Fundamental Change Payment Date definition

Fundamental Change Payment Date has the meaning ascribed to it in Section 4.6.
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Fundamental Change Payment Date has the meaning assigned to such term in Section 3.13(a).
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Fundamental Change Payment Date has the meaning specified in Section 3.2(b) of this Agreement.
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Examples of Fundamental Change Payment Date in a sentence

  • A conversion of Notes shall be deemed for these purposes to be “in connection with” such Make-Whole Fundamental Change if the relevant Notice of Conversion is received by the Conversion Agent during the period from, and including, the Effective Date of the Make-Whole Fundamental Change up to, and including, the Business Day immediately prior to the related Fundamental Change Payment Date (such period, the “Make-Whole Fundamental Change Period”).

  • Upon the occurrence of a Fundamental Change, the Company shall make a Fundamental Change Offer to repurchase in cash all outstanding Notes at a price equal to 100% of the aggregate principal amount of the Notes, plus accrued and unpaid interest up to, but not including, the Fundamental Change Payment Date, such offer to be made as provided in the Indenture.

  • The Issuer shall publicly announce the results of the Fundamental Change Offer on or as soon as practicable after the Fundamental Change Payment Date.

  • On the Fundamental Change Payment Date, the Issuer will, to the extent lawful: (1) accept for payment all Notes or portions of Notes (of a minimum of $1.00 or integral multiples of $1.00 in excess thereof) properly tendered pursuant to the Fundamental Change Offer; and (2) deliver or cause to be delivered to the Trustee the Notes so accepted together with an Officer’s Certificate stating the aggregate principal amount of Notes or portions of Notes being purchased by the Issuer.

  • To the extent the aggregate amount of cash deposited by the Issuer pursuant to this Section 3.2 exceeds the aggregate Fundamental Change Purchase Price of the Notes or portions thereof that the Issuer is obligated to purchase, then promptly after the Fundamental Change Payment Date, the Paying Agent or the Trustee, as the case may be, shall return such excess cash to the Issuer.

  • On or before the Fundamental Change Payment Date, the Issuer will, to the extent lawful, deposit with the Paying Agent (or if the Issuer is acting as its own Paying Agent, set aside, segregate and hold in trust) an amount equal to the Fundamental Change Purchase Price in respect of the Notes or portions of Notes properly tendered.

  • Payment of the Fundamental Change Payment shall be made by the Company in respect of Notes properly tendered pursuant to this Section on the day (the "Fundamental Change Payment Date") which shall be the business day succeeding the 60th day after the date of the notice of the applicable Fundamental Change.

  • Within 10 days of the occurrence of a Fundamental Change the Company shall notify the Trustee in writing of such occurrence and shall make an offer to purchase (the "Fundamental Change Offer") the Notes at a purchase price equal to 100% of the principal amount thereof plus any accrued and unpaid interest thereon to the Fundamental Change Payment Date (as hereinafter defined) (the "Fundamental Change Purchase Price") in accordance with the procedures set forth in this covenant.

  • On the Fundamental Change Payment Date, the Company shall (a) accept for payment Notes or portions thereof tendered pursuant to the Fundamental Change Offer, (b) deposit with the Paying Agent money sufficient to pay the purchase price of all Notes or portions thereof so tendered and (c) deliver or cause to be delivered to the Trustee Notes so accepted together with an Officers' Certificate stating the Notes or portions thereof tendered to the Company.

  • Within 10 days of the occurrence of a Fundamental Change, the Company shall notify the Trustee in writing of such occurrence and shall make an offer to purchase (the "Fundamental Change Offer") the Notes at a purchase price equal to 100% of the principal amount thereof plus any accrued and unpaid interest thereon to the Fundamental Change Payment Date (as hereinafter defined) (the "Fundamental Change Purchase Price") in accordance with the procedures set forth in this Section 2.7(b).


More Definitions of Fundamental Change Payment Date

Fundamental Change Payment Date. 4.6 "Event of Default" 6.1 "Expiration Time" 11.5 "fair market value" 11.5 "Legal Holiday" 10.7 "non-electing share" 11.5 "Paying Agent" 2.3 "Purchased Shares" 11.5 "Record Date" 11.5 "Registrar" 2.3 "Register" 2.3 "Securities" 11.5 "Trigger Event" 11.5
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Fundamental Change Payment Date shall have the meaning specified in Section 16.04(a).
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Related to Fundamental Change Payment Date

  • Fundamental Change Purchase Date has the meaning specified in Section 8.01(a).

  • Fundamental Change Repurchase Date shall have the meaning specified in Section 15.02(a).

  • Fundamental Change Purchase Price has the meaning specified in Section 5.01(a).

  • Make-Whole Fundamental Change Period shall have the meaning specified in Section 14.03(a).

  • Fundamental Change shall be deemed to have occurred at the time after the Notes are originally issued if any of the following occurs:

  • Make-Whole Fundamental Change means any transaction or event that constitutes a Fundamental Change (as defined above and determined after giving effect to any exceptions to or exclusions from such definition, but without regard to the proviso in clause (b) of the definition thereof).

  • Make-Whole Fundamental Change Effective Date means (A) with respect to a Make-Whole Fundamental Change pursuant to clause (A) of the definition thereof, the date on which such Make-Whole Fundamental Change occurs or becomes effective; and (B) with respect to a Make-Whole Fundamental Change pursuant to clause (B) of the definition thereof, the applicable Redemption Notice Date.

  • Fundamental Change Repurchase Price shall have the meaning specified in Section 15.02(a).

  • Fundamental Change Effective Date means the date on which any Fundamental Change becomes effective.

  • Fundamental Change Purchase Notice has the meaning specified in Section 3.01(a)(i).

  • Make-Whole Fundamental Change Conversion Period has the following meaning:

  • Fundamental Change Notice has the meaning specified in Section 8.02(a).

  • Fundamental Change Repurchase Notice shall have the meaning specified in Section 15.02(b)(i).

  • Repurchase Upon Fundamental Change means the repurchase of any Note by the Company pursuant to Section 4.02.

  • Non-Stock Fundamental Change means any Fundamental Change other than a Common Stock Fundamental Change.

  • Common Stock Fundamental Change means any Fundamental Change in which more than 50% of the value (as determined in good faith by the Board of Directors of the Company) of the consideration received by holders of Common Stock consists of common stock that, for the 10 Trading Days immediately prior to such Fundamental Change, has been admitted for listing or admitted for listing subject to notice of issuance on a national securities exchange or quoted on Nasdaq National Market, provided, however, that a Fundamental Change shall not be a Common Stock Fundamental Change unless either (i) the Company continues to exist after the occurrence of such Fundamental Change and the outstanding Preferred Stock continues to exist as outstanding Preferred Stock, or (ii) not later than the occurrence of such Fundamental Change, the outstanding Preferred Stock is converted into or exchanged for shares of convertible preferred stock, which convertible preferred stock has powers, preferences and relative, participating optional or other rights, and qualifications, limitations and restrictions substantially similar (but no less favorable) to those of the Preferred Stock.

  • Fundamental Change Expiration Time shall have the meaning specified in Section 16.02(b)(ix).

  • Principal Payment Date means, if applicable, each date designated as such in the Series Term Sheet.

  • Form of Fundamental Change Purchase Notice means the “Form of Fundamental Change Purchase Notice” attached as Attachment 2 to the Form of Note attached hereto as Exhibit A.

  • Change of Control Payment Date has the meaning provided in Section 4.15.

  • Change of Control Put Date shall have the meaning specified in Section 11.1.

  • Change of Control Purchase Date shall have the meaning specified in Section 10.1.

  • Form of Fundamental Change Repurchase Notice means the “Form of Fundamental Change Repurchase Notice” attached as Attachment 2 to the Form of Note attached hereto as Exhibit A.

  • Deferred Payment Date for a Participant means the date after the Restricted Period which is the earlier of (i) the date which the Participant has elected to defer receipt of Restricted Shares in accordance with Section 4.4 of this Restricted Share Plan; and (ii) the Participant’s Separation Date.

  • Change of Control Redemption Date shall have the meaning set forth in Section 7.2;

  • Next Payment Date means each date on which the next scheduled payment under any Transaction is due to be paid.