Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer, the Company will, if required: (a) comply with the provisions of Rule 13e-4, Rule 14e-1 and any other tender offer rules under the Exchange Act; (b) file a Schedule TO or any other required schedule under the Exchange Act; and (c) otherwise comply with all federal and state securities laws in connection with any offer by the Company to repurchase the Notes; in each case, so as to permit the rights and obligations under this Article XIV to be exercised in the time and in the manner specified in this Article XIV. To the extent that the provisions of any securities laws or regulations conflict with the provisions of this Indenture relating to the Company’s obligations to purchase the notes upon a Fundamental Change, the Company shall comply with the applicable securities laws and regulations and will not be deemed to have breached its obligations under Article XIV by virtue of such conflict.
Appears in 4 contracts
Sources: Third Supplemental Indenture (Resource Capital Corp.), Second Supplemental Indenture (Resource Capital Corp.), First Supplemental Indenture (Resource Capital Corp.)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer, the Company will, if required:
(a) comply with the provisions of Rule 13e-4, Rule 14e-1 and any other applicable tender offer rules under the Exchange Act;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply with all federal and state securities laws in connection with any offer by the Company to repurchase the Notes; in each case, so as to permit the rights and obligations under this Article XIV to be exercised in the time and in the manner specified in this Article XIV. To the extent that the provisions of any securities laws or regulations enacted after the date the Company initially issues the Notes conflict with the provisions of this Indenture Article XIV relating to the Company’s obligations to purchase the notes Notes upon a Fundamental Change, the Company shall comply with the applicable securities laws and regulations and will shall not be deemed to have breached its obligations under such provisions of this Article XIV by virtue of such conflict.
Appears in 2 contracts
Sources: Indenture (Infinera Corp), Indenture (INFINERA Corp)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer, the Company will, if required:
(a) comply with the provisions of Rule 13e-4, Rule 14e-1 and any other tender offer rules under the Exchange Act;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply with all federal and state securities laws in connection with any offer by the Company to repurchase the Notes; , in each case, so as to permit the rights and obligations under this Article XIV XIII to be exercised in the time and in the manner specified in this Article XIVXIII. To the extent that the provisions of any securities laws or regulations conflict with the provisions of this the Indenture relating to the Company’s obligations to purchase the notes Notes upon a Fundamental Change, the Company shall comply with the applicable securities laws and regulations and will not be deemed to have breached its obligations under Article XIV XIII by virtue of such conflict.
Appears in 2 contracts
Sources: First Supplemental Indenture (Renewable Energy Group, Inc.), First Supplemental Indenture (Apollo Commercial Real Estate Finance, Inc.)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer, the Company will, if required:
(a) comply with the provisions of Rule 13e-4, Rule 14e-1 and any other tender offer rules under the Exchange Act;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply with all federal and state securities laws in connection with any offer by the Company to repurchase the Notes; ,in each case, so as to permit the rights and obligations under this Article XIV XIII to be exercised in the time and in the manner specified in this Article XIVXIII. To the extent that the provisions of any securities laws or regulations conflict with the provisions of this the Indenture relating to the Company’s obligations to purchase the notes Notes upon a Fundamental Change, the Company shall comply with the applicable securities laws and regulations and will not be deemed to have breached its obligations under Article XIV XIII by virtue of such conflict.
Appears in 1 contract
Sources: Third Supplemental Indenture (Apollo Commercial Real Estate Finance, Inc.)