Repurchase at Option of the Holder Upon a Fundamental Change. (a) Subject to the satisfaction of the requirements of this Section 3.2, if a Fundamental Change occurs at any time prior to the Final Maturity Date, each Holder separately will, upon receipt of the notice of the occurrence of a Fundamental Change described in Section 3.2(c), have the right to require the Company to repurchase all, but not less than all, of such Holder's Notes for cash in an amount equal to 100% of the principal amount of the Notes to be repurchased plus accrued and unpaid interest, if any, to (but not including) the Fundamental Change Repurchase Date (the "Fundamental Change Repurchase Price").
Appears in 2 contracts
Samples: Noteholders Agreement (Hybridon Inc), Noteholders Agreement (Hybridon Inc)
Repurchase at Option of the Holder Upon a Fundamental Change. (a) Subject to the satisfaction of the requirements of this Section 3.23.1, if a Fundamental Change occurs at any time prior to the Final Maturity Date, each Holder separately will, upon receipt of the notice of the occurrence of a Fundamental Change described in Section 3.2(c3.1(c), have the right to require the Company to repurchase all, but not less than all, any or all of such Holder's ’s Notes for cash in an amount equal to 100120% of the principal amount of the Notes to be repurchased plus accrued and unpaid interest, if any, to (but not including) the Fundamental Change Repurchase Date (the "“Fundamental Change Repurchase Price"”).
Appears in 1 contract
Samples: Purchase Agreement (MoSys, Inc.)
Repurchase at Option of the Holder Upon a Fundamental Change. (a) Subject to the satisfaction of the requirements of this Section 3.23.1, if a Fundamental Change occurs at any time prior to the Final Maturity Date, each Holder separately will, upon receipt of the notice of the occurrence of a Fundamental Change described in Section 3.2(c3.1(c), have the right to require the Company to repurchase all, but not less than all, any or all of such Holder's ’s Notes for cash in an amount equal to 100101% of the principal amount of the Notes to be repurchased plus accrued and unpaid interest, if any, to (but not including) the Fundamental Change Repurchase Date (the "“ Fundamental Change Repurchase Price"Price ”).
Appears in 1 contract
Samples: Senior Secured Note Purchase Agreement (Focus Enhancements Inc)