Examples of Notice and Offer to Prepay in a sentence
The Company will not take any action that consummates or finalizes a Change of Control unless (i) not less than thirty (30) days and not more than sixty (60) days prior to such action, the Company shall have delivered to each holder of a Note a Section 8.3 Notice and Offer to Prepay pursuant to Section 8.3(c) below, and (ii) contemporaneously with such action, it prepays all Notes required to be prepaid in accordance with this Section 8.3.
In the event that such Change of Control does not occur on the Section 8.3 Special Prepayment Date or within one hundred eighty (180) days thereafter, the Obligors shall not permit any Change of Control to occur unless it delivers a new Section 8.3 Notice and Offer to Prepay and otherwise complies anew with the provisions of this Section 8.3.
No failure by the Company to deliver a Section 8.3 Notice and Offer to Prepay to any holder shall limit such holder’s right to exercise such election and require the Company to effect such offer of prepayment within a reasonable time period after such holder becomes aware of such Change of Control.
In the event of the occurrence of a Change of Control, the Company shall, within 10 days thereafter, deliver to each holder of a Note a Section 8.3 Notice and Offer to Prepay pursuant to Section 8.3(c), unless the Company already delivered an earlier Section 8.3 Notice and Offer to Prepay in respect of such Change of Control pursuant to Section 8.3(b) below.
No failure by the Company to deliver a Section 8.2 Notice and Offer to Prepay to any holder of a Note shall limit the holder's right to exercise such election.
In the event that a Change of Control (as defined in Section 8.2(d) hereof) is to occur, the Company shall (i) deliver to each holder of a Note a Section 8.2 Notice and Offer to Prepay pursuant to Section 8.2(b) hereof and (ii) unless such holder declines prepayment as to one or more Notes it holds by delivering a Section 8.2(c) Response pursuant to Section 8.2(c) hereof, prepay all, but not less than all, of the Notes held by such holder as to which prepayment is not declined, as hereinafter provided.
Such Section 8.2(c) Response shall be delivered to the Company (i) on or before the fifteenth (15th) Business Day prior to the Section 8.2 Special Prepayment Date if the Company delivers a Section 8.2 Notice and Offer to Prepay pursuant to Section 8.2(b) or (ii) at any time on or prior to the Section 8.2 Special Prepayment Date if the Company fails to deliver a Section 8.2 Notice and Offer to Prepay.
To elect prepayment pursuant to this Section 8.4, a holder of Notes shall deliver to the Company, on or before the twenty-fifth day following the date of receipt of the Notice and Offer to Prepay, written notice of such holder of Notes' election to exercise its right to be prepaid pursuant to this Section 8.4 (an "ACCEPTANCE").
One Crown Way Xxxxxxxxxxxx, XX 00000 Attention: Chairman of the Board of Directors If to the Executive: William J.
No failure by the Co-Issuers to deliver a Section 9.7 Notice and Offer to Prepay to any holder shall limit such holder's right to exercise such election.