Common use of Triggering Distribution Clause in Contracts

Triggering Distribution. Upon the occurrence of a Triggering Distribution, each holder of Securities shall have the right, in accordance with this Section 4.09 and Article XIII hereof, to require the Company to repurchase all or any part (equal to $1,000 or an integral multiple thereof) of such holder’s Securities pursuant to the terms of Article XIII hereof (the “Repurchase Offer”) at a purchase price equal to 100% of the principal amount thereof, together with any accrued and unpaid interest (the “Repurchase Payment”) to the repurchase date, which repurchase date shall be on or prior to the distribution date for such Triggering Distribution (the “Repurchase Payment Date”). Notwithstanding anything herein to the contrary, in the event that such Triggering Distribution is not so paid or made, all of such holder’s rights to require the Company to repurchase their Securities pursuant to this Section 4.09 and Article XIII hereof as a result of such Triggering Distribution shall terminate and any pending Repurchase Offer shall be rescinded.

Appears in 2 contracts

Samples: Indenture (Intevac Inc), Indenture (Intevac Inc)

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Triggering Distribution. Upon the occurrence of a Triggering Distribution, each holder of Securities shall have the right, in accordance with this Section 4.09 and Article XIII hereof, to require the Company to repurchase all or any part (equal to $1,000 or an integral multiple thereof) of such holder’s Securities pursuant to the terms of Article XIII hereof (the “Repurchase Offer”) at a purchase price equal to 100% of the principal amount thereof, together with any accrued and unpaid interest (the “Repurchase Payment”) to the repurchase date, which repurchase date shall be on or prior to that is 180 days following the distribution date for such Triggering Distribution (the “Repurchase Payment Date”). Notwithstanding anything herein to the contrary, in the event that such Triggering Distribution is not so paid or made, all of such holder’s rights to require the Company to repurchase their Securities pursuant to this Section 4.09 and Article XIII hereof as a result of such Triggering Distribution shall terminate and any pending Repurchase Offer shall be rescinded.

Appears in 1 contract

Samples: Indenture (Intevac Inc)

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Triggering Distribution. Upon the occurrence of a Triggering Distribution, each holder of Securities shall have the right, in accordance with this Section 4.09 and Article XIII hereof, to require the Company to repurchase all or any part (equal to $1,000 or an integral multiple thereof) of such holder’s 's Securities pursuant to the terms of Article XIII hereof (the "Repurchase Offer") at a purchase price equal to 100% of the principal amount thereof, together with any accrued and unpaid interest (the "Repurchase Payment") to the repurchase date, which repurchase date shall be on or prior to the distribution date for such Triggering Distribution (the "Repurchase Payment Date"). Notwithstanding anything herein to the contrary, in the event that such Triggering Distribution is not so paid or made, all of such holder’s 's rights to require the Company to repurchase their Securities pursuant to this Section 4.09 and Article XIII hereof as a result of such Triggering Distribution shall terminate and any pending Repurchase Offer shall be rescinded.

Appears in 1 contract

Samples: Indenture (Intevac Inc)

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