Common use of Right of the Company to Redeem the Notes Clause in Contracts

Right of the Company to Redeem the Notes. (A) No Right to Redeem Before March 6, 2023. The Company may not redeem the Notes at its option at any time before March 6, 2023. (B) Right to Redeem the Notes on or After March 6, 2023. Subject to the terms of this Section 4.03, the Company has the right, at its election, to redeem all, or any portion in an Authorized Denomination, of the Notes, at any time and from time to time, on a Redemption Date on or after March 6, 2023 and on or before the fortieth (40th) Scheduled Trading Day immediately before the Maturity Date, for a cash purchase price equal to the Redemption Price, but only if the Last Reported Sale Price per share of Common Stock exceeds one hundred and thirty percent (130%) of the Conversion Price on (i) each of at least twenty (20) Trading Days (whether or not consecutive) during the thirty (30) consecutive Trading Days ending on, and including, the Trading Day immediately before the Redemption Notice Date for such Redemption; and (ii) the Trading Day immediately before such Redemption Notice Date. For the avoidance of doubt, the calling of any Notes for Redemption will constitute a Make-Whole Fundamental Change pursuant to clause (B) of the definition thereof.

Appears in 1 contract

Samples: Indenture (Bandwidth Inc.)

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Right of the Company to Redeem the Notes. (A) No Right to Redeem Before March 615, 20232027. The Company may not redeem the Notes at its option at any time before March 615, 20232027. (B) Right to Redeem the Notes on or After March 615, 20232027. Subject to the terms of this Section 4.03, the Company has the right, at its election, to redeem all, or any portion in an Authorized Denomination, of the Notes, at any time and from time to time, on a Redemption Date on or after March 615, 2023 2027 and on or before the fortieth thirtieth (40th30th) Scheduled Trading Day immediately before the Maturity Date, for a cash purchase price equal to the Redemption Price, but only if (1) the Last Reported Sale Price per share of Common Stock exceeds one hundred and thirty percent (130%) of the Conversion Price on (i) each of at least twenty (20) Trading Days (whether or not consecutive) during the thirty (30) consecutive Trading Days ending on, and including, the Trading Day immediately before the Redemption Notice Date for such Redemption; and (ii) the Trading Day immediately before such Redemption Notice Date; and (2) the Liquidity Conditions have been satisfied. For the avoidance of doubt, the calling of any Notes for Redemption will constitute a Make-Whole Fundamental Change with respect to such Notes pursuant to clause (B) of the definition thereof.

Appears in 1 contract

Samples: Indenture (SoFi Technologies, Inc.)

Right of the Company to Redeem the Notes. (A) No Right to Redeem Before March 6August 20, 20232025. The Company may not redeem the Notes at its option at any time before March 6August 20, 20232025. (B) Right to Redeem the Notes on or After March 6August 20, 20232025. Subject to the terms of this Section 4.03, the Company has the right, at its election, to redeem all, or any portion in an Authorized Denomination, of the Notes, at any time time, and from time to time, on a Redemption Date on or after March 6August 20, 2023 2025 and on or before the fortieth (40th) 50th Scheduled Trading Day immediately before the Maturity Date, for a cash purchase price equal to the Redemption Price, but only if (1) the Last Reported Sale Price per share of Common Stock exceeds one hundred and thirty percent (130%) of the Conversion Price on (ix) each of at least twenty (20) Trading Days (whether or not consecutive) during the thirty (30) consecutive Trading Days ending on, and including, the Trading Day immediately before the Redemption Notice Date for such Redemption; and (iiy) the Trading Day immediately before such Redemption Notice Date; and (2) the Liquidity Conditions have been satisfied. For the avoidance of doubt, the calling of any Notes for Redemption will constitute a Make-Whole Fundamental Change with respect to such Notes pursuant to clause (B) of the definition thereof.

Appears in 1 contract

Samples: Indenture (Cerevel Therapeutics Holdings, Inc.)

Right of the Company to Redeem the Notes. (A) No Right to Redeem Before March 6October 15, 20232024. The Company may not redeem the Notes at its option at any time before March 6October 15, 20232024. (B) Right to Redeem the Notes on or After March 6October 15, 20232024. Subject to the terms of this Section 4.03, the Company has the right, at its election, to redeem all, or any portion in an Authorized Denomination, of the Notes, at any time and from time to time, on a Redemption Date on or after March 6October 15, 2023 2024 and on or before the fortieth thirtieth (40th30th) Scheduled Trading Day immediately before the Maturity Date, for a cash purchase price equal to the Redemption Price, but only if (1) the Last Reported Sale Price per share of Common Stock exceeds one hundred and thirty percent (130%) of the Conversion Price on (i) each of at least twenty (20) Trading Days (whether or not consecutive) during the thirty (30) consecutive Trading Days ending on, and including, the Trading Day immediately before the Redemption Notice Date for such Redemption; and (ii) the Trading Day immediately before such Redemption Notice Date; and (2) the Liquidity Conditions have been satisfied. For the avoidance of doubt, the calling of any Notes for Redemption will constitute a Make-Whole Fundamental Change with respect to such Notes pursuant to clause (B) of the definition thereof.

Appears in 1 contract

Samples: Indenture (SoFi Technologies, Inc.)

Right of the Company to Redeem the Notes. (A) No Right to Redeem Before March 6July 20, 2023. The Company may not redeem the Notes at its option at any time before March 6July 20, 2023. (B) Right to Redeem the Notes on or After March 6July 20, 2023. Subject to the terms of this Section 4.03, the Company has the right, at its election, to redeem all, or any portion in an Authorized Denominationbut not less than all, of the Notes, at any time and from time to time, on a Redemption Date occurring on or after March 6July 20, 2023 and on or before the fortieth (40th) Scheduled Trading Day immediately before the Maturity Date2023, for a cash purchase price equal to the Redemption Price, but only if the Last Reported Sale Price per share of Common Stock exceeds one hundred and thirty percent (130%) of the Conversion Price on (i) each of at least twenty (20) Trading Days (whether or not consecutive) during the thirty (30) consecutive Trading Days ending on, and including, the Trading Day immediately before the Redemption Notice Date for such Redemption; and (ii) the Trading Day immediately before such Redemption Notice Date. For the avoidance of doubt, the calling of any Notes for Redemption will constitute a Make-Whole Fundamental Change pursuant to clause (B) of the definition thereof.

Appears in 1 contract

Samples: First Supplemental Indenture (Xeris Pharmaceuticals Inc)

Right of the Company to Redeem the Notes. (A) No Right to Redeem Before March 6October 8, 2023. The Company may not redeem the Notes at its option at any time before March 6October 8, 2023. (B) Right to Redeem the Notes on or After March 6October 8, 2023. Subject to the terms of this Section 4.03, the Company has the right, at its election, to redeem all, or any portion in an Authorized Denomination, of the Notes, at any time and from time to time, on a Redemption Date on or after March 6October 8, 2023 and on or before the fortieth (40th) Scheduled Trading Day immediately before the Maturity Date, for a cash purchase price equal to the Redemption Price, but only if the Last Reported Sale Price per share of Common Stock exceeds one hundred and thirty percent (130%) of the Conversion Price on (i) each of at least twenty (20) Trading Days (whether or not consecutive) during the thirty (30) consecutive Trading Days ending on, and including, the Trading Day immediately before the Redemption Notice Date for such Redemption; and (ii) the Trading Day immediately before such Redemption Notice Date. For the avoidance of doubt, the calling of any Notes for Redemption will constitute a Make-Whole Fundamental Change with respect to such Notes pursuant to clause (B) of the definition thereof.

Appears in 1 contract

Samples: Indenture (MultiPlan Corp)

Right of the Company to Redeem the Notes. (A) No Right to Redeem Before March 6January 20, 20232024. The Company may not redeem the Notes at its option at any time before March 6January 20, 20232024. (B) Right to Redeem the Notes on or After March 6January 20, 20232024. Subject to the terms of this Section 4.03, the Company has the right, at its election, to redeem all, or any portion in an Authorized Denomination, of the Notes, at any time and from time to time, on a Redemption Date on or after March 6January 20, 2023 2024 and on or before the fortieth (40th) Scheduled Trading Day immediately before the Maturity Date, for a cash purchase price equal to the Redemption Price, but only if the Last Reported Sale Price per share of Common Stock exceeds one hundred and thirty percent (130%) of the Conversion Price on (i) each of at least twenty (20) Trading Days (whether or not consecutive) during the thirty (30) consecutive Trading Days ending on, and including, the Trading Day immediately before the Redemption Notice Date for such Redemption; and (ii) the Trading Day immediately before such Redemption Notice Date. For the avoidance of doubt, the calling of any Notes for Redemption will constitute a Make-Whole Fundamental Change with respect to such Notes pursuant to clause (B) of the definition thereof.

Appears in 1 contract

Samples: Indenture (Bentley Systems Inc)

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Right of the Company to Redeem the Notes. (A) No Right to Redeem Before March 6May 22, 2023. The Company may not redeem the Notes at its option at any time before March 6May 22, 2023. (B) Right to Redeem the Notes on or After March 6May 22, 2023. Subject to the terms of this Section 4.03, the Company has the right, at its election, to redeem all, or any portion in an Authorized Denomination, of the Notes, at any time and from time to time, on a Redemption Date on or after March 6May 22, 2023 and on or before the fortieth (40th) Scheduled Trading Day immediately before the Maturity Date, for a cash purchase price equal to the Redemption Price, but only if the Last Reported Sale Price per share of Common Stock exceeds one hundred and thirty percent (130%) of the Conversion Price on (i) each of at least twenty (20) Trading Days (whether or not consecutive) during the thirty (30) consecutive Trading Days ending on, and including, the Trading Day immediately before the Redemption Notice Date for such Redemption; and (ii) the Trading Day immediately before such Redemption Notice Date. For the avoidance of doubt, the calling of any Notes for Redemption will constitute a Make-Whole Fundamental Change with respect to such Notes pursuant to clause (B) of the definition thereof.

Appears in 1 contract

Samples: Indenture (National Vision Holdings, Inc.)

Right of the Company to Redeem the Notes. (A) No Right to Redeem Before March 6May 20, 20232025. The Company may not redeem the Notes at its option at any time before March 6May 20, 20232025. (B) Right to Redeem the Notes on or After March 6May 20, 20232025. Subject to the terms of this Section 4.03, the Company has the right, at its election, to redeem all, or any portion (subject to the Partial Redemption Limitation described in Section 4.03(C)) in an Authorized Denomination, of the Notes, at any time time, and from time to time, on a Redemption Date on or after March 6May 20, 2023 2025 and on or before the fortieth (40th) 40th Scheduled Trading Day immediately before the Maturity Date, for a cash purchase price equal to the Redemption Price, but only if (1) the Last Reported Sale Price per share of Common Stock exceeds one hundred and thirty percent (130%) of the Conversion Price on (ix) each of at least twenty (20) Trading Days (whether or not consecutive) during the thirty (30) consecutive Trading Days ending on, and including, the Trading Day immediately before the Redemption Notice Date for such Redemption; and (iiy) the Trading Day immediately before such Redemption Notice DateDate and (2) the Liquidity Conditions have been satisfied. For the avoidance of doubt, the calling of any Notes for Redemption will constitute a Make-Whole Fundamental Change with respect to such Notes pursuant to clause (B) of the definition thereof.

Appears in 1 contract

Samples: Indenture (Desktop Metal, Inc.)

Right of the Company to Redeem the Notes. (A) No Right to Redeem Before March 6February 20, 20232024. The Company may not redeem the Notes at its option at any time before March 6February 20, 20232024. (B) Right to Redeem the Notes on or After March 6February 20, 20232024. Subject to the terms of this Section 4.03, the Company has the right, at its election, to redeem all, or any portion (subject to the Partial Redemption Limitation) in an Authorized Denomination, of the Notes, at any time time, and from time to time, on a Redemption Date on or after March 6February 20, 2023 2024 and on or before the fortieth twentieth (40th20th) Scheduled Trading Day immediately before the Maturity Date, for a cash purchase price equal to the Redemption Price, but only if the Last Reported Sale Price per share of Common Stock exceeds one hundred and thirty percent (130%) of the Conversion Price on (i) each of at least twenty (20) Trading Days (whether or not consecutive) during the thirty (30) consecutive Trading Days ending on, and including, the Trading Day immediately before the Redemption Notice Date for such Redemption; and (ii) the Trading Day immediately before such Redemption Notice Date. For the avoidance of doubt, the calling of any Notes for Redemption will constitute a Make-Whole Fundamental Change with respect to such Notes pursuant to clause (B) of the definition thereof.

Appears in 1 contract

Samples: Indenture (Peloton Interactive, Inc.)

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