Early Tender Date definition
Examples of Early Tender Date in a sentence
Holders who have validly tendered their Notes in the applicable Offer after the applicable Early Tender Date but at or prior to the related Expiration Date, and whose Notes are accepted for purchase, will receive only the applicable Tender Offer Consideration specified in this Offer to Purchase, which is equal to the applicable Total Consideration minus the related Early Tender Payment.
Except as provided below, unless the Notes being tendered are deposited with the Tender Agent at or prior to the Early Tender Date or the Expiration Date, as the case may be (accompanied by a properly completed and duly executed Letter of Transmittal or a properly transmitted Agent’s Message), ▇▇▇▇▇ Beauty may, at its option, treat such tender as defective for purposes of the right to receive the Total Consideration or the Tender Offer Consideration, as applicable.
Furthermore, if the Offers are fully subscribed as of the Early Tender Date, Holders who validly tender Notes after the Early Tender Date will not have any of their Notes accepted for purchase.
In addition, if we change the Tender Cap, Minimum Offer Price and/or the Maximum Offer Price, then we will extend the Early Tender Date and the Expiration Date, if necessary, to ensure that we comply with applicable law.
For the withdrawal of a tendered Note to be valid, such withdrawal must comply with the procedures set forth in “—Withdrawal of Notes.” Subject to applicable law, the Company may (i) extend or otherwise amend the Early Tender Date or the Expiration Date, or (ii) increase the Tender Cap or the 2023 Series Cap without extending the Withdrawal Date or otherwise reinstating withdrawal rights of Holders except as required by law.
You should take note of the following dates in connection with the Offers: Early Tender Date 5:00 p.m., New York City time, on March 4, 2019, unless extended or earlier terminated in our sole discretion.
If delivery is by mail, it is suggested that the Holder use properly insured, registered mail with return receipt requested and that the mailing be made sufficiently in advance of the Expiration Date or the Early Tender Date, as applicable, to permit delivery to the Tender Agent at or prior to such date.
All counterparts will be construed together and will constitute one document.
If proration of the tendered Notes of any series is required, the Company will determine the final proration factor as soon as practicable after the Early Tender Date or the Expiration Date, as applicable.
Early Tender Consideration $30.00 in principal amount of New Secured Notes (in addition to the Exchange Consideration) to Eligible Holders who tender before the Early Tender Date.