Examples of Optional Repurchase Right in a sentence
Notwithstanding anything to the contrary in this Section 4.03, the Company will not be required to offer or effect any Optional Repurchase, and Holders will not have an Optional Repurchase Right, if the Company has called all then-outstanding Notes for Redemption prior to the applicable Optional Repurchase Date.
Subject to Section 7(c) and the other terms of this Section 8, each Holder shall also be able to exercise the Optional Repurchase Right to require the Company to repurchase all, or any whole number of shares that is less than all, of such Holder’s Convertible Preferred Stock on an Optional Repurchase Date occurring on the date of the consummation of a Change of Control (whether before or after the Optional Repurchase Trigger Date) for a cash purchase price equal to the Optional Repurchase Price.
The Holders and the Company agree that following the exercise by the Holders of an Optional Repurchase Right pursuant to the preceding sentence, any obligation of the Company to pay the Optional Repurchase Price to the Holders is and shall be subordinate in right of payment to the prior indefeasible payment in full in cash of the Loan Document Obligations (as defined in the Existing Credit Agreement).
Neither the failure to deliver an Optional Repurchase Date Notice nor any defect in an Optional Repurchase Date Notice will limit the Optional Repurchase Right of any Holder or otherwise affect the validity of any proceedings relating to any Optional Repurchase.
Notwithstanding anything provided elsewhere in this Indenture, neither the failure of the Company to deliver an Optional Repurchase Right Notice nor a defect in an Optional Repurchase Right Notice delivered by the Company will limit the repurchase rights of any Holder under this Article 3 or impair or otherwise affect the validity of any proceedings relating to the repurchase of any Note pursuant to this Article 3.
No failure of the Company to give the foregoing notices or defect therein shall limit any Holder’s right to exercise an Optional Repurchase Right or affect the validity of the proceedings for the repurchase of Securities.
Optional Repurchase Right of Seller 90 ARTICLE VIII RIGHTS OF CERTIFICATEHOLDERS 91 Section 8.01.
Simultaneously with delivering any Optional Repurchase Right Notice to the Holders, the Trustee, the Conversion Agent and the Paying Agent, the Company will publish a notice containing the same information as the Optional Repurchase Right Notice in a newspaper of general circulation in the City of New York and on its website or through such other public medium as the Company may use at such time.
Cyberonics and the Indenture Trustee will enter into a Supplemental Indenture that grants each Holder of the Notes an Optional Repurchase Right under terms and conditions set forth in the Supplemental Indenture.
Optional Repurchase Right of Seller 94 ARTICLE VIII RIGHTS OF CERTIFICATEHOLDERS 95 Section 8.01.