Common use of Retirement of Notes Clause in Contracts

Retirement of Notes. The Company shall not, and shall not permit any of its Subsidiaries or Affiliates or Global or the Global Subsidiaries to, prepay or otherwise retire in whole or in part prior to their stated final maturity (other than (i) by prepayment pursuant to paragraphs 4A or 4B or (ii) upon acceleration of such final maturity pursuant to paragraph 7A), or purchase or otherwise acquire, directly or indirectly, Notes held by any holder unless the Company, Global or such Subsidiary, Global Subsidiary or Affiliate shall have offered to prepay or otherwise retire or purchase or otherwise acquire, as the case may be, the same proportion of the aggregate principal amount of Notes held by each other holder of Notes at the time outstanding upon the same terms and conditions. Any Notes so prepaid or otherwise retired or purchased or otherwise acquired by the Company or any of its Subsidiaries or Affiliates or Global or the Global Subsidiaries shall not be deemed to be outstanding for any purpose under this Agreement, except as provided in paragraph 4D.

Appears in 1 contract

Samples: Note Purchase Agreement (Imc Global Inc)

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Retirement of Notes. The Company shall not, and shall not permit any of its the Subsidiaries or Affiliates or Global or the Global Subsidiaries to, prepay or otherwise retire in whole or in part prior to their stated final maturity (other than (i) by prepayment pursuant to paragraphs paragraph 4A or paragraph 4B hereof or (ii) upon acceleration of such final maturity pursuant to paragraph 7A7A hereof), or purchase or otherwise acquire, directly or indirectlyindirectly (other than pursuant to paragraph 4E, paragraph 4G or paragraph 5I hereof), Notes held by any holder unless the Company, Global Company or such Subsidiary, Global Subsidiary or Affiliate shall have offered to prepay or otherwise retire or purchase or otherwise acquire, as the case may be, the same proportion of the aggregate principal amount of Notes held by each other holder of Notes (without distinguishing among the different Series) at the time outstanding upon the same terms and conditions. Any Notes so prepaid or otherwise retired or purchased or otherwise acquired by the Company or any of its the Subsidiaries or Affiliates or Global or the Global Subsidiaries shall not be deemed to be outstanding for any purpose under this Agreement, except as provided in paragraph 4D..

Appears in 1 contract

Samples: Note Agreement (Rohr Inc)

Retirement of Notes. The Company shall not, and shall not permit any of its Subsidiaries or Affiliates or Global or the Global Subsidiaries to, prepay or otherwise retire in whole or in part prior to their stated final maturity (other than (i) by prepayment pursuant to paragraphs 4A or 4B 4B, upon exercise of the put option pursuant to paragraph 5E, or (ii) upon acceleration of such final maturity pursuant to paragraph 7A), or purchase or otherwise acquire, directly or indirectly, Term Notes held by any holder unless the Company, Global Company or such Subsidiary, Global Subsidiary or Affiliate shall have offered to prepay or otherwise retire or purchase or otherwise acquire, as the case may be, the same proportion of the aggregate principal amount of Term Notes held by each other holder of Term Notes at the time outstanding upon the same terms and conditions. Any Term Notes so prepaid or otherwise retired or purchased or otherwise acquired by the Company or any of its Subsidiaries or Affiliates or Global or the Global Subsidiaries shall not be deemed to be outstanding for any purpose under this Agreement, except as provided in paragraph 4D.

Appears in 1 contract

Samples: Corinthian Colleges Inc

Retirement of Notes. The Company shall not, and shall not permit any of its Subsidiaries or Affiliates or Global or the Global Subsidiaries to, prepay or otherwise retire retire, in whole or in part part, prior to their stated final maturity (other than (i) by prepayment pursuant to paragraphs 4A 5A(2), 5B, 5F, 5G or 4B 7B(7) or (ii) upon acceleration of such final maturity pursuant to paragraph 7A8A), or purchase or otherwise acquire, directly or indirectly, Notes held by any holder (other than pursuant to paragraph 5A(2)) unless the Company, Global Company or such Subsidiary, Global Subsidiary or Affiliate shall have offered to prepay or otherwise retire or purchase or otherwise acquire, as the case may be, the same proportion of the aggregate principal amount of Notes held by each other holder of Notes at the time outstanding upon the same terms and conditions. Any Notes so prepaid or otherwise retired or purchased or otherwise acquired by the Company or any of its Subsidiaries or Affiliates or Global or the Global Subsidiaries shall not be deemed to be outstanding for any purpose under this Agreement, except as provided in paragraph 4D..

Appears in 1 contract

Samples: Securities Purchase Agreement (ZaZa Energy Corp)

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Retirement of Notes. The Company shall not, and shall not permit any of its Subsidiaries or Affiliates or Global or the Global Subsidiaries to, prepay or otherwise retire in whole or in part prior to their stated final maturity (other than (i) by prepayment pursuant to paragraphs 4A or 4A, 4B or (ii) 4C or upon exercise of the put option pursuant to paragraph 5G or upon acceleration of such final maturity pursuant to paragraph 7A), or purchase or otherwise acquire, directly or indirectly, Notes of any Series held by any holder unless the Company, Global Company or such Subsidiary, Global Subsidiary or Affiliate shall have offered to prepay or otherwise retire or purchase or otherwise acquire, as the case may be, the same proportion of the aggregate principal amount of Notes of such Series held by each other holder of Notes of such Series at the time outstanding upon the same terms and conditions. Any Notes so prepaid or otherwise retired or purchased or otherwise acquired by the Company or any of its Subsidiaries or Affiliates or Global or the Global Subsidiaries shall not be deemed to be outstanding for any purpose under this Agreement, except as provided in paragraph 4D.4E.

Appears in 1 contract

Samples: Note Purchase And (Steak & Shake Co)

Retirement of Notes. The Company shall not, and shall not permit any of its Subsidiaries or Affiliates or Global or the Global Subsidiaries to, prepay or otherwise retire in whole or in part prior to their stated final maturity (other than (i) by prepayment pursuant to paragraphs 4A or 4A, 4B or (ii) 4C, prepayment upon the exercise of a put pursuant to paragraph 5G or upon acceleration of such final maturity pursuant to paragraph 7A), or purchase or otherwise acquire, directly or indirectly, Notes of any Series held by any holder unless the Company, Global Company or such Subsidiary, Global Subsidiary or Affiliate shall have offered to prepay or otherwise retire or purchase or otherwise acquire, as the case may be, the same proportion of the aggregate principal amount of Notes of such Series held by each other holder of Notes of such Series at the time outstanding upon the same terms and conditions. Any Notes so prepaid or otherwise retired or purchased or otherwise acquired by the Company or any of its Subsidiaries or Affiliates or Global or the Global Subsidiaries shall not be deemed to be outstanding for any purpose under this Agreement, except EXCEPT as provided in paragraph 4D.4E.

Appears in 1 contract

Samples: Binding Agreement (Consolidated Products Inc /In/)

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