Examples of Fundamental Change Repurchase Election in a sentence
Shares of Convertible Preferred Stock in respect of which a Fundamental Change Repurchase Election has been given by the holder thereof may not be converted pursuant to Section 7 hereof on or after the date of the delivery of such Fundamental Change Repurchase Election unless such notice has first been validly withdrawn.
Upon receipt by the Transfer Agent of a Fundamental Change Repurchase Election, the holder of the share of Convertible Preferred Stock in respect of which such election was given shall (unless such notice is validly withdrawn) thereafter be entitled to receive solely the Fundamental Change Repurchase Price and, if applicable, the Make-Whole Premium with respect to such share of Convertible Preferred Stock.
The Transfer Agent will promptly notify the Corporation of the receipt by it of any Fundamental Change Repurchase Election or written notice of withdrawal thereof.
If a holder fails to indicate such holder’s choice with respect to the election set forth in Section 8(c)(i)(4), such holder shall be deemed to have elected to receive cash in respect of the entire Fundamental Change Repurchase Price and/or Make-Whole Premium for all shares of Convertible Preferred Stock subject to such Fundamental Change Repurchase Election in the circumstances set forth in Section 8(c)(i)(4).
Holders have the right to withdraw a Fundamental Change Repurchase Election by delivering to the Paying Agent a written notice of withdrawal up to 5:00 p.m., New York City time, on the Business Day immediately preceding the Fundamental Change Repurchase Date, all as provided in the Indenture.
If a holder fails to indicate such holder's choice with respect to the election set forth in Section 3.05(c)(i)(D), such holder shall be deemed to have elected to receive cash in respect of the entire Fundamental Change Repurchase Price for all Debentures subject to such Fundamental Change Repurchase Election in the circumstances set forth in Section 3.05(c)(i)(D).
However, I want to suggest that Plato might have in mind something that played very large role in Greek life: making claims based on poetry and the arts.As we can see from books III and X of the Republic, art and poetry contain reflections that are a third remove from reality.
Stultz and Johnson (1985) develop this point in a model where thelong term, the seniority of the bank debt can be a useful way of curbing the overinvestment problem.
For a Note to be so repurchased at the option of the holder, the Company must receive at the office or agency of the Company maintained for that purpose in accordance with the terms of the Indenture, such Note with the form entitled "Form of Fundamental Change Repurchase Election" on the reverse thereof duly completed, together with such Note, duly endorsed for transfer, before the close of business on the Business Day immediately preceding the Fundamental Change Repurchase Date.
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