Special Provisions for Partial Calls. If the Company elects to redeem less than all of the outstanding Notes pursuant to this Section 4.03, and the Holder of any Note, or any owner of a beneficial interest in any Global Note, is reasonably not able to determine, before the Close of Business on the twenty seventh (27th) Scheduled Trading Day (or, if, in accordance with Section 5.03(A)(iii), the Company has elected to settle all conversions of Notes with a Conversion Date that occurs during the related Redemption Conversion Period, the tenth (10th) calendar day) immediately before the Redemption Date for such Redemption, whether such Note or beneficial interest, as applicable, is to be redeemed pursuant to such Redemption, then such Holder or owner, as applicable, will be entitled to convert such Note or beneficial interest, as applicable, at any time before the Close of Business on the second (2nd) Scheduled Trading Day immediately before such Redemption Date (subject to extension of the Redemption Conversion Period pursuant to Section 4.03(F)(v)), and each such conversion will be deemed to be of a Note called for Redemption for purposes of this Section 4.03 and Sections 5.01(C)(i)(4) and 5.07. The Trustee will have no obligation to make any determination in connection with the foregoing.
Appears in 1 contract
Samples: Indenture (Bloom Energy Corp)
Special Provisions for Partial Calls. If the Company elects to redeem less than all of the outstanding Notes pursuant to this Section 4.03, and the Holder of any Note, or any owner of a beneficial interest in any Global Note, is reasonably not able to determine, before the Close of Business on the twenty forty-seventh (27th47th) Scheduled Trading Day (or, if, in accordance with Section 5.03(A)(iii5.03(A)(i)(3), the Company has elected to settle all conversions of Notes with a Conversion Date that occurs during the related Redemption Conversion Period, the tenth (10th) calendar day) immediately before the Redemption Date for such Redemption, whether such Note or beneficial interest, as applicable, is to be redeemed pursuant to such Redemption, then such Holder or owner, as applicable, will be entitled to convert such Note or beneficial interest, as applicable, at any time before the Close of Business on the second (2nd) Scheduled Trading Day immediately before such Redemption Date (subject to extension of the Redemption Conversion Period pursuant to Section 4.03(F)(v5.01(C)(ii)(3)), and each such conversion will be deemed to be of a Note called for Redemption for purposes of this Section 4.03 and Sections 5.01(C)(i)(4) and 5.07. The Trustee will have no obligation to make any determination in connection with the foregoing.
Appears in 1 contract
Samples: Indenture (Bloom Energy Corp)
Special Provisions for Partial Calls. If the Company elects to redeem less than all of the outstanding Notes, at least fifty million dollars ($50,000,000) aggregate principal amount of Notes must be outstanding and not subject to Redemption as of the relevant Redemption Notice Date. In addition, if the Company elects to redeem less than all of the outstanding Notes pursuant to this Section 4.03, and the Holder of any Note, or any owner of a beneficial interest in any Global Note, is reasonably not able to determine, before the Close of Business on the twenty twenty-seventh (27th) Scheduled Trading Day (or, if, in accordance with Section 5.03(A)(iii), the Company has elected to settle all conversions of Notes with a Conversion Date that occurs during the related Redemption Conversion Period, the tenth (10th) calendar day) immediately before the Redemption Date for such Redemption, whether such Note or beneficial interest, as applicable, is to be redeemed pursuant to such Redemption, then such Holder or owner, as applicable, will be entitled to convert such Note or beneficial interest, as applicable, at any time before the Close of Business on the second (2nd) Scheduled Trading Business Day immediately before such Redemption Date (subject to extension of the Redemption Conversion Period pursuant to Section 4.03(F)(v))Date, and each such conversion will be deemed to be of a Note called for Redemption for purposes of this Section 4.03 and Sections 5.01(C)(i)(4) and 5.07. The Trustee will have no obligation to make any determination in connection with the foregoing.
Appears in 1 contract
Samples: Vail Resorts Inc
Special Provisions for Partial Calls. If the Company elects to redeem less than all of the outstanding Notes pursuant to this Section 4.03Article 16, and the Holder of any Note, or any owner of a beneficial interest in any Global Note, is reasonably not able to determine, in good faith, before the Close close of Business business on the twenty seventh (27th) 27th Scheduled Trading Day (or, if, in accordance with Section 5.03(A)(iiiSection 14.02(a)(iii), the Company has elected to settle irrevocably elects Physical Settlement for all conversions of Notes with a Conversion Date that occurs during on or after the date of the related Notice of Redemption and before the related Redemption Conversion PeriodDate, the tenth (10th) calendar day) immediately before the relevant Redemption Date for such RedemptionDate, whether such Note or beneficial interest, as applicable, is to be redeemed pursuant to such Redemptionredemption, then such Holder or owner, as applicable, will shall be entitled to convert such Note or beneficial interest, as applicable, at any time before the Close close of Business business on the second (2nd) Scheduled Trading Business Day immediately before such Redemption Date (subject to extension of the Redemption Conversion Period pursuant to Section 4.03(F)(v))Date, and each such conversion will shall be deemed to be of a Note called for Redemption redemption for purposes of this Section 4.03 Article 16 and Sections 5.01(C)(i)(4Section 14.01(b)(v) and 5.07. The Trustee will have no obligation to make any determination in connection with the foregoingSection 14.03.
Appears in 1 contract
Samples: Indenture (Teladoc Health, Inc.)
Special Provisions for Partial Calls. If the Company elects to redeem less than all of the outstanding Notes pursuant to this Section 4.03, and the Holder of any Note, or any owner of a beneficial interest in any Global Note, is reasonably not able to determine, before the Close of Business on the twenty seventh forty second (27th42nd) Scheduled Trading Day (or, if, in accordance with Section 5.03(A)(iii), if the Company has elected to settle irrevocably elects Physical Settlement for all conversions of Notes with a Conversion Date that occurs during on or after the related Redemption Conversion PeriodNotice Date and before the Related Redemption Date, the tenth (10th) calendar day) immediately before the Redemption Date for such Redemption, whether such Note or beneficial interest, as applicable, is to be redeemed pursuant to such Redemption, then such Holder or owner, as applicable, will be entitled to convert such Note or beneficial interest, as applicable, at any time before the Close of Business on the second (2nd) Scheduled Trading Business Day immediately before such Redemption Date (subject to extension of the Redemption Conversion Period pursuant to Section 4.03(F)(v))Date, and each such conversion will be deemed to be of a Note called for Redemption for purposes of this Section 4.03 and Sections 5.01(C)(i)(4) and 5.07. The Trustee will have no obligation to make any determination in connection with the foregoing.
Appears in 1 contract
Samples: National Vision Holdings, Inc.