01 shall be made, at the option of the Holder thereof, upon:

Appears in 1 contract

Samples: Prospect Capital Corp

Repurchase at Option of Holders Upon a Fundamental Change. (a) . (a) If there shall occur a Fundamental Change occurs at any time prior to the Maturity Datetime, then each Holder shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s SecuritiesNotes, or any portion of the principal amount thereof that is equal to $1,000 or an integral multiple of $1,000 principal amount1,000, on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 Business Days and not or more than 35 Business Days after following the date of the Fundamental Change Company Notice at a repurchase price equal to 100% of the principal amount thereof, together with plus any accrued and unpaid interest Special Interest thereon to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), unless the Fundamental Change Repurchase Date is falls after a Regular Special Interest Record Date and but on or prior to the related Special Interest Payment DateDate to which such Special Interest Record Date relates, in which case interest the Company shall instead pay the full amount of any accrued to the and unpaid Special Interest (to, but excluding, such Special Interest Payment Date will be paid Date) to holders Holders of the Securities record as of the preceding Regular such Special Interest Record Date Date, and the Fundamental Change Repurchase Price payable shall be equal to 100% of the Holder surrendering the Security for repurchase principal amount of Notes to be repurchased pursuant to this Article 3 15. The Fundamental Change Repurchase Date shall be equal to the principal amount of Securities subject to repurchase and will not include any accrued and unpaid interest. Repurchases of Securities under this Section 3.01 shall be made, at postponement in order to allow the option of the Holder thereof, upon:Company to comply with applicable law.

Appears in 1 contract

Samples: Indenture (Cloudflare, Inc.)

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur In the event a Fundamental Change shall occur at any time prior to the Maturity Datewhen any Notes remain outstanding, then each Holder Noteholder shall have the right, at such Holderholder’s option, to require the Company to repurchase for cash purchase all of such Holder’s Securities, holders’ Notes or any portion of the principal amount thereof that is equal to $1,000 or an integral multiple of $1,000 principal amount, thereof on a date specified by the date Company (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 Business Days and not nor more than 35 Business Days (or any longer period required by law) after the date on which the Company gives the notice of the such Fundamental Change Company Notice pursuant to clause (b) below, at a repurchase purchase price in cash equal to 100% of the principal amount thereof, together with accrued and unpaid interest thereon to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), unless the . If such Fundamental Change Repurchase Date is falls after a Regular an Interest Record Date and on or prior to the related corresponding Interest Payment Date, in which case interest accrued the Company shall instead pay the principal amount to the Interest Payment Date will be paid to holders of the Securities as of the preceding Regular Record Date and the Fundamental Change Repurchase Price payable to the Holder Noteholders surrendering the Security Notes for repurchase pursuant to this Article 3 shall be equal to Section 8.01, and pay the principal full amount of Securities subject to repurchase and will not include any accrued and unpaid interestinterest payable on such Interest Payment Date to the holder of record on the close of business on the corresponding Interest Record Date. Repurchases of Securities Notes under this Section 3.01 8.01 shall be mademade on the Fundamental Change Repurchase Date, at the option of the Holder holder thereof, upon:

Appears in 1 contract

Samples: First Supplemental Indenture (Ferro Corp)

Repurchase at Option of Holders Upon a Fundamental Change. (ai) If there shall occur a Fundamental Change occurs at any time prior to the Maturity Datetime, then each Holder shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s SecuritiesNotes, or any portion thereof that is equal to $1,000 or an integral multiple of $1,000 principal amount1,000, on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not no less than 20 Business Days and not no more than 35 Business Days 40 calendar days after the date of the Fundamental Change Company Notice at a repurchase price equal to 100% of the principal amount thereof, together with plus any accrued and unpaid interest thereon to, but excludingnot including, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), unless the Fundamental Change Repurchase Date is occurs after a Regular Record Date and on or prior to the related corresponding Interest Payment DateDate to which such Regular Record Date relates, in which case the Company shall instead pay the full amount of such accrued and unpaid interest accrued to no later than the relevant Interest Payment Date will be paid to holders Holders of the Securities record as of the preceding such Regular Record Date Date, and the Fundamental Change Repurchase Price payable to the Holder surrendering the Security for repurchase pursuant to this Article 3 shall be equal to 100% of the principal amount of Securities Notes to be repurchased pursuant to this ‎Article 15. The Fundamental Change Repurchase Date shall be subject to repurchase and will not include postponement in order to allow the Company to comply with any accrued and unpaid interest. Repurchases change in applicable law after the date of Securities under this Section 3.01 shall be made, at the option of the Holder thereof, upon:Indenture.

Appears in 1 contract

Samples: Indenture (Live Nation Entertainment, Inc.)

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change at any time prior to the Maturity Date, then each Holder shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s SecuritiesNotes, or any portion thereof that is an integral multiple of $1,000 principal amount, on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 Business Days twenty calendar days and not more than 35 Business Days thirty five calendar days after the date of the Fundamental Change Company Repurchase Notice (as defined below) at a repurchase price equal to 100% of the principal amount thereof, together with accrued and unpaid interest interest, including unpaid Additional Interest, if any, thereon to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), unless the Fundamental Change Repurchase Date is after a Regular an Interest Record Date and on or prior to the related Interest Payment Date, in which case interest accrued to the Interest Payment Date will be paid to holders Holders of the Securities Notes as of the preceding Regular Interest Record Date and the Fundamental Change Repurchase Price payable to the Holder surrendering the Security Note for repurchase pursuant to this Article 3 Section 1010 shall be equal to the principal amount of Securities Notes subject to repurchase and will not include any accrued and unpaid interestrepurchase. Repurchases of Securities Notes under this Section 3.01 1010(a) shall be made, at the option of the Holder thereof, upon:

Appears in 1 contract

Samples: First Supplemental Indenture (Sonic Automotive Inc)

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change at any time prior to the Maturity Date, then each Holder Noteholder shall have the right, at such Holderholder’s option, to require the Company to repurchase for cash all of such Holderholder’s SecuritiesNotes, or any portion thereof that is an integral multiple of $1,000 principal amount, on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 twenty Business Days and not more than 35 thirty five Business Days after the date of on which the Company provides the Fundamental Change Company Notice (as defined below) at a repurchase price equal to 100% of the principal amount thereof, together with accrued and unpaid interest interest, including unpaid Additional Interest, if any, thereon to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), unless the Fundamental Change Repurchase Date is after a Regular an Interest Record Date and on or prior to the related Interest Payment Date, in which case interest accrued to the Interest Payment Date will be paid to holders of the Securities Notes as of the preceding Regular Interest Record Date and the Fundamental Change Repurchase Price payable to the Holder holder surrendering the Security Note for repurchase pursuant to this Article 3 19 shall be equal to the principal amount of Securities Notes subject to repurchase and will not include any accrued and unpaid interestrepurchase. Repurchases of Securities Notes under this Section 3.01 19.02 shall be made, at the option of the Holder holder thereof, upon:

Appears in 1 contract

Samples: Alaska Communications Systems Group Inc

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change occurs at any time prior to the Maturity Datetime, then each Holder shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s SecuritiesNotes, or any portion of the principal amount thereof that is equal to $1,000 or an integral multiple of $1,000 principal amount1,000, on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 Business Days and not or more than 35 Business Days after following the date of the Fundamental Change Company Notice at a repurchase price equal to 100% of the principal amount thereof, together with plus accrued and unpaid interest thereon to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), unless the Fundamental Change Repurchase Date is falls after a Regular Record Date and but on or prior to the related Interest Payment DateDate to which such Regular Record Date relates, in which case the Company shall instead pay the full amount of accrued and unpaid interest accrued to the (to, but excluding, such Interest Payment Date will be paid Date) to holders Holders of the Securities record as of the preceding close of business on such Regular Record Date Date, and the Fundamental Change Repurchase Price payable shall be equal to 100% of the Holder surrendering the Security for repurchase principal amount of Notes to be repurchased pursuant to this Article 3 14. The Fundamental Change Repurchase Date shall be equal to the principal amount of Securities subject to repurchase and will not include any accrued and unpaid interest. Repurchases of Securities under this Section 3.01 shall be made, at postponement in order to allow the option of the Holder thereof, upon:Company to comply with applicable law.

Appears in 1 contract

Samples: Indenture (Twilio Inc)

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change occurs at any time prior to the Maturity Datetime, then each Holder shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s SecuritiesNotes, or any portion thereof that is equal to US$1,000 or an integral multiple of $1,000 principal amountUS$1,000, on the date Business Day (the “Fundamental Change Repurchase Date”) specified notified in writing by the Company as set forth in Section 15.02(c) that is not less than 20 Business Days and not or more than 35 Business Days after following the date of the Fundamental Change Company Notice at a repurchase price equal to 100% of the principal amount thereof, together with plus accrued and unpaid interest Additional Interest, if any, thereon to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), unless the Fundamental Change Repurchase Date is falls after a Regular an Additional Interest Record Date and but on or prior to the related Additional Interest Payment DateDate to which such Additional Interest Record Date relates, in which case interest accrued to the Company shall instead pay on the Additional Interest Payment Date will be paid the full amount of accrued and unpaid Additional Interest, if any, to holders Holders of the Securities record as of the preceding Regular such Additional Interest Record Date Date, and the Fundamental Change Repurchase Price payable shall be equal to 100% of the Holder surrendering the Security for repurchase principal amount of Notes to be repurchased pursuant to this Article 3 15. The Trustee and the Conversion Agent, Paying Agent or any other agent appointed for such purpose shall be equal have no responsibility to determine the principal amount of Securities subject to repurchase and will not include any accrued and unpaid interestFundamental Change Repurchase Price. Repurchases of Securities under this Section 3.01 shall be made, at the option of the Holder thereof, upon:​ ​ ​

Appears in 1 contract

Samples: Indenture (NIO Inc.)

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change occurs at any time prior to the Maturity Date, then each Holder Noteholder shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s Securities, Notes or any portion thereof that is an integral a multiple of $1,000 principal amount, for cash on or after the Close of Business on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 Business Days twenty calendar days and not more than 35 Business Days thirty-five calendar days after the date of the Fundamental Change Company Notice (as defined below) at a repurchase price equal to 100% of the principal amount thereof, together with accrued and unpaid interest thereon (including Additional Interest and Filing Additional Interest, if any) to, but excluding, the Fundamental Change Repurchase Date (collectively, the “Fundamental Change Repurchase Price”). Notwithstanding the foregoing, unless if the Fundamental Change Repurchase Date is after a Regular Record Date and on or prior to the related corresponding Interest Payment Date, in which case the accrued and unpaid interest accrued to the (including Additional Interest Payment Date and Filing Additional Interest, if any) will be paid to holders of the Securities as of the preceding Regular Record Date and on the Fundamental Change Repurchase Price payable Date to the Holder surrendering of record on the Security for repurchase pursuant to this Article 3 shall be equal to the principal amount of Securities subject to repurchase and will not include any accrued and unpaid interestRecord Date. Repurchases of Securities Notes under this Section 3.01 11.01 shall be made, at the option of the Holder thereof, upon:

Appears in 1 contract

Samples: TICC Capital Corp.

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change at any time prior to the Maturity Date, then each Holder Noteholder shall have the right, at such Holderholder’s option, to require the Company to repurchase for cash all of such Holderholder’s SecuritiesNotes, or any portion thereof that is an integral multiple of $1,000 principal amount, on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 twenty Business Days and not more than 35 forty-five Business Days after the date of the Fundamental Change Company Notice (as defined below) at a repurchase price equal to 100% of the principal amount thereof, together with accrued and unpaid interest interest, including accrued and unpaid Additional Interest, if any, thereon to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), unless the Fundamental Change Repurchase Date is after a Regular an Interest Record Date and on or prior to the related Interest Payment Date, in which case interest accrued to the Interest Payment Date will be paid to holders of the Securities Notes as of the preceding Regular such Interest Record Date and the Fundamental Change Repurchase Price payable to the Holder holder surrendering the Security Note for repurchase pursuant to this Article 3 Section 15.04 shall be equal to 100% of the principal amount of Securities the Notes subject to repurchase and will not include any accrued and unpaid interestrepurchase. Repurchases of Securities Notes under this Section 3.01 15.04 shall be made, at the option of the Holder holder thereof, upon:

Appears in 1 contract

Samples: MF Global Ltd.

Repurchase at Option of Holders Upon a Fundamental Change. (a) a. If there shall occur a Fundamental Change occurs at any time prior to the Maturity Datetime, then each Holder shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s SecuritiesNotes, or any portion of the principal amount thereof that is an equal to $1,000 or any integral multiple of $1,000 principal amount1.00 in excess thereof, on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 Business Days and not calendar days or more than 35 Business Days after following the date of the Fundamental Change Company Notice at a repurchase price equal to 100% of the principal amount thereofCapitalized Principal Amount of such Notes, together with plus any accrued and unpaid interest thereon that has not been paid or capitalized to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), unless the Fundamental Change Repurchase Date is falls after a Regular Record Date and but on or prior to the related Interest Payment DateDate to which such Regular Record Date relates, in which case the Company shall instead pay in cash at the Cash Interest Rate the full amount of accrued and unpaid interest accrued to the Interest Payment Date will be paid to holders Holders of the Securities record as of the preceding such Regular Record Date (notwithstanding any prior election (or deemed election) by the Company to pay such interest pursuant to the Capitalization Method), and the Fundamental Change Repurchase Price payable shall be equal to 100% of the Holder surrendering the Security for repurchase Capitalized Principal Amount of Notes to be repurchased pursuant to this Article 3 shall be equal to the principal amount of Securities subject to repurchase and will not include any accrued and unpaid interest. Repurchases of Securities under this Section 3.01 shall be made, at the option of the Holder thereof, upon:15.

Appears in 1 contract

Samples: Eos Energy Enterprises, Inc.

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change at any time prior to the Maturity Date, then each Holder Noteholder shall have the right, at such Holderholder’s option, to require the Company to repurchase for cash all of such Holderholder’s SecuritiesNotes, or any portion thereof that is an integral multiple of $1,000 principal amount, on the date (the “Fundamental Change Repurchase Purchase Date”) specified by the Company that is not less than 20 twenty Business Days and not more than 35 sixty Business Days after the date of the Fundamental Change Company Notice (as defined below) at a repurchase price equal to 100% of the principal amount thereof, together with accrued and unpaid interest interest, including unpaid Additional Interest, if any, thereon to, but excluding, the Fundamental Change Repurchase Purchase Date (the “Fundamental Change Repurchase Purchase Price”), unless the Fundamental Change Repurchase Purchase Date is after a Regular an Interest Record Date and on or prior to the related Interest Payment Date, in which case interest accrued to the Interest Payment Date will be paid to holders of the Securities Notes as of the preceding Regular Interest Record Date and the Fundamental Change Repurchase Purchase Price payable to the Holder holder surrendering the Security Note for repurchase pursuant to this Article 3 16 shall be equal to the principal amount of Securities Notes subject to repurchase and will not include any accrued and unpaid interestrepurchase. Repurchases of Securities Notes under this Section 3.01 16.02 shall be made, at the option of the Holder holder thereof, upon:

Appears in 1 contract

Samples: Indenture (Penson Worldwide Inc)

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change occurs at any time prior to the Maturity Date, then each Holder shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s SecuritiesNotes, or any portion of the principal amount thereof that is equal to $1,000 or an integral multiple of $1,000 principal amountin excess thereof, on the date (the “Fundamental Change Repurchase Purchase Date”) specified by the Company that is not less than 20 Business Days and not nor more than 35 Business Days after following the date of the Fundamental Change Company Notice (subject to extension to comply with applicable law) or if we fail to specify a Fundamental Change Purchase Date, the 35th Business Day following the date of the Fundamental Change Company Notice (without prejudice to any rights or remedies the Holders may have on account of such failure), at a repurchase price equal to 100% of the principal amount thereof, together with plus accrued and unpaid interest thereon to, but excludingnot including, the Fundamental Change Repurchase Purchase Date (the “Fundamental Change Repurchase Purchase Price”), unless the Fundamental Change Repurchase Purchase Date is falls after a Regular Record Date and but on or prior to the related Interest Payment DateDate to which such Regular Record Date relates, in which case the Company shall instead pay the full amount of accrued and unpaid interest accrued to the Interest Payment Date will be paid to holders Holders of the Securities record as of the preceding such Regular Record Date Date, and the Fundamental Change Repurchase Purchase Price payable shall be equal to 100% of the Holder surrendering the Security for repurchase principal amount of Notes to be purchased pursuant to this Article 3 shall be equal to the principal amount of Securities subject to repurchase and will not include any accrued and unpaid interest. Repurchases of Securities under this Section 3.01 shall be made, at the option of the Holder thereof, upon:15.

Appears in 1 contract

Samples: Indenture (United States Steel Corp)

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change occurs at any time prior to the Maturity Date, then each Holder shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s SecuritiesNotes, or any portion of the principal amount thereof properly surrendered and not validly withdrawn pursuant to Section 15.03 that is equal to $1,000 or an integral multiple of $1,000 principal amount1,000, on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 twenty (20) Business Days and not or more than 35 thirty-five (35) Business Days after following the date of the Fundamental Change Company Notice at a repurchase price equal to 100% of the principal amount thereof, together with plus accrued and unpaid interest thereon interest, if any, plus any remaining amounts that would be owed to, but excluding, the Fundamental Change Repurchase Maturity Date (the “Fundamental Change Repurchase Price”), unless the Fundamental Change Repurchase Date is falls after a Regular Record Date and but on or prior to the related Interest Payment DateDate to which such Regular Record Date relates, in which case the Company shall instead pay the full amount of accrued and unpaid interest accrued to the (to, but excluding, such Interest Payment Date will be paid Date) to holders Holders of the Securities record as of the preceding such Regular Record Date Date, and the Fundamental Change Repurchase Price payable shall be equal to 100% of the Holder surrendering the Security for repurchase principal amount of Notes to be repurchased pursuant to this Article 3 0. The Fundamental Change Repurchase Date shall be equal to the principal amount of Securities subject to repurchase and will not include any accrued and unpaid interest. Repurchases of Securities under this Section 3.01 shall be made, at postponement in order to allow the option of the Holder thereof, upon:Company to comply with applicable law.

Appears in 1 contract

Samples: Subscription Agreement (GigCapital4, Inc.)

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change occurs at any time prior to the Maturity Date, then each Holder shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s SecuritiesNotes, or any portion thereof that is equal to minimum denominations of $1,000 or an integral multiple of $1,000 principal amount1,000, on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 Business Days and not calendar days or more than 35 Business Days after calendar days following the date of the Fundamental Change Company Notice at a repurchase price equal to 100% of the principal amount thereof, together with plus accrued and unpaid interest thereon to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), unless the Fundamental Change Repurchase Date is falls after a Regular Record Date and but on or prior to the related Interest Payment DateDate to which such Regular Record Date relates, in which case the Company shall instead pay the full amount of accrued and unpaid interest accrued to the Interest Payment Date will be paid to holders Holders of the Securities record as of the preceding such Regular Record Date Date, and the Fundamental Change Repurchase Price payable to the Holder surrendering the Security for repurchase pursuant to this Article 3 shall be equal to 100% of the principal amount of Securities subject Notes to repurchase and will be repurchased pursuant to this ‎Article 15; provided that the Company shall not include any accrued and unpaid interest. Repurchases of Securities under this Section 3.01 shall be maderequired to repurchase, or to make an offer to repurchase, the Notes upon a Fundamental Change if a third party makes such an offer in the same manner, at the option of same time and otherwise in compliance with the Holder thereofrequirements for an offer made by the Company as set forth in this Section 15.02 and such third party purchases all Notes properly surrendered and not validly withdrawn under its offer in the same manner, upon:at the same time and otherwise in compliance with the requirements for an offer made by the Company as set forth in this Section 15.02.

Appears in 1 contract

Samples: Granite Construction Incorporated and Wilmington Trust (Granite Construction Inc)

Repurchase at Option of Holders Upon a Fundamental Change. (a) If there shall occur a Fundamental Change occurs at any time prior to the Maturity Date, then each Holder shall have the right, at such Holder’s option, to require the Company to repurchase for cash all of such Holder’s SecuritiesNotes, or any portion thereof that is equal to minimum denominations of $1,000 or an integral multiple of $1,000 principal amount1,000, on the date (the “Fundamental Change Repurchase Date”) specified by the Company that is not less than 20 Business Days and not calendar days or more than 35 Business Days after calendar days following the date of the Fundamental Change Company Notice at a repurchase price equal to 100% of the principal amount thereof, together with plus accrued and unpaid interest thereon to, but excluding, the Fundamental Change Repurchase Date (the “Fundamental Change Repurchase Price”), unless the Fundamental Change Repurchase Date is falls after a Regular Record Date and but on or prior to the related Interest Payment DateDate to which such Regular Record Date relates, in which case the Company shall instead pay the full amount of accrued and unpaid interest accrued to the Interest Payment Date will be paid to holders Holders of the Securities record as of the preceding such Regular Record Date Date, and the Fundamental Change Repurchase Price payable to the Holder surrendering the Security for repurchase pursuant to this Article 3 shall be equal to 100% of the principal amount of Securities subject Notes to repurchase and will be repurchased pursuant to this ‎Article 15; provided that the Company shall not include any accrued and unpaid interest. Repurchases of Securities under this Section 3.01 shall be maderequired to repurchase, or to make an offer to repurchase, the Notes upon a Fundamental Change if a third party makes such an offer in the same manner, at the option of same time and otherwise in compliance with the Holder thereofrequirements for an offer made by the Company as set forth in this Section 15.02 and such third party purchases all Notes properly surrendered and not validly withdrawn under its offer in the same manner, upon:at the same time and otherwise in compliance with the requirements for an offer made by the Company as set forth in this Section 15.02. 81

Appears in 1 contract

Samples: Granite Construction Incorporated and Wilmington Trust (Granite Construction Inc)

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