Common use of Rights Offering Notices Clause in Contracts

Rights Offering Notices. The Company hereby agrees and undertakes to give the Investors (and their counsel and financial advisors) by email or facsimile transmission, on each Friday during the Rights Exercise Period (beginning on the first full week after the commencement of the Rights Exercise Period) and on each Business Day during the five (5) Business Days prior to the Rights Expiration Time (and any extensions thereto), a written notice setting forth a true and accurate calculation of the aggregate number of Rights known by the Company to have been exercised pursuant to the Rights Offering as of the close of business on the preceding Business Day, or alternatively, the number of Unsubscribed Notes. No later than the fifth (5th) Business Day following the Rights Expiration Time, the Company hereby agrees and undertakes to give the Investors (and their counsel and financial advisors) by email or facsimile transmission, the certification by an authorized signatory of the Company conforming to the requirements specified herein for such certification of either (i) a true and accurate calculation of the number of Unsubscribed Notes, and the aggregate Purchase Price therefor (a “Purchase Notice”) or (ii) in the absence of any Unsubscribed Notes, the fact that there are no Unsubscribed Notes and that the Backstop Commitments are terminated (a “Satisfaction Notice”). The Company shall as promptly as practicable provide any written backup, information and documentation relating to the information contained in the Purchase Notice or Satisfaction Notice, as applicable, as any Investor may reasonably request.

Rights Offering Notices. The Company hereby agrees and undertakes to give the Investors (and their counsel and financial advisors) by email or facsimile transmission, on each Friday during the Rights Exercise Period (beginning on the first full week after the commencement of the Rights Exercise Period) and on each Business Day during the five (5) Business Days prior to the Rights Expiration Time (and any extensions thereto), a written notice setting forth a true and accurate calculation of the aggregate number of Rights known by the Company to have been exercised pursuant to the Rights Offering as of the close of business on the preceding Business Day, or alternatively, the number of Unsubscribed Notes. No later than the fifth (5th) Business Day following the Rights Expiration Time, the Company hereby agrees and undertakes to give the Investors (and their counsel and financial advisors) by email or facsimile transmission, a certification by an authorized signatory of the Company conforming to the requirements specified herein for such certification of the aggregate number of Rights to have been exercised pursuant to the Rights Offering. No later than one (1) Business Day following the determination made pursuant to Section 1(c), the Company hereby agrees and undertakes to give the Investors (and their counsel and financial advisors) by email or facsimile transmission, a certification by an authorized signatory of the Company conforming to the requirements specified herein for such certification of either (i) a true and accurate calculation of the number of Unsubscribed NotesShares, and the aggregate purchase price therefor (calculated by multiplying the number of Unsubscribed Shares by the Purchase Price therefor Price) and any Unsubscribed New Second Lien Loans (a “Purchase Notice”) or (ii) in the absence of any Unsubscribed NotesShares and Unsubscribed New Second Lien Loans, the fact that there are no Unsubscribed Notes Shares or Unsubscribed New Second Lien Loans (to the extent applicable) and that the Backstop Commitments are terminated (a “Satisfaction Notice”). The Company shall as promptly as practicable provide any written backup, information and documentation relating to the information contained in the Purchase Notice or Satisfaction Notice, as applicable, as any Investor may reasonably request.

Rights Offering Notices. The Company hereby agrees and undertakes to give the Investors (and their counsel and financial advisors) by email or facsimile transmission, on each Friday during the Rights Exercise Period (beginning on the first full week after the commencement of the Rights Exercise Period) and on each Business Day during the five (5) Business Days prior to the Rights Expiration Time (and any extensions thereto), a written notice setting forth a true and accurate calculation of the aggregate number of Rights known by the Company to have been exercised pursuant to the Rights Offering as of the close of business on the preceding Business Day, or alternatively, the number of Unsubscribed Notes. No later than the fifth (5th) Business Day following the Rights Expiration Time, the Company hereby agrees and undertakes to give the Investors (and their counsel and financial advisors) by email or facsimile transmission, a certification by an authorized signatory of the Company conforming to the requirements specified herein for such certification of the aggregate number of Rights to have been exercised pursuant to the Rights Offering. No later than one (1) Business Day following the determination made pursuant to Section 1(c), the Company hereby agrees and undertakes to give the Investors (and their counsel and financial advisors) by email or facsimile transmission, a certification by an authorized signatory of the Company conforming to the requirements specified herein for such certification of either (i) a true and accurate calculation of the number of Unsubscribed NotesShares, and the aggregate purchase price therefor (calculated by multiplying the number of Unsubscribed Shares by the Purchase Price therefor Price) and any Unsubscribed New Second Lien Loans (a “Purchase Notice”) or (ii) in the absence of any Unsubscribed NotesShares and Unsubscribed New Second Lien Loans, the fact that there are no Unsubscribed Notes Shares or Unsubscribed New Second Lien Loans (to the extent applicable) and that the Backstop Commitments are terminated (a “Satisfaction Notice”). The Company shall as promptly as practicable provide any written backup, information and documentation relating to the information contained in the Purchase Notice or Satisfaction Notice, as applicable, as any Investor may reasonably request. 2.