Repurchase of Notes. Neither the Company nor any Consolidated Subsidiary or Affiliate, directly or indirectly, may repurchase or make any offer to repurchase any Notes unless an offer has been made to repurchase Notes, pro rata, from all holders of the Notes at the same time and upon the same terms. In case the Company repurchases or otherwise acquires any Notes, such Notes shall immediately thereafter be canceled and no Notes shall be issued in substitution therefor. Without limiting the foregoing, upon the repurchase or other acquisition of any Notes by the Company, any Consolidated Subsidiary or any Affiliate, such Notes shall no longer be outstanding for purposes of any section of this Agreement relating to the taking by the holders of the Notes of any actions with respect hereto, including without limitation, SECTION 6.3, SECTION 6.4 and SECTION 7.1.
Repurchase of Notes. 14 Section 5.14. Transactions with Affiliates of the Company .......................15 Section 5.15. Termination of Pension Plans ......................................15 Section 5.16. Reports and Rights of Inspection ..................................15 SECTION 6. EVENTS OF DEFAULT AND REMEDIES THEREFOR ....................................18
Repurchase of Notes. SECTION 13.1 [RESERVED]
SECTION 13.2 REPURCHASE AT THE OPTION OF THE HOLDER UPON A DESIGNATED EVENT.
(a) In the event that a Designated Event shall occur at any time prior to the Maturity Date, then each Holder shall have the right (the “Designated Event Repurchase Right”), at such Holder’s option, to require the Issuer to repurchase, and upon the exercise of such right the Issuer shall repurchase, such Holder’s Notes, in whole or in part, of $1,000 or any integral multiple of $1,000 in excess thereof or the entire principal amount of the Notes held by any Holder (provided that no single Note may be repurchased in part unless the portion of the principal amount of such Note to be Outstanding after such repurchase is equal to $1,000 or integral multiples of $1,000 in excess thereof), on the date specified by the Issuer (the “Designated Event Repurchase Date”) that is not less than 20 nor more than 30 Business Days after the date of the Issuer Notice (as defined in Section 13.4) at a purchase price equal to 100% of the principal amount of the Notes to be repurchased plus accrued and unpaid interest, to, but excluding, the Designated Event Repurchase Date (the “Designated Event Repurchase Price”); provided, however, that installments of interest, if any, on Notes with an Interest Payment Date on or prior to the Designated Event Repurchase Date shall be payable to the Holders of such Notes registered as such on the relevant Record Date according to their terms and the provisions of Section 2.1 hereof. The Designated Event Repurchase Price to be paid upon a Designated Event shall be paid in cash.
(b) To exercise a Designated Event Repurchase Right, a Holder shall deliver to the Issuer or its designated agent (i) prior to the close of business on the Designated Event Repurchase Date specified in the Issuer Notice, written notice of the Holder’s exercise of such right, which notice shall set forth the name of the Holder, the principal amount of the Notes to be repurchased (and, if any Note is to repurchased in part, the serial number thereof, the portion of the principal amount thereof to be repurchased and the name of the Person in which the portion thereof to remain Outstanding after such repurchase is to be registered, subject to Section 2.16 hereof) and a statement that an election to exercise the Designated Event Repurchase Right is being made thereby (the “Designated Event Repurchase Notice”), and (ii) the Notes with respect to which the Designated Event Re...
Repurchase of Notes. Neither the Company nor any Restricted Subsidiary or Affiliate, directly or indirectly, may repurchase or make any offer to repurchase any Notes.
Repurchase of Notes. AT OPTION OF HOLDERS Section 15.01. [Intentionally Omitted]
Repurchase of Notes. AT OPTION OF HOLDERS
Repurchase of Notes. To the extent that the provisions of any securities laws or regulations conflict with the provisions of this Indenture relating to the Company’s obligations to purchase the Notes upon a Fundamental Change, the Company will comply with the applicable securities laws and regulations and will not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Repurchase of Notes. The Company shall not, and shall not permit any Restricted Subsidiary or any Affiliate, directly or indirectly, to, purchase or make any offer to purchase any Notes, unless the Company or such Restricted Subsidiary or Affiliate has offered to purchase Notes, pro rata from all holders of the Notes and upon the same terms. In case the Company purchases any Notes, such Notes shall thereafter be canceled and no Notes shall be issued in substitution therefor.
Repurchase of Notes. The Series 2006-1 Notes shall be subject to repurchase in whole, but not in part, by RCFC at its option in accordance with Section 5.3 of the Base Indenture, as follows:
(a) the Series 2006-1 Notes are subject to repurchase by RCFC in whole, but not in part, on any Payment Date; provided that, the Issuer may not repurchase the Series 2006-1 Notes if it would result in a draw on the Series 2006-1 Policy or if any amount owed to the Series 2006-1 Insurer would remain unpaid. On or prior to such Payment Date, RCFC shall have paid the Series 2006-1 Insurer all amounts due and unpaid under the Insurance Agreement (each such Payment Date, a “Repurchase Date”);
(b) the purchase price for any such repurchase of Series 2006-1 Notes shall equal the Aggregate Principal Balance of such Notes (determined after giving effect to any payment of principal on such Payment Date), plus accrued and unpaid interest on such Aggregate Principal Balance (the “Repurchase Price”);
(c) the Series 2006-1 Notes shall not be subject to repurchase if such repurchase would result in a draw on the Series 2006-1 Policy;
(d) as a condition precedent to any repurchase, on or prior to the Distribution Date on which any Series 2006-1 Note is repurchased by RCFC pursuant to this Section 8.1, RCFC shall pay the Series 2006-1 Insurer all Series 2006-1 Insurer Payments and all other Series 2006-1 Insurer Reimbursement Amounts due and unpaid as of such Distribution Date; and
(e) in addition, a prepayment premium (the “Series 2006-1 Note Prepayment Premium”) will be payable to the holders of the Series 2006-1 Notes upon any repurchase of such Series 2006-1 Notes by RCFC when the Aggregate Principal Balance thereof is greater than ten percent (10%) of the Series 2006-1 Initial Invested Amount. The Series 2006-1 Note Prepayment Premium with respect to the Series 2006-1 Notes will equal the amount of interest that would have accrued on the Aggregate Principal Balance of the Series 2006-1 Notes so prepaid (assuming that (i) no Amortization Event occurs with respect to the Series 2006-1 Notes, (ii) the Series 2006-1 Noteholders are paid the Series 2006-1 Controlled Distribution Amount on each of the scheduled Payment Dates for the period commencing with the Payment Date on which such repurchase is effected and ending on the Series 2006-1 Expected Final Payment Date, and (iii) interest accrues on such Series 2006-1 Notes at a rate equal to 0.18%), discounted to present value to such Payment Date at a rate ...
Repurchase of Notes. Neither the Company nor any Subsidiary, directly or indirectly through an Affiliate or otherwise, may repurchase or make any offer to repurchase any Notes unless the offer has been made to repurchase Notes, pro rata, from all holders of the Notes at the same time and upon the same terms. In case the Company repurchases any Notes such Notes shall thereafter be cancelled and no Notes shall be issued in substitution therefor. Without limiting the foregoing, upon the purchase or other acquisition of any Notes by the Company, any Subsidiary or any Affiliate, such Notes shall no longer be outstanding for purposes of any section of this Agreement relating to the taking by the holders of the Notes of any actions with respect hereto, including, without limitation, Section 7.3, Section 7.4 and Section 8.1.
