Common use of Right of Holders to Require the Company to Repurchase Notes Upon a Fundamental Change Clause in Contracts

Right of Holders to Require the Company to Repurchase Notes Upon a Fundamental Change. Subject to the other terms of this Section 4.02, if a Fundamental Change occurs, then each Holder will have the right (the “Fundamental Change Repurchase Right”) to require the Company to repurchase such Holder’s Notes (or any portion thereof in an Authorized Denomination) on the Fundamental Change Repurchase Date for such Fundamental Change for a cash purchase price equal to the Fundamental Change Repurchase Price.

Appears in 167 contracts

Samples: Indenture (Lemaitre Vascular Inc), Indenture (Fluence Energy, Inc.), Indenture (Guidewire Software, Inc.)

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Right of Holders to Require the Company to Repurchase Notes Upon a Fundamental Change. Subject to the other terms of this Section 4.02, if If a Fundamental Change occurs, then each Holder will have the right (the “Fundamental Change Repurchase Right”) to require the Company to repurchase such Holder’s Notes (or any portion thereof in an Authorized Denomination) on for cash in the Fundamental Change Repurchase Date for such Fundamental Change for a cash purchase price equal manner, and subject to the Fundamental Change Repurchase Priceterms, set forth in Section 4.02 of the Indenture.

Appears in 137 contracts

Samples: Indenture (Fluence Energy, Inc.), Indenture (Orthopediatrics Corp), Indenture (BigCommerce Holdings, Inc.)

Right of Holders to Require the Company to Repurchase Notes Upon a Fundamental Change. Subject to the other terms of this Section 4.02, if If a Fundamental Change (other than an Exempted Fundamental Change) occurs, then each Holder will have the right (the “Fundamental Change Repurchase Right”) to require the Company to repurchase such Holder’s Notes (or any portion thereof in an Authorized Denomination) on for cash in the Fundamental Change Repurchase Date for such Fundamental Change for a cash purchase price equal manner, and subject to the Fundamental Change Repurchase Priceterms, set forth in Section 4.02 of the Indenture.

Appears in 18 contracts

Samples: Indenture (Lemaitre Vascular Inc), Indenture (Guidewire Software, Inc.), Indenture (Osi Systems Inc)

Right of Holders to Require the Company to Repurchase Notes Upon a Fundamental Change. Subject to the other terms of this Section 4.02, if If a Fundamental Change occurs, then each Holder will have the right (the “Fundamental Change Repurchase Right”) to require the Company to repurchase such Holder’s Notes (or any portion thereof in an Authorized Denomination) on for cash in the Fundamental Change Repurchase Date for such Fundamental Change for a cash purchase price equal manner, and subject to the Fundamental Change Repurchase Priceterms, set forth in Section 4.02 of the Supplemental Indenture.

Appears in 13 contracts

Samples: First Supplemental Indenture (Tilray Brands, Inc.), First Supplemental Indenture (Xeris Biopharma Holdings, Inc.), First Supplemental Indenture (Cheesecake Factory Inc)

Right of Holders to Require the Company to Repurchase Notes Upon a Fundamental Change. Subject to the other terms of this Section 4.02, if a Fundamental Change occursoccurs prior to the Maturity Date, then each Holder will have the right (the “Fundamental Change Repurchase Right”) to require the Company to repurchase such Holder’s Notes (or any portion thereof in an Authorized Denomination) on the Fundamental Change Repurchase Date for such Fundamental Change for a cash purchase price equal to the Fundamental Change Repurchase Price.

Appears in 5 contracts

Samples: Indenture (Core Scientific, Inc./Tx), Indenture (Cardlytics, Inc.), Indenture (Mirum Pharmaceuticals, Inc.)

Right of Holders to Require the Company to Repurchase Notes Upon a Fundamental Change. Subject to the other terms of this Section ‎Section 4.02, if a Fundamental Change occurs, then each Holder will have the right (the “Fundamental Change Repurchase Right”) to require the Company to repurchase such Holder’s Notes (or any portion thereof in an Authorized Denomination) on the Fundamental Change Repurchase Date for such Fundamental Change for a cash purchase price equal to the Fundamental Change Repurchase Price.

Appears in 4 contracts

Samples: Indenture (Ani Pharmaceuticals Inc), Indenture (Biora Therapeutics, Inc.), Indenture (Lucid Group, Inc.)

Right of Holders to Require the Company to Repurchase Notes Upon a Fundamental Change. Subject to the other terms of this Section 4.02the Indenture, if a Fundamental Change occurs, then each Holder will have the right (the “Fundamental Change Repurchase Right”) to require the Company to repurchase such Holder’s Notes (or any portion thereof in an Authorized Denomination) on for cash in the Fundamental Change Repurchase Date for such Fundamental Change for a cash purchase price equal manner, and subject to the Fundamental Change Repurchase Priceterms, set forth in Section 5.02 of the Supplemental Indenture.

Appears in 4 contracts

Samples: Ninth Supplemental Indenture (Tellurian Inc. /De/), Ninth Supplemental Indenture (Tellurian Inc. /De/), Eighth Supplemental Indenture (Tellurian Inc. /De/)

Right of Holders to Require the Company to Repurchase Notes Upon a Fundamental Change. Subject to the other terms of this Section 4.02, if If a Fundamental Change occurs, then each Holder will have the right (the “Fundamental Change Repurchase Right”) to require the Company to repurchase such Holder’s Notes (or any portion thereof in an Authorized Denomination) on for cash in the Fundamental Change Repurchase Date for such Fundamental Change for a cash purchase price equal manner, and subject to the Fundamental Change Repurchase Priceterms, set forth in ‎Section 4.02 of the Indenture.

Appears in 3 contracts

Samples: Indenture (Biora Therapeutics, Inc.), Indenture (Lucid Group, Inc.), Indenture (Verastem, Inc.)

Right of Holders to Require the Company to Repurchase Notes Upon a Fundamental Change. Subject to the other terms of this Section 4.025.02, if a Fundamental Change occurs, then each Holder will have the right (the “Fundamental Change Repurchase Right”) to require the Company to repurchase such Holder’s Notes (or any portion thereof in an Authorized Denomination) on the Fundamental Change Repurchase Date for such Fundamental Change for a cash purchase price equal to the Fundamental Change Repurchase Price.

Appears in 3 contracts

Samples: Eighth Supplemental Indenture (Tellurian Inc. /De/), Ninth Supplemental Indenture (Tellurian Inc. /De/), Securities Purchase Agreement (Tellurian Inc. /De/)

Right of Holders to Require the Company to Repurchase Notes Upon a Fundamental Change. Subject to the other terms of this Section 4.024.02 (including Section 4.02(J)), if a Fundamental Change occurs, then each Holder will have the right (the “Fundamental Change Repurchase Right”) to require the Company to repurchase such Holder’s Notes (or any portion thereof in an Authorized Denomination) on the Fundamental Change Repurchase Date for such Fundamental Change for a cash purchase price equal to the Fundamental Change Repurchase Price.

Appears in 3 contracts

Samples: Indenture (Coinbase Global, Inc.), Indenture (Coinbase Global, Inc.), Indenture (Coinbase Global, Inc.)

Right of Holders to Require the Company to Repurchase Notes Upon a Fundamental Change. Subject to the other terms of this Section 4.02, if If a Fundamental Change occurs, then each Holder will have the right (the “Fundamental Change Repurchase Right”) to require the Company to repurchase such Holder’s Notes (or any portion thereof in an Authorized Denominationauthorized denomination) on for cash in the Fundamental Change Repurchase Date for such Fundamental Change for a cash purchase price equal manner, and subject to the Fundamental Change Repurchase Priceterms, set forth in Section 15.01 of the Indenture.

Appears in 3 contracts

Samples: Indenture Agreement (Oatly Group AB), Indenture Agreement (Oatly Group AB), Indenture Agreement (Oatly Group AB)

Right of Holders to Require the Company to Repurchase Notes Upon a Fundamental Change. Subject to the other terms of this Section 4.02, if If a Fundamental Change occurs, then each Holder will have the right (the “Fundamental Change Repurchase Right”) to require the Company to repurchase such Holder’s Notes (or any portion thereof in an Authorized Denominationauthorized denomination) on for cash in the Fundamental Change Repurchase Date for such Fundamental Change for a cash purchase price equal manner, and subject to the Fundamental Change Repurchase Priceterms, set forth in Section 13.01 of the Terms and Conditions.

Appears in 2 contracts

Samples: Subscription Agreement (Oatly Group AB), Subscription Agreement (Oatly Group AB)

Right of Holders to Require the Company to Repurchase Notes Upon a Fundamental Change. Subject to the other terms of this Section 4.02, if If a Fundamental Change occurs(other than an Exempted Fundamental Change) occurs prior to the Maturity Date, then each Holder will have the right (the “Fundamental Change Repurchase Right”) to require the Company to repurchase such Holder’s Notes (or any portion thereof in an Authorized Denomination) on for cash in the Fundamental Change Repurchase Date for such Fundamental Change for a cash purchase price equal manner, and subject to the Fundamental Change Repurchase Priceterms, set forth in Section 4.02 of the Indenture.

Appears in 2 contracts

Samples: Indenture (Core Scientific, Inc./Tx), Indenture (Core Scientific, Inc./Tx)

Right of Holders to Require the Company to Repurchase Notes Upon a Fundamental Change. Subject to the other terms of this Section 4.024.02 and Article 11, if a Fundamental Change occurs, then each Holder will have the right (the “Fundamental Change Repurchase Right”) to require the Company to repurchase such Holder’s Notes (or any portion thereof in an Authorized Denomination) on the Fundamental Change Repurchase Date for such Fundamental Change for a cash purchase price equal to the Fundamental Change Repurchase Price.

Appears in 1 contract

Samples: Indenture (LumiraDx LTD)

Right of Holders to Require the Company to Repurchase Notes Upon a Fundamental Change. Subject to the other terms of this Section 4.02, if If a Fundamental Change occurs, then each Holder will have the right (the “Fundamental Change Repurchase Right”) to require the Company to repurchase such Holder’s Notes (or any portion thereof in an Authorized Denomination) on for cash in the Fundamental Change Repurchase Date for such Fundamental Change for a cash purchase price equal manner, and subject to the Fundamental Change Repurchase Price.terms, set forth in Section 4.02 of the Indenture. 

Appears in 1 contract

Samples: Indenture (Kadmon Holdings, Inc.)

Right of Holders to Require the Company to Repurchase Notes Upon a Fundamental Change. Subject to the other terms of this Section 4.02, if If a Fundamental Change (other than an Exempted Fundamental Change) occurs, then each Holder will have the right (the “Fundamental Change Repurchase Right”) to require the Company to repurchase such Holder’s Notes (or any portion thereof in an Authorized Denomination) on for cash in the Fundamental Change Repurchase Date for such Fundamental Change for a cash purchase price equal manner, and subject to the Fundamental Change Repurchase Priceterms, set forth in ‎Section 4.02 of the Indenture.

Appears in 1 contract

Samples: Indenture (Ani Pharmaceuticals Inc)

Right of Holders to Require the Company to Repurchase Notes Upon a Fundamental Change. Subject to the other terms of this Section 4.02, if a Fundamental Change occursoccurs prior to the Maturity Date, then each Holder will have the right (the “Fundamental Change Repurchase Right”) ), at its option, to require the Company to repurchase such Holder’s Notes (or any portion thereof in an Authorized Denomination) on the Fundamental Change Repurchase Date for such Fundamental Change for a cash purchase price equal to the Fundamental Change Repurchase Price.

Appears in 1 contract

Samples: First Supplemental Indenture (Nikola Corp)

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Right of Holders to Require the Company to Repurchase Notes Upon a Fundamental Change. Subject to the other terms of this Section 4.02, if If a Fundamental Change occurs, then each Holder will have the right (the “Fundamental Change Repurchase Right”) to require the Company to repurchase such Holder’s Notes (or any portion thereof in an Authorized Denomination) on for cash in the Fundamental Change Repurchase Date for such Fundamental Change for a cash purchase price equal manner, and subject to the Fundamental Change Repurchase Price.terms, set forth in Section 4.02 of the Indenture. ​

Appears in 1 contract

Samples: Indenture (Inotiv, Inc.)

Right of Holders to Require the Company to Repurchase Notes Upon a Fundamental Change. Subject to the other terms of this Section 4.02, if If a Fundamental Change occurs, then each Holder will will, subject to certain exceptions, have the right (the “Fundamental Change Repurchase Right”) to require the Company to repurchase such Holder’s Notes (or any portion thereof in an Authorized Denomination) on for cash in the Fundamental Change Repurchase Date for such Fundamental Change for a cash purchase price equal manner, and subject to the Fundamental Change Repurchase Priceterms, set forth in Article 9 of the Supplemental Indenture.

Appears in 1 contract

Samples: Ninth Supplemental Indenture (Ares Capital Corp)

Right of Holders to Require the Company to Repurchase Notes Upon a Fundamental Change. Subject to the other terms of this Section 4.02, if If a Fundamental Change occurs, then each Holder will have the right (the “Fundamental Change Repurchase Right”) to require the Company to repurchase such Holder’s Notes (or any portion thereof in an Authorized Denomination) on for cash in the Fundamental Change Repurchase Date for such Fundamental Change for a cash purchase price equal manner, and subject to the Fundamental Change Repurchase Price.terms, set forth in Section 4.02 of the Second Supplemental Indenture. ​

Appears in 1 contract

Samples: Second Supplemental Indenture (Verastem, Inc.)

Right of Holders to Require the Company to Repurchase Notes Upon a Fundamental Change. Subject to the other terms of this Section 4.02, if If a Fundamental Change (other than an Exempted Fundamental Change) occurs, then each Holder will have the right (the “Fundamental Change Repurchase Right”) to require the Company to repurchase such Holder’s Notes (or any portion thereof in an Authorized Denomination) on for cash in the Fundamental Change Repurchase Date for such Fundamental Change for a cash purchase price equal manner, and subject to the Fundamental Change Repurchase Priceterms, set forth in Section 4.02 of the Indenture. 8.

Appears in 1 contract

Samples: Indenture (Pagaya Technologies Ltd.)

Right of Holders to Require the Company to Repurchase Notes Upon a Fundamental Change. Subject to the other terms of this Section 4.02Article 4, if a Fundamental Change occurs, then each Holder will have the right (the “Fundamental Change Repurchase Right”) to require the Company to repurchase such Holder’s the Notes (or any portion thereof of the Notes in an Authorized Denomination) on the Fundamental Change Repurchase Date for such Fundamental Change for a cash purchase price equal to the Fundamental Change Repurchase Price.

Appears in 1 contract

Samples: Indenture (Workhorse Group Inc.)

Right of Holders to Require the Company to Repurchase Notes Upon a Fundamental Change. Subject to the other terms of this Section 4.02the Indenture, if a Fundamental Change occurs, then each Holder will have the right (the “Fundamental Change Repurchase Right”) to require the Company to repurchase such Holder’s Notes (or any portion thereof in an Authorized Denomination) on for cash in the Fundamental Change Repurchase Date for such Fundamental Change for a cash purchase price equal manner, and subject to the Fundamental Change Repurchase Priceterms, set forth in Section 4.02 of the Supplemental Indenture.

Appears in 1 contract

Samples: First Supplemental Indenture (Tellurian Inc. /De/)

Right of Holders to Require the Company to Repurchase Notes Upon a Fundamental Change. Subject to the other terms of this Section 4.02, if a Fundamental Change occurs, then each Holder will have the right (the “Fundamental Change Repurchase Right”) to require the Company to repurchase such Holder’s Notes (or any portion thereof in an Authorized Denomination) on the Fundamental Change Repurchase Date for such Fundamental Change for a cash purchase price equal to the Fundamental Change Repurchase Price.. Table of Contents

Appears in 1 contract

Samples: Indenture (Omeros Corp)

Right of Holders to Require the Company to Repurchase Notes Upon a Fundamental Change. Subject to the other terms of this Section 4.02, if If a Fundamental Change occurs, then each Holder will have the right (the “Fundamental Change Repurchase Right”) to require the Company to repurchase such Holder’s Notes (or any portion thereof in an Authorized Denomination) on for cash in the Fundamental Change Repurchase Date for such Fundamental Change for a cash purchase price equal manner, and subject to the Fundamental Change Repurchase Priceterms, set forth in Section 4.02 of the First Supplemental Indenture.

Appears in 1 contract

Samples: First Supplemental Indenture (Verastem, Inc.)

Right of Holders to Require the Company to Repurchase Notes Upon a Fundamental Change. Subject to the other terms of this Section 4.02, if If a Fundamental Change occurs, then each Holder will have the right (the “Fundamental Change Repurchase Right”) to require the Company to repurchase such Holder’s Notes (or any portion thereof in an Authorized Denomination) on for cash in the Fundamental Change Repurchase Date for such Fundamental Change for a cash purchase price equal manner, and subject to the Fundamental Change Repurchase Priceterms, set forth in Section 4.02 and Article 11 of the Indenture.

Appears in 1 contract

Samples: Indenture (LumiraDx LTD)

Right of Holders to Require the Company to Repurchase Notes Upon a Fundamental Change. Subject to the other terms of this Section 4.02, if If a Fundamental Change (other than an Exempted Fundamental Change) occurs, then each Holder will have the right (the “Fundamental Change Repurchase Right”) to require the Company to repurchase such Holder’s Notes (or any portion thereof in an Authorized Denomination) on for cash in the Fundamental Change Repurchase Date for such Fundamental Change for a cash purchase price equal manner, and subject to the Fundamental Change Repurchase Priceterms, set forth in Section 4.02 of the Supplemental Indenture.

Appears in 1 contract

Samples: First Supplemental Indenture (Nikola Corp)

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