Examples of Company Repurchase Election in a sentence
The Trustee (or other Paying Agent appointed by the Company) shall promptly notify the Company of the receipt by it of any Company Repurchase Election or written notice of withdrawal thereof.
Notes in respect of which a Company Repurchase Election has been given by the Holder thereof may not be converted pursuant to Article 12 hereof on or after the date of the delivery of such Company Repurchase Election unless such election has first been validly withdrawn pursuant to Section 10.12(d) below.
Holders have the right to withdraw any Change in Control Repurchase Election or a Company Repurchase Election by delivering to the Trustee (or other Paying Agent appointed by the Company) a written notice of withdrawal up to (1) the close of business on the Business Day prior to the Change in Control Repurchase Date or (2) the close of business on the Company Repurchase Date, as the case may be, all as provided in the Indenture.
The Paying Agent will promptly return to the respective Holders thereof any Notes (x) with respect to which a Company Repurchase Election has been withdrawn in compliance with this Indenture or (y) held by it during the continuance of an Event of Default (other than a default in the payment of the Company Repurchase Price with respect to such Notes) in which case, upon such return, the Company Repurchase Election with respect thereto shall be deemed to have been withdrawn.
If a Holder fails to indicate such Holder’s choice with respect to the election set forth in Section 10.9, such Holder shall be deemed to have withdrawn the Company Repurchase Election in the circumstances set forth in Section 10.9(c)(i).
Pursuant to the Indenture, the Company Repurchase Election must contain:· the certificate number of the Notes being delivered for repurchase;· the portion of the principal amount of the Notes which will be delivered to be repurchased, which portion must be in principal amounts of $1,000 at maturity or an integral multiple thereof; and· a statement that such Notes shall be purchased as of the Company Repurchase Date pursuant to the terms and conditions specified in the Indenture and the Notes.
If a Holder fails to indicate such Holder’s choice with respect to the election set forth in Section 10.9, such Holder shall be deemed to have withdrawn the Company Repurchase Election in the circumstances set forth in Section 10.9(c)(i)(C).
If a holder fails to indicate on such holders’ Company Repurchase Election such holder’s choice with respect to the election set forth in Section 3.06(c)(i)(D), such holder shall be deemed to have elected to receive cash in respect of the entire Company Repurchase Price for all Notes subject to such Company Repurchase Election in the circumstances set forth in Section 3.06(c)(i)(D).
In surrendering through PTS, the electronic instructions sent to DTC by the Holder and transmitted by DTC to the Paying Agent will acknowledge, on behalf of DTC and the Holder, receipt by the Holder of and an agreement to be bound by the Company Repurchase Election; and· delivering to the Paying Agent’s account at DTC through DTC’s book-entry system his, her or its beneficial interest in the Notes.
The method of delivery of the Notes, the related Company Repurchase Election and all other required documents, including delivery through DTC and acceptance through DTC’s PTS, is at the election and risk of the person surrendering such Notes and delivering such Company Repurchase Election and delivery will be deemed made only when actually received by the Paying Agent.