Incurrence Event definition
Examples of Incurrence Event in a sentence
The date of the anticipated Change of Control Effective Time or Incurrence Event, as applicable, will be determined in good faith by the Company.
The Company shall deliver to the Holder notice of a Change of Control Event or Incurrence Event, as applicable, not less than ten (10) calendar days prior to any anticipated Change of Control Effective Time or Incurrence Event; provided, that if the Company does not have ten (10) calendar days’ prior knowledge of such Change of Control Effective Time or Incurrence Event, as applicable, it shall provide such notice as soon as practicable after obtaining knowledge thereof.
To the extent that the Change of Control Event or Incurrence Event, as applicable, does not occur on the anticipated date contemplated in the notice delivered pursuant to this Section 5(c), the Company shall deliver notice upon the consummation of the Change of Control Event or Incurrence Event, as applicable, and shall make payment of the COC Redemption Amount or Incurrence Event Redemption Amount, as applicable, on such date.
Subject to, and immediately upon, the occurrence of an Incurrence Event prior to the Maturity Date, the Company shall redeem this Note (or portion thereof, as determined as set forth in the Note Purchase Agreement) for an amount in cash equal to the Note Obligations Amount in accordance with Section 5(c) and Section 9(c).
Subject to, and immediately upon, the occurrence of an Incurrence Event prior to the Maturity Date or any Initial Conversion Date, the Company shall redeem this Note (or portion thereof, as determined as set forth in the Note Purchase Agreement) for an amount in cash equal to the Incurrence Event Redemption Amount in accordance with Section 5(c) and Section 9(c).
For the avoidance of doubt, the Company shall not be required to redeem, pursuant to this Section 5(b), any portion of the Note Obligations Amount that constitutes a Conversion Date Amount that has been converted on a Conversion Date that occurred prior to the effectiveness of such Incurrence Event.
To the extent that the Change of Control Event or Incurrence Event, as applicable, does not occur on the anticipated date contemplated in the notice delivered pursuant to this Section 5(c), the Company shall deliver notice upon the consummation of the Change of Control Event or Incurrence Event, as applicable, and shall make payment of the Note Obligations Amount on such date.
Nothing in this Section shall be deemed to limit any obligation of the Company or any of its Subsidiaries hereunder or under the Depositary Agreement to deposit (or cause to be deposited), promptly upon receipt, the proceeds in respect of any Disposition, Equity Issuance, Debt Incurrence, Event of Loss or Project Document Claim in the appropriate Project Account in accordance with the Depositary Agreement.
Nothing in this Section shall be deemed to limit any obligation of the Company or any of its Subsidiaries hereunder or under the Depositary Agreement to deposit (or cause to be deposited), promptly upon receipt, the proceeds in respect of any Disposition, Equity Issuance, Debt Incurrence, Event of Loss or Project Document Claim in the appropriate Account in accordance with the Depositary Agreement.