Repurchase Offers. In the event that, pursuant to Sections 4.10 and 4.14 hereof, the Company shall be required to commence an offer to all Holders to purchase their respective Notes (a “Repurchase Offer”), it shall follow the procedures specified below. The Repurchase Offer shall remain open for a period of 20 Business Days following its commencement and no longer, except to the extent that a longer period is required by applicable law (the “Offer Period”). No later than five Business Days after the termination of the Offer Period (the “Purchase Date”), the Company shall purchase the principal amount of Notes required to be purchased pursuant to Sections 4.10 and 4.14 hereof (the “Offer Amount”) or, if less than the Offer Amount has been tendered, all Notes tendered in response to the Repurchase Offer. Payment for any Notes so purchased shall be made in the same manner as interest payments are made. If the Purchase Date is on or after an interest record date and on or before the related interest payment date, any accrued and unpaid interest shall be paid to the Person in whose name a Note is registered at the close of business on such record date, and no additional interest shall be payable to Holders who tender Notes pursuant to the Repurchase Offer. Upon the commencement of a Repurchase Offer, the Company shall send, by first class mail, a notice to the Trustee and each of the Holders, with a copy to the Trustee. The notice shall contain all instructions and materials necessary to enable such Holders to tender Notes pursuant to the Repurchase Offer. The Repurchase Offer shall be made to all Holders. The notice, which shall govern the terms of the Repurchase Offer, shall state:
(i) that the Repurchase Offer is being made pursuant to this Section 3.08 and Section 4.10 or Section 4.14 hereof, and the length of time the Repurchase Offer shall remain open;
(ii) the Offer Amount, the purchase price and the Purchase Date;
(iii) that any Note not tendered or accepted for payment shall continue to accrete or accrue interest and Liquidated Damages, if any;
(iv) that, unless the Company defaults in making such payment, any Note (or portion thereof) accepted for payment pursuant to the Repurchase Offer shall cease to accrete or accrue interest and Liquidated Damages, if any, after the Purchase Date;
(v) that Holders electing to have a Note purchased pursuant to a Repurchase Offer may elect to have Notes purchased in principal amounts of $2,000 or in integral multiples of $1,000 only;
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Repurchase Offers. In the event that the Company shall be required to commence an offer to all Holders to repurchase Notes (a "Repurchase Offer") pursuant to Section 4.10 hereof, an "Asset Sale," or pursuant to Section 4.13 hereof, a "Change of Control Offer," the Company shall follow the procedures specified below.
Repurchase Offers. Provide the coordination and processing of all repurchase offers as stipulated in the prospectus. This will include:
(1) the tabulation and calculation of requested shares for repurchase;
(2) calculation of total shares available for repurchase;
(3) calculation of actual percentage of requested shares to be redeemed;
(4) calculation of repurchase fee (if any);
(5) preparing and filing notifications of repurchase offers on Form 23c-3; and
(6) coordinating the printing, filing and mailing of notifications of repurchase offers
Repurchase Offers. Subject to the limitations set forth in the preamble to ARTICLE 3 of this Supplemental Indenture, the Original Indenture is hereby amended by adding the following Article Fifteen thereto:
Repurchase Offers. 13 4.7. CUMULATIVE RIGHTS..................................................14 4.8. EXERCISE OF RIGHTS CONDITIONED UPON CLOSING OF TRANSACTION INVOLVED...........................................................14 4.9.
Repurchase Offers. You acknowledge that each Fund has adopted a fundamental policy (which may not be changed without approval of the Fund’s shareholders) to make periodic offers to purchase between 5% and 25% of its Shares (“Repurchase Offers”) in accordance with Rule 23c-3 under the 1940 Act and as described in the then current Prospectus. Repurchase of Shares of a Fund will be made at the net asset value of such Shares in accordance with the applicable Repurchase Offer and then current Prospectus, less any applicable charges and expenses for which the Fund has determined to charge shareholders as permitted by Rule 23c-3. No “as of” trades will be accepted for repurchases. You agree to transmit to your customers any Repurchase Offer notification received from Distributor within the time period specified in the applicable Prospectus and in such notification, and to use your reasonable best efforts to transmit repurchase requests from your customers to the applicable Fund or its transfer agent or other designee by the applicable repurchase request deadline as specified in the applicable Prospectus and such notification. You expressly acknowledge and agree that Shares of a Fund will not be repurchased by either the Fund (other than through Repurchase Offers, or other tender offers from time to time, if any) or Distributor, and that no secondary market for the Shares of any Fund exists currently or is expected to develop, and therefore that the Shares have very limited liquidity. You also expressly acknowledge and agree that, in the event one or more of your customers cancel their order for Shares of a Fund after confirmation, such Shares may not be repurchased, remarketed or otherwise disposed of by or through Distributor. Any representation as to a Repurchase Offer or other tender offer by any Fund, other than that which is set forth in the Fund’s then current Prospectus or a Repurchase Offer notice issued by the Fund, is expressly prohibited.
Repurchase Offers. If a Change of Control Triggering Event occurs with respect to the 2021 Notes, each Holder of 2021 Notes will have the right to require the Company to repurchase all or any part, equal to $2,000 or an integral multiple of $1,000 thereafter, of that Holder’s 2021 Notes pursuant to an offer (a “Change of Control Offer”) on the terms set forth in this Article Seven.
Repurchase Offers a. Offer to Repurchase. Within 30 calendar days following the occurrence of any Repurchase Condition, Company and each Borrower (jointly and severally) shall make a written offer (each, a "Repurchase Offer") to repurchase at the Repurchase Price up to all of the Warrant Shares and Warrants owned by each Holder. Each such Repurchase Offer (among other things) shall indicate the date of occurrence of the relevant Repurchase Condition and shall provide a calculation of the Current Market Price per Warrant Share (together with a copy of documentation supporting such calculation). Each such Repurchase Offer shall be delivered by Company to each such Holder entitled thereto by first-class mail to the last known address of such Holder on the books and records of Company.
Repurchase Offers. With respect to each quarterly repurchase offer by the Fund, the Service Agent agrees: to deliver to each Customer in a timely manner the repurchase offer materials (subject to its timely receipt from the Fund of the reasonable number of copies thereof requested by the Service Agent); to respond to Customer inquiries about the procedures for tendering shares; to tender shares on behalf of those Customers who wish to do so; and to remit repurchase proceeds to the appropriate investors. If the Fund pro-rates shares tendered for repurchase, the Service Agent will be responsible for determining the correct allocation among its Customers of the repurchase proceeds and the shares not purchased.
Repurchase Offers. (a) The Board may from time to time, in its discretion and on such terms and conditions as it may determine, cause the Fund to repurchase Units or portions thereof pursuant to written tenders or other offers to purchase Units.
(b) In the event the Partnership determines to make a repurchase offer pursuant to paragraph (a) of this Section 8.1, the Partnership will provide advance notice of its intention to conduct the repurchase offer to Limited Partners (the “Advance Notice”), and each Limited Partner agrees with the Partnership and each other Limited Partner that it will not participate in such repurchase offer unless, in response to such Advanced Notice, such Limited Partner informs the Partnership in writing as to the Limited Partner’s intention to tender a specified number of Units pursuant to the repurchase offer no later than the date specified in such Advanced Notice.
