Examples of Notice of Fundamental Change in a sentence
The Corporation shall be required to purchase the shares of Series G Preferred Stock surrendered for repurchase no less than twenty (20) days nor more than thirty-five (35) days after the date of the Corporation’s delivery of Notice of the Fundamental Change, subject to extension to comply with applicable law (as set forth in the Notice of Fundamental Change, the “ Fundamental Change Repurchase Date”).
To understand the Offer fully and for a more complete description of the terms of the Offer, the Company urges you to read carefully the remainder of this Notice of Fundamental Change and Offer to Repurchase (as amended and supplemented from time to time, this “Offer to Repurchase”) because the information in this summary is not complete and this document contains additional important information.
The Schedule 14D-9 indicates that note holders will be entitled to Additional Common Stock only if they convert between the purchase of the shares in the Tender Offer and the “Fundamental Change Purchase Date” which will be a date not more than 35 nor less than 20 days after Sybase sends a Notice of Fundamental Change after the closing of the Tender Offer.
A list of the directors and executive officers of the Company is attached to this Notice of Fundamental Change as Annex A.
Except as otherwise disclosed below, based on a reasonable inquiry by the Company: • none of the Company or its executive officers, directors, subsidiaries or other affiliates has any beneficial interest in the Notes; • the Company will not purchase any Notes from such persons; and • during the 60 days preceding the date of this Notice of Fundamental Change, none of such officers, directors or affiliates has engaged in any transactions in the Notes.
The Fundamental Change Purchase Right is subject, in all respects, to the terms and conditions of the Indenture, the Notes and this Offer to Purchase and Notice of Fundamental Change Notice, Make-Whole Fundamental Change and Entry into Supplemental Indenture (this “Notice”) and any related notice materials, as amended and supplemented from time to time.
The remainder of this Notice of Fundamental Change contains more detailed information regarding the Fundamental Change Purchase Right.
The purchase by the Company of validly surrendered Notes is not subject to any condition other than such purchase being lawful and the procedural requirements described in this Notice of Fundamental Change being satisfied.
As a result of the consummation of the Offer and the Merger, which occurred on the Fundamental Change Effective Date, each Holder of the Notes has the Fundamental Change Repurchase Right described in this Notice of Fundamental Change.
The Company is incorporating by reference in this Notice of Fundamental Change some of the information that we file with the SEC, which means that we may disclose important information to you by referring you to those documents.