Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15, the Company will, if required: (a) comply with the tender offer rules under the Exchange Act that may then be applicable; (b) file a Schedule TO or any other required schedule under the Exchange Act; and (c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase the Notes upon a Fundamental Change, the Company shall comply with such securities laws and regulations and shall not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 31 contracts
Sources: Indenture (Mirion Technologies, Inc.), Indenture (Enovix Corp), Indenture (Planet Labs PBC)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15offer, the Company will, if required:
(a) comply with the tender offer rules under the Exchange Act that may then be applicableAct;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 1515 subject to postponement in order to allow the Company to comply with applicable law. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase purchase the Notes upon a Fundamental Change, the Company shall will comply with such the applicable securities laws and regulations and shall will not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 20 contracts
Sources: Indenture (Impinj Inc), Indenture (Lyft, Inc.), Indenture (Zscaler, Inc.)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15, the Company will, if required:
(a) comply with the tender offer rules under the Exchange Act that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture Article 15 relating to the Company’s obligations to repurchase the Notes upon a Fundamental Change, the Company shall will comply with such the applicable securities laws and regulations and shall will not be deemed to have breached its obligations under such provisions of this Indenture Article 15 by virtue of such conflict.
Appears in 16 contracts
Sources: Indenture (Box Inc), Indenture (fuboTV Inc. /FL), Indenture (Repligen Corp)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15, the Company will, if required:
(a) comply with the tender offer rules under the Exchange Act that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase the Notes upon a Fundamental Change, the Company shall comply with such the applicable securities laws and regulations and shall not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 15 contracts
Sources: Indenture (Semtech Corp), Indenture (JBT Marel Corp), Indenture (Lci Industries)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15, the Company will, if required:
(a) comply with the tender offer rules under the Exchange Act that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase the Notes upon a Fundamental Change, the Company shall comply with such the applicable securities laws and regulations and shall not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 14 contracts
Sources: Indenture (Ligand Pharmaceuticals Inc), Indenture (Array Technologies, Inc.), Indenture (Alliant Energy Corp)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15offer, 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 that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that the provisions of any securities laws or and regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating with respect to the Company’s obligations to repurchase the Notes upon a Fundamental Changeof Notes, the Company shall comply with such securities laws and regulations and shall not be deemed not to have breached its obligations under such provisions be in breach of this Indenture by virtue as a result of such conflictcompliance therewith.
Appears in 9 contracts
Sources: Indenture (Royal Caribbean Cruises LTD), Indenture (CONMED Corp), Indenture (Carnival PLC)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15offer, 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 that may then be applicableAct;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that the provisions of any applicable securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase the Notes upon a Fundamental Change, the Company shall comply with such the applicable securities laws and regulations and shall not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 7 contracts
Sources: Indenture (Upstart Holdings, Inc.), Indenture (Upstart Holdings, Inc.), Indenture (Upstart Holdings, Inc.)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15, the Company will, if required:
(a) comply with the provisions of any tender offer rules under the Exchange Act that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 1515 subject to postponement in order to allow the Company to comply with applicable law. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase purchase the Notes upon a Fundamental Change, the Company shall will comply with such the applicable securities laws and regulations and shall will not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 7 contracts
Sources: First Supplemental Indenture and Amendment to Security and Pledge Agreement (UpHealth, Inc.), Indenture (UpHealth, Inc.), Convertible Note Subscription Agreement (L&F Acquisition Corp.)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15, the Company will, if required:
(a) comply with the tender offer rules under the Exchange Act that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 Article 15 to be exercised in the time and in the manner specified in this Article Article 15. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase the Notes upon a Fundamental Change, the Company shall comply with such securities laws and regulations and shall not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 7 contracts
Sources: Indenture (Euronet Worldwide, Inc.), Indenture (Oddity Tech LTD), Indenture (Uber Technologies, Inc)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15, the Company will, if required:
(a) comply with the tender offer rules under the Exchange Act that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that that, as a result of a change in law occurring after the first date on which the Notes are issued, the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase the Notes upon a Fundamental Change, the Company shall comply with such the applicable securities laws and regulations and shall not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 6 contracts
Sources: Indenture (BridgeBio Pharma, Inc.), Indenture (Rapid7, Inc.), Indenture (Accolade, Inc.)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15, the Company will, if required:
(a) comply in all material respects with the tender offer rules under the Exchange Act that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that that, as a result of a change in law occurring after the first date on which the Notes are issued, the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase the Notes upon a Fundamental Change, the Company shall comply with such the applicable securities laws and regulations and shall not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 6 contracts
Sources: Indenture (Cerence Inc.), Indenture (Model N, Inc.), Indenture (Cerence Inc.)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15, the Company will, if required:
(a) comply in all material respects with the provisions of Rule 13e-4, Rule 14e-1 and any other tender offer rules under the Exchange Act that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To However, to the extent that the obligations of the Company to offer to repurchase and to repurchase Notes pursuant to the provisions of described above conflict with any securities laws law or regulations enacted or regulation adopted after the date of this Indenture conflict with the provisions of this Indenture relating and that is applicable to the Company’s obligations to repurchase the Notes upon a Fundamental Change, the Company shall comply Company’s compliance with such securities laws and regulations and law or regulation shall not be deemed considered to have breached its obligations under such provisions be a Default of this Indenture by virtue of such conflictthose obligations.
Appears in 5 contracts
Sources: Indenture (WisdomTree, Inc.), Indenture (WisdomTree, Inc.), Indenture (WisdomTree, Inc.)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon pursuant to a Fundamental Change pursuant to this Article 15Repurchase Notice, the Company will, if required:
(a) comply with the any tender offer rules under the Exchange Act that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase purchase the Notes upon a Fundamental Change, the Company shall comply with such the applicable securities laws and regulations and shall not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 5 contracts
Sources: Indenture (Wayfair Inc.), Indenture (Wayfair Inc.), Indenture (Wayfair Inc.)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15offer, the Company will, if required:
(a) comply with the provisions of any tender offer rules under the Exchange Act that may then be applicableAct;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture the Company initially issues the Notes conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase purchase the Notes upon a Fundamental Change, the Company shall comply with such the applicable securities laws and regulations and shall not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 5 contracts
Sources: Indenture (Blackline, Inc.), Indenture (Blackline, Inc.), Indenture (Zynga Inc)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15offer, the Company will, if required:
(a) comply with the tender offer rules under the Exchange Act that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 1515 subject to postponement in order to allow the Company to comply with applicable law. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase purchase the Notes upon a Fundamental Change, the Company shall will comply with such the applicable securities laws and regulations and shall will not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 5 contracts
Sources: Indenture (CorMedix Inc.), Indenture (CorMedix Inc.), Indenture (3d Systems Corp)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15, the Company will, if required:
(a) comply with the tender offer rules under the Exchange Act that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 Article 15 to be exercised in the time and in the manner specified in this Article Article 15. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase the Notes upon a Fundamental Change, the Company shall comply with such the applicable securities laws and regulations and shall not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 5 contracts
Sources: Indenture (Omnicell, Inc.), Indenture (Pinnacle West Capital Corp), Indenture (Merit Medical Systems Inc)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15, the Company will, if required:
(a) comply with the provisions of any tender offer rules under the Exchange Act that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture the Company initially issues the Notes conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase the Notes upon a Fundamental Change, the Company shall comply with such the applicable securities laws and regulations and shall not be deemed to have breached its obligations under such provisions of this Indenture Article 15 by virtue of such conflict.
Appears in 5 contracts
Sources: First Supplemental Indenture (Nikola Corp), Fourth Supplemental Indenture (Nikola Corp), Indenture (Nikola Corp)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15offer, 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 that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15, subject to extension if required to comply with law. To the extent that the provisions of any securities laws or and regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating with respect to the Company’s obligations to repurchase the Notes upon a Fundamental Changeof Notes, the Company shall is required to comply with such securities laws and regulations and shall not be deemed to have breached its obligations under such provisions be in breach of this Indenture by virtue of such conflictas a result thereof.
Appears in 5 contracts
Sources: Indenture (Uniti Group Inc.), Indenture (Galaxy Digital Holdings Ltd.), Indenture (Galaxy Digital Inc.)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15offer, the Company will, if required:
(a) comply with the tender offer rules under the Exchange Act that may then be applicableAct;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 1515 subject to postponement in order to allow the Company to comply with applicable law. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase purchase the Notes upon a Fundamental Change, the Company shall will comply with such the applicable securities laws and regulations and shall will not be deemed to have breached its the Company’s obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 5 contracts
Sources: Indenture (Alnylam Pharmaceuticals, Inc.), Indenture (Alnylam Pharmaceuticals, Inc.), Indenture (Alnylam Pharmaceuticals, Inc.)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15offer, the Company willshall, if required:
(a) comply with the provisions of Rule 13e-4, Rule 14e-1 and any other tender offer rules under the Exchange Act that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To Notwithstanding anything to the contrary herein, to the extent that the provisions that, as a result of any change in any federal or state securities laws or other applicable laws or regulations enacted or adopted after the date of this Indenture conflict Indenture, compliance with this Article 15 would result in a violation of any such federal or state securities laws or other applicable laws or regulations, the provisions of this Indenture relating Company shall comply with its obligation to the Company’s obligations offer to repurchase the Notes upon a Fundamental Change, Change in a manner that also complies with the Company shall comply with such applicable securities laws and regulations and shall will not be deemed to have breached its obligations under such provisions of set forth in this Indenture Article 15 by virtue of such conflict.
Appears in 4 contracts
Sources: Indenture (Evolent Health, Inc.), Indenture (Evolent Health, Inc.), Indenture (Evolent Health, Inc.)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15, the Company will, if required:
(a) comply with the tender offer rules under the Exchange Act that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase the Notes upon a Fundamental Change, the Company shall comply with the applicable securities laws and regulations (including, without limitation, to postpone the Fundamental Change Repurchase Date in order to comply with such securities laws and regulations regulations) and shall not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 4 contracts
Sources: Indenture (Firstenergy Corp), Indenture (Firstenergy Corp), Indenture (Firstenergy Corp)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15, 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 that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase purchase the Notes upon a Fundamental Change, the Company shall will comply with such the applicable securities laws and regulations and shall will not be deemed to have breached its our obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 4 contracts
Sources: Indenture (ADESTO TECHNOLOGIES Corp), Indenture (Alteryx, Inc.), Indenture (Alteryx, Inc.)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15, the Company will, if requiredrequired by applicable law:
(a) comply with the tender offer rules under the Exchange Act that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase the Notes upon a Fundamental Change, the Company shall comply with such the applicable securities laws and regulations and shall not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 3 contracts
Sources: Indenture (Cohu Inc), Indenture (Astronics Corp), Indenture (Astronics Corp)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article Article 15, the Company will, if required:
(a) comply with the tender offer rules under the Exchange Act that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 Article 15 to be exercised in the time and in the manner specified in this Article Article 15. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase the Notes upon a Fundamental Change, the Company shall comply with such the applicable securities laws and regulations and shall not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 3 contracts
Sources: Indenture (Semtech Corp), Indenture (CSG Systems International Inc), Indenture (Semtech Corp)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15offer, 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 that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 Article 15 to be exercised in the time and in the manner specified in this Article Article 15. To the extent that the provisions of any applicable securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase the Notes upon a Fundamental Change, the Company shall comply with such the applicable securities laws and regulations and shall not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 3 contracts
Sources: Indenture (Indie Semiconductor, Inc.), Indenture (Granite Construction Inc), Indenture (Granite Construction Inc)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon pursuant to a Fundamental Change pursuant to this Article 15Repurchase Notice, the Company will, if required:
(a) comply with the tender offer rules under the Exchange Act that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 ARTICLE 10 to be exercised in the time and in the manner specified in this Article 15ARTICLE 10. To the extent that the provisions of any securities laws law or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations obligation to repurchase the Notes upon the occurrence of a Fundamental Change, the Company shall will comply with such the applicable securities laws and regulations and shall will not be deemed to have breached its the Company’s obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 3 contracts
Sources: Indenture (Akoustis, Inc.), Indenture (Akoustis Technologies, Inc.), Indenture (Akoustis Technologies, Inc.)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15offer, 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 that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase the Notes upon a Fundamental Change, the Company shall will comply with such the applicable securities laws and regulations and shall will not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 3 contracts
Sources: Indenture (Sarepta Therapeutics, Inc.), Indenture (Sarepta Therapeutics, Inc.), Indenture (Sarepta Therapeutics, Inc.)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15offer, 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 that may then be applicableAct;
(b) file a Schedule TO or any other successor or similar schedule required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 14 to be exercised in the time and in the manner specified in this Article 1514. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase purchase the Notes upon a Fundamental ChangeChange violate any securities laws or regulations as a result of changes to such laws or regulations enacted after the date hereof, the Company shall will comply with such the applicable securities laws and regulations and shall will not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 3 contracts
Sources: Indenture (Pacira BioSciences, Inc.), Indenture (Pacira BioSciences, Inc.), Indenture (Pacira Pharmaceuticals, Inc.)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15offer, the Company will, if required:
(a) comply with the provisions of any tender offer rules under the Exchange Act that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase the Notes upon a Fundamental Changethis Article 15, the Company shall will comply with such the applicable securities laws and regulations and shall will not be deemed to have breached its obligations under such provisions of this Indenture Article 15 by virtue of such conflict.
Appears in 3 contracts
Sources: Indenture (Q2 Holdings, Inc.), Indenture (Q2 Holdings, Inc.), Indenture (Q2 Holdings, Inc.)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15offer, 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 that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that the provisions of any securities laws or and regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating with respect to the Company’s obligations to repurchase the Notes upon a Fundamental Changeof Notes, the Company shall is required to comply with such securities laws and regulations and shall not be deemed to have breached its obligations under such provisions be in breach of this Indenture by virtue of such conflictas a result thereof.
Appears in 2 contracts
Sources: Indenture (On Semiconductor Corp), Indenture (Unisys Corp)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15, 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 that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase the Notes upon a Fundamental Change, the Company shall comply with such securities laws and regulations and shall not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 2 contracts
Sources: Indenture (Terawulf Inc.), Indenture (Terawulf Inc.)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon pursuant to a Fundamental Change pursuant to this Article 15Repurchase Notice or Change of Control Repurchase Notice, as applicable, the Company will, if required:
(a) comply with the any tender offer rules under the Exchange Act that may then be applicable, including, without limitation, Rule 13e-4 and Rule 14e-1, if applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To ; provided that to the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture Agreement relating to the Company’s obligations to repurchase purchase the Notes upon a Fundamental ChangeChange or upon a Change of Control, the Company shall comply with such the applicable securities laws and regulations and shall will not be deemed to have breached its obligations under such provisions of this Indenture Agreement by virtue of such conflict.
Appears in 2 contracts
Sources: Note Issuance Agreement (Appgate, Inc.), Note Issuance Agreement (Northern Star Investment Corp. II)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15offer, the Company will, if requiredrequired by applicable law:
(a) comply with the provisions of Rule 13e-4, Rule 14e-1 and any other tender offer rules under the Exchange Act that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that the provisions of any securities laws or and regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating with respect to the Company’s obligations to repurchase the Notes upon a Fundamental Changeof Notes, the Company shall comply with such securities laws and regulations and shall not be deemed to have breached its obligations under such provisions be in breach of this Indenture by virtue as a result of such conflictcompliance therewith.
Appears in 2 contracts
Sources: Indenture (DISH Network CORP), Indenture (SNR Wireless LicenseCo, LLC)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15offer, the Company will, if required:
(a) comply with the tender offer rules under the Exchange Act that may then be applicableAct;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 1515 subject to postponement in order to allow the Company to comply with applicable law. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase purchase the Notes upon a Fundamental Change, the Company shall will comply with such the applicable securities laws and regulations and shall will not be deemed to have breached its our obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 2 contracts
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15offer, 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 that may then be applicableAct;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase the Notes upon a Fundamental Change, the Company shall comply with such the applicable securities laws and regulations and shall not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 2 contracts
Sources: Indenture (Twenty One Assets, LLC), Subscription Agreement (M3-Brigade Acquisition v Corp.)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15offer, 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 that may then be applicable;Act;
(b) file a Schedule TO or any other required schedule under the Exchange Act; Act; and
(c) otherwise comply in all material respects with all federal and state securities laws in connection with any offer by the Company to repurchase the Notes; Notes; in each case, so as to permit the rights and obligations described under this Article 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture Article 15 relating to the Company’s obligations to repurchase the Notes upon a Fundamental Change, the Company shall will comply with such the applicable securities laws and regulations and shall will not be deemed to have breached its obligations under such provisions of this Indenture Article 15 by virtue of such conflict.
Appears in 2 contracts
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15, the Company will, if required:
(a) comply with the tender offer rules under the Exchange Act that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 Article 15 to be exercised in the time and in the manner specified in this Article Article 15. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s 's obligations to repurchase the Notes upon a Fundamental Change, the Company shall comply with such securities laws and regulations and shall not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 2 contracts
Sources: Indenture (Novavax Inc), Indenture (Jamf Holding Corp.)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article Article 15, the Company will, if required:
(a) comply with the tender offer rules under the Exchange Act that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 Article 15 to be exercised in the time and in the manner specified in this Article Article 15. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase the Notes upon a Fundamental Change, the Company shall comply with such securities laws and regulations and shall not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 2 contracts
Sources: Indenture (AST SpaceMobile, Inc.), Indenture (Uber Technologies, Inc)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15, 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 that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that the obligations of the Company to offer to repurchase and to repurchase Notes pursuant to the provisions of in this Article 15 conflict with any securities laws law or regulations enacted or regulation adopted after the date of this Indenture conflict with the provisions of this Indenture relating and that is applicable to the Company’s obligations to repurchase the Notes upon a Fundamental Change, the Company shall comply Company’s compliance with such securities laws and regulations and law or regulation shall not be deemed considered to have breached its obligations under such provisions be a Default of this Indenture by virtue of such conflictthose obligations.
Appears in 2 contracts
Sources: Indenture (Jetblue Airways Corp), Indenture (Jetblue Airways Corp)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15offer, 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 that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that the provisions of any securities laws or and regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating with respect to the Company’s obligations to repurchase the Notes upon a Fundamental Changeof Notes, the Company shall comply with such securities laws and regulations and shall not be deemed not to have breached its obligations under such provisions be in breach of this Indenture by virtue as a result of such conflictcompliance therewith.
Appears in 2 contracts
Sources: Indenture (AMC Networks Inc.), Indenture (Sphere Entertainment Co.)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15, the Company will, if required:
(a) comply with the tender offer rules under the Exchange Act that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 Article 15 to be exercised in the time and in the manner specified in this Article Article 15. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase the Notes upon a Fundamental Change, the Company shall comply with such the applicable securities laws and regulations and shall not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 2 contracts
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15, the Company will, if required:
(a) comply with the tender offer rules under the Exchange Act that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture on which the Notes are first issued conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase the Notes upon a Fundamental Change, the Company shall comply with such the applicable securities laws and regulations and shall not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 2 contracts
Sources: Indenture (Etsy Inc), Indenture (Etsy Inc)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15offer, 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 that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase the Notes upon in connection with a Fundamental Change, the Company shall comply with such the applicable securities laws and regulations and shall not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 2 contracts
Sources: Indenture (Open Text Corp), Indenture (Carbonite Inc)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon pursuant to a Fundamental Change pursuant to this Article 15Repurchase Notice, 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 that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that the provisions of Company’s obligations to offer to repurchase and to repurchase Notes pursuant to this Article 15 conflict with any securities laws law or regulations regulation enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating that is applicable to the Company’s obligations to repurchase the Notes upon a Fundamental Change, the Company shall comply Company’s compliance with such securities laws and regulations and shall law or regulation will not be deemed considered to have breached its obligations under such provisions of this Indenture by virtue be a default of such conflictobligations.
Appears in 2 contracts
Sources: Indenture (Sunnova Energy International Inc.), Indenture (Sunnova Energy International Inc.)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15, the Company willshall, if required:
(a) comply with the tender offer rules under the Exchange Act that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture on which the Notes are first issued conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase the Notes upon a Fundamental Change, the Company shall comply with such the applicable securities laws and regulations and shall not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 2 contracts
Sources: Indenture (Etsy Inc), Indenture (Etsy Inc)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change or the Specified Repurchase pursuant to this Article 15, the Company will, if required:
(a) comply with the tender offer rules under the Exchange Act that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase the Notes upon a Fundamental ChangeChange or the Specified Repurchase, the Company shall comply with such securities laws and regulations and shall not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 2 contracts
Sources: Indenture (GameStop Corp.), Indenture (GameStop Corp.)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15, 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 that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that the provisions of any change in securities laws or and regulations enacted or adopted after following the date of this Indenture Issue Date conflict with the provisions of this Indenture relating with respect to the Company’s obligations to repurchase of the Notes upon a Fundamental ChangeNotes, the Company shall comply with such securities laws and regulations and shall not be deemed not to have breached its obligations under such provisions be in breach of this Indenture by virtue as a result of such conflictcompliance therewith.
Appears in 2 contracts
Sources: Indenture (Ziff Davis, Inc.), Indenture (J2 Global, Inc.)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15, the Company will, if required:
(a) comply with the tender offer rules under the Exchange Act that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects with all federal 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 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture Article 15 relating to the Company’s obligations to repurchase the Notes upon a Fundamental Change, the Company shall will comply with such the applicable securities laws and regulations and shall will not be deemed to have breached its obligations under such provisions of this Indenture Article 15 by virtue of such conflict.
Appears in 2 contracts
Sources: Indenture (Invitae Corp), Investment Agreement (Invitae Corp)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15offer, the Company will, if required:
(a) comply with the tender offer rules under the Exchange Act that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 10 to be exercised in the time and in the manner specified in this Article 1510. To Notwithstanding anything to the contrary, to the extent that the provisions of any federal or state securities laws or other applicable laws or regulations enacted or adopted after the date of this Indenture on which the Notes are first issued conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase the Notes upon a Fundamental Change, the Company shall comply with such the applicable securities laws and regulations and shall will not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 2 contracts
Sources: First Supplemental Indenture (Bit Digital, Inc), First Supplemental Indenture (Bitdeer Technologies Group)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon pursuant to a Fundamental Change pursuant to this Article 15Repurchase Notice, 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 that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations to offer to repurchase and to repurchase Notes pursuant to this Article 15 conflict with any law or regulation that is applicable to the Notes upon a Fundamental ChangeCompany, the Company shall comply Company’s compliance with such securities laws and regulations and shall law or regulation will not be deemed considered to have breached its obligations under such provisions of this Indenture by virtue be a default of such conflictobligations.
Appears in 2 contracts
Sources: Indenture (Cryolife Inc), Indenture (Pioneer Natural Resources Co)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon pursuant to a Fundamental Change pursuant to this Article 15Repurchase Notice or Change of Control Repurchase Notice, as applicable, the Company will, if required:
: (a) comply with the any tender offer rules under the Exchange Act that may then be applicable;
, including, without limitation, Rule 13e-4 and Rule 14e-1, if applicable; (b) file a Schedule TO or any other required schedule under the Exchange Act; and
and (c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To ; provided that to the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture Agreement relating to the Company’s obligations to repurchase purchase the Notes upon a Fundamental ChangeChange or upon a Change of Control, the Company shall comply with such the applicable securities laws and regulations and shall will not be deemed to have breached its obligations under such provisions of this Indenture Agreement by virtue of such conflict.
Appears in 2 contracts
Sources: Note Issuance Agreement (Appgate, Inc.), Note Issuance Agreement (Appgate, Inc.)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15, the Company will, if required:
(a) comply with the tender offer rules under the Exchange Act that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase the Notes upon a Fundamental Changepursuant to this Article 15, the Company shall comply with such securities laws and regulations and shall not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 2 contracts
Sources: Indenture (Complete Solaria, Inc.), Indenture (Complete Solaria, Inc.)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon pursuant to a Fundamental Change pursuant to this Article 15Repurchase Company Notice, a Specified Repurchase Date Right Notice or Change of Control Repurchase Company Notice, as applicable, the Company will, if required:
(a) comply with the any tender offer rules under the Exchange Act that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To ; provided that to the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase purchase the Notes upon a Fundamental Change, on a Specified Repurchase Date or upon a Change of Control, the Company shall comply with such the applicable securities laws and regulations and shall will not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 2 contracts
Sources: Indenture (Bloom Energy Corp), Indenture (Bloom Energy Corp)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15offer, the Company will, if requiredrequired by applicable law:
(a) comply with the provisions of Rule 13e-4, Rule 14e-1 and any other tender offer rules under the Exchange Act that may then be applicableAct;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To Notwithstanding the foregoing, to the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture the Company initially issues the Notes conflict with the provisions of this Supplemental Indenture relating to the Company’s obligations to repurchase the Notes upon a Fundamental Change, the Company shall comply with such the applicable securities laws and regulations and shall not be deemed to have breached its obligations under such provisions of this the Supplemental Indenture by virtue of such conflict.
Appears in 1 contract
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15offer, 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 that may then be applicable;Act;
(b) file a Schedule TO or any other required schedule under the Exchange Act; Act; and
(c) otherwise comply in all material respects with all federal and state securities laws in connection with any offer by the Company to repurchase the Notes; Notes; in each case, so as to permit the rights and obligations described under this Article 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture on which the Notes are first issued conflict with the provisions of this Indenture Article 15 relating to the Company’s obligations to repurchase the Notes upon a Fundamental Change, the Company shall will comply with such securities laws and regulations and shall will not be deemed to have breached its obligations under such provisions of this Indenture Article 15 by virtue of such conflict.
Appears in 1 contract
Sources: Indenture (Redfin Corp)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon pursuant to a Fundamental Change pursuant to this Article 15Repurchase Notice, the Company Issuer 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 that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects with all federal and state securities laws in connection with any offer by the Company Issuer to repurchase the Notes; in each case, so as to permit the rights and obligations under this Article Article 15 to be exercised in the time and in the manner specified in this Article Article 15. To ; provided, that to the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the CompanyIssuer’s obligations to repurchase purchase the Notes upon a Fundamental Change, the Company Issuer shall comply with such the applicable securities laws and regulations and shall will not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 1 contract
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15, the Company will, if required:
(a) comply with the provisions of any tender offer rules under the Exchange Act that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 0 to be exercised in the time and in the manner specified in this Article 150 subject to postponement in order to allow the Company to comply with applicable law. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase purchase the Notes upon a Fundamental Change, the Company shall will comply with such the applicable securities laws and regulations and shall will not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 1 contract
Sources: Indenture (Kaleyra, Inc.)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. (a) In connection with any repurchase offer upon pursuant to a Fundamental Change pursuant to this Article 15Repurchase Notice, the Company and the Guarantor will, if required:
(ai) comply with the tender offer rules under the Exchange Act that may then be applicable;
(bii) file a Schedule TO (if applicable under the Exchange Act at such time) or any other required schedule under the Exchange Act; and
(ciii) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15, subject to postponement in order to allow the Company to comply with applicable law. To the extent that the provisions of any securities laws or regulations enacted (or Commission interpretations thereof) adopted after the date of this Indenture subsequent to June 17, 2020 conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase purchase the Notes upon a Fundamental Change, the Company shall comply with such the applicable securities laws and regulations and shall not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 1 contract
Sources: Indenture (LivaNova PLC)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15offer, 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 that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that the provisions of any securities laws law or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations obligation to repurchase the Notes upon the occurrence of a Fundamental Change, the Company shall will comply with such the applicable securities laws and regulations and shall will not be deemed to have breached its the Company’s obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 1 contract
Sources: Indenture (Gamida Cell Ltd.)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15, the Company will, if required:
(a) comply with the tender offer rules under the Exchange Act that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase the Notes upon a Fundamental Change, the Company shall will comply with such the applicable securities laws and regulations and shall will not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 1 contract
Sources: Indenture (Rapid7, Inc.)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a pursuant to the Specified Repurchase Date Repurchase Notice or Fundamental Change pursuant to this Article 15Repurchase Notice, the Company will, if required:
(a) comply with the tender offer rules under the Exchange Act that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To Notwithstanding anything to the contrary, to the extent that the provisions of any federal or state securities laws or other applicable laws or regulations enacted or adopted after the date of this Indenture on which the Notes are first issued conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase the Notes upon a Fundamental ChangeChange or the Specified Repurchase, the Company shall comply with such the applicable securities laws and regulations and shall will not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 1 contract
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15offer, the Company will, if required:
(a) comply with the provisions of any tender offer rules under the Exchange Act that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 1515 subject to postponement in order to allow the Company to comply with applicable law. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase purchase the Notes upon a Fundamental Change, the Company shall will comply with such the applicable securities laws and regulations and shall will not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 1 contract
Sources: Indenture (Lightning eMotors, Inc.)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15offer, 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 that may then be applicableAct;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that the provisions of any applicable federal or state securities laws or regulations enacted or adopted after the date of this Indenture subsequent to June 5, 2025 conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase purchase the Notes upon a Fundamental Change, the Company shall will comply with such the applicable federal and state securities laws and regulations and shall will not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 1 contract
Sources: Indenture (CyberArk Software Ltd.)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15offer, 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 that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects with all federal federal, state and state provincial 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 Article 15 to be exercised in the time and in the manner specified in this Article Article 15. To the extent that the provisions of any applicable securities laws or and regulations enacted or adopted after the date of this Indenture the issuance of the Notes conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase purchase the Notes upon a Fundamental Change, the Company shall is required to comply with such securities laws and regulations and shall will not be deemed to have breached its obligations under such provisions be in breach of this Indenture by virtue of such conflictas a result thereof.
Appears in 1 contract
Sources: Indenture (BLACKBERRY LTD)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 1514, the Company will, if required:
(a) comply with the tender offer rules under the Exchange Act that may then be applicableAct;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 14 to be exercised in the time and in the manner specified in this Article 1514. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase the Notes upon a Fundamental Change, the Company shall comply with such securities laws and regulations and shall not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 1 contract
Sources: Indenture (Unity Software Inc.)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15offer, the Company will, if required:
(a) comply with the provisions of any tender offer rules under the Exchange Act that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase purchase the Notes upon a Fundamental Change, the Company shall comply with such the applicable securities laws and regulations and shall not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 1 contract
Sources: Indenture (Harmonic Inc)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15, 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 that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture on which the Notes are first issued conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase purchase the Notes upon a Fundamental Change, the Company shall will comply with such the applicable securities laws and regulations and shall will not be deemed to have breached its the Company’s obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 1 contract
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15offer, 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 that may then be applicableAct;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that the provisions of any applicable securities laws or regulations enacted or adopted after the date of this Indenture subsequent to October 7, 2020 conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase purchase the Notes upon a Fundamental Change, the Company shall will comply with such the applicable securities laws and regulations and shall will not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 1 contract
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15, the Company will, if required:
(a) comply in all material respects with the provisions of Rule 13e-4, Rule 14e-1 and any other tender offer rules under the Exchange Act that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To However, to the extent that the obligations of the Company to offer to repurchase and to repurchase Notes pursuant to the provisions of described above conflict with any securities laws law or regulations enacted or regulation adopted after the date of this Indenture conflict with the provisions of this Indenture relating and that is applicable to the Company’s obligations to repurchase the Notes upon a Fundamental Change, the Company shall comply Company’s compliance with such securities laws and regulations and law or regulation shall not be deemed considered to have breached its obligations under such provisions be a default of this Indenture by virtue of such conflictthose obligations.
Appears in 1 contract
Sources: Indenture (Vertex Energy Inc.)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15, the Company will, if required:
(a) comply with the tender offer rules under the Exchange Act that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture on which the Notes are first issued conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase the Notes upon a Fundamental Change, the Company shall comply with such the applicable securities laws and regulations and shall not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 1 contract
Sources: Indenture (Etsy Inc)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15offer, 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 that may then be applicableAct;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase the Notes upon a Fundamental Change, the Company shall comply with such the applicable securities laws and regulations and shall not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 1 contract
Sources: Indenture (Boingo Wireless Inc)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon pursuant to a Fundamental Change pursuant to this Article 15Repurchase Notice or Change of Control Repurchase Notice, as applicable, the Company will, if required:
: (a) comply with the any tender offer rules under the Exchange Act that may then be applicable;
, including, without limitation, Rule 13e-4 and Rule 14e-1, if applicable; (b) file a Schedule TO or any other required schedule under the Exchange Act; and
and (c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To ; provided that to the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture Agreement relating to the Company’s obligations to repurchase purchase the Notes upon a Fundamental ChangeChange or upon a Change of Control, the Company shall comply with such the applicable securities laws and regulations and shall not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.regulations
Appears in 1 contract
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon pursuant to a Fundamental Change pursuant to this Article 15Company Notice, 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 that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To Notwithstanding anything to the contrary in this Indenture, to the extent that the Company’s compliance with the provisions set forth in this Article 15 would result in a violation of any federal or state securities laws or regulations enacted other applicable laws or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase the Notes upon a Fundamental Changeregulations, the Company shall comply with such the applicable securities laws and regulations and shall not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 1 contract
Sources: Indenture (Fisker Inc./De)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15, the Company will, if required:
(a) comply with the tender offer rules under the Exchange Act that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture Article 15 relating to the Company’s obligations to repurchase the Notes upon a Fundamental Change, the Company shall will comply with such the applicable securities laws and regulations and shall will not be deemed to have breached its obligations under such provisions of this Indenture Article 15 by virtue of such conflict.
Appears in 1 contract
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15offer, 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 that may then be applicable;
(b) file a filea Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that the provisions of any securities laws or and regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating Article 15 with respect to the Company’s obligations to repurchase the Notes upon a Fundamental Changeof Notes, the Company shall comply with such securities laws and regulations and shall not be deemed to have breached its obligations under such provisions be in breach of this Indenture by virtue of such conflictas a result thereof.
Appears in 1 contract
Sources: Indenture (On Semiconductor Corp)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15offer, 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 that may then be applicableAct;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that the provisions of any applicable securities laws or regulations enacted or adopted after the date of this Indenture subsequent to February 4, 2021 conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase purchase the Notes on the relevant Repurchase Date or upon a Fundamental Change, the Company shall will comply with such the applicable securities laws and regulations and shall will not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 1 contract
Sources: Indenture (MakeMyTrip LTD)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15offer, the Company will, if requiredrequired by the Exchange Act or any other applicable law or regulation:
(a) comply with the provisions of Rule 13e-4, Rule 14e-1 and any other tender offer rules under the Exchange Act that may then be applicableAct;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects with all applicable 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 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase the Notes notes upon a Fundamental ChangeChange conflict with or violate any securities laws or regulations as a result of changes to such laws or regulations enacted after the date hereof, the Company shall will comply with such the applicable securities laws and regulations and shall will not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 1 contract
Sources: Indenture (Fortive Corp)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15offer, the Company Partnership 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 that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects with all federal and state securities laws in connection with any offer by the Company Partnership to repurchase the Notes; in each case, so as to permit the rights and obligations under this Article 15 to be exercised in the time and in the manner specified in this Article 15, subject to extension if required to comply with law. To the extent that the provisions of any securities laws or and regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating with respect to the Company’s obligations to repurchase the Notes upon a Fundamental Changeof Notes, the Company shall Partnership is required to comply with such securities laws and regulations and shall not be deemed to have breached its obligations under such provisions be in breach of this Indenture by virtue of such conflictas a result thereof.
Appears in 1 contract
Sources: Indenture (Galaxy Digital Inc.)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15offer, the Company will, if required:
(a) comply with the provisions of any tender offer rules under the Exchange Act that may then be applicableAct;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 14 to be exercised in the time and in the manner specified in this Article 1514. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture the Company initially issues the Notes conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase purchase the Notes upon a Fundamental Change, the Company shall comply Company’s compliance with such securities laws and or regulations and shall not be considered to be a Default of those obligations; rather, the Company shall be deemed to have breached be in compliance with those obligations if it complies with its obligations under obligation to repurchase Notes upon a Fundamental Change in accordance with this Article 14, modified as necessary by the Company in good faith to permit compliance with such provisions of this Indenture by virtue of such conflictlaws or regulations.
Appears in 1 contract
Sources: Indenture (Groupon, Inc.)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15, the Company will, if required:
(a) comply with the provisions of any tender offer rules under the Exchange Act that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase the Notes upon a Fundamental Change, the Company shall comply with such the applicable securities laws and regulations and shall not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 1 contract
Sources: Indenture (Invitae Corp)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15, the Company will, if required:
(a) comply in all material respects with the provisions of Rule 13e-4, Rule 14e-1 and any other tender offer rules under the Exchange Act that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To However, to the extent that the obligations of the Company to offer to repurchase and to repurchase Notes pursuant to the provisions of described above conflict with any securities laws law or regulations enacted or regulation adopted after the date of this Indenture conflict with the provisions of this Indenture relating and that is applicable to the Company’s obligations to repurchase the Notes upon a Fundamental Change, the Company shall comply Company’s compliance with such securities laws and regulations and law or regulation shall not be deemed considered to have breached its obligations under such provisions be a default of this Indenture by virtue of such conflictthose obligations.
Appears in 1 contract
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15, the Company will, if required:
(a) comply with the tender offer rules under the Exchange Act that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that that, as a result of a change in law occurring after the first date on which the Notes are issued, the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase the Notes upon a Fundamental Change, the Company shall comply with such the applicable securities laws and regulations and shall not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
ARTICLE 16 [RESERVED]
Appears in 1 contract
Sources: Indenture (BridgeBio Pharma, Inc.)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15offer, 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 that may then be applicableAct;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that the provisions of any applicable securities laws or regulations enacted or adopted after the date of this Indenture subsequent to June 21, 2018 conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase purchase the Notes upon a Fundamental Change, the Company shall will comply with such the applicable securities laws and regulations and shall will not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 1 contract
Sources: Indenture (Wix.com Ltd.)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15offer, 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 that may then be applicableAct;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that the provisions of any applicable securities laws or regulations enacted or adopted after the date of this Indenture subsequent to August 10, 2020 conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase purchase the Notes upon a Fundamental Change, the Company shall will comply with such the applicable securities laws and regulations and shall will not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 1 contract
Sources: Indenture (Wix.com Ltd.)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15, the Company will, if required:
: (a) comply with the tender offer rules under the Exchange Act that may then be applicable;
; (b) file a Schedule TO or any other required schedule under the Exchange Act; and
and (c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture Article 15 relating to the Company’s obligations to repurchase the Notes upon a Fundamental Change, the Company shall will comply with such the applicable securities laws and regulations and shall will not be deemed to have breached its obligations under such provisions of this Indenture Article 15 by virtue of such conflict.
Appears in 1 contract
Sources: Indenture (Pacific Biosciences of California, Inc.)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15, the Company will, if required:
(a) comply with the tender offer rules under the Exchange Act that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase the Notes upon a Fundamental Change, the Company shall comply with such securities laws and regulations and shall not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.. Table of Contents
Appears in 1 contract
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article Article 15, 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 that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 Article 15 to be exercised in the time and in the manner specified in this Article Article 15. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase purchase the Notes upon a Fundamental Change, the Company shall will comply with such the applicable securities laws and regulations and shall will not be deemed to have breached its our obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 1 contract
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15, the Company will, if required:
(a) comply with the tender offer rules under the Exchange Act that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. #98368004v14 To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase the Notes upon a Fundamental Change, the Company shall comply with such the applicable securities laws and regulations and shall not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 1 contract
Sources: Indenture (PNM Resources Inc)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15offer, 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 that may then be applicableAct;
(b) file a Schedule TO or any other required schedule under the Exchange Act, in each case, to the extent applicable; and
(c) otherwise comply in all material respects with all federal and state securities laws in connection with any offer by the Company to repurchase the Notes; ;
(d) in each case, so as to permit the rights and obligations under this Article 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase the Notes upon a Fundamental Change, the Company shall comply with such securities laws and regulations and shall not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 1 contract
Sources: Indenture (Avid Bioservices, Inc.)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15, the Company will, if required:
(a) comply with the tender offer rules under the Exchange Act that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 1515 subject to postponement in order to allow the Company to comply with applicable law. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase purchase the Notes upon a Fundamental Change, the Company shall will comply with such the applicable securities laws and regulations and shall will not be deemed to have breached its our obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 1 contract
Sources: Indenture (New Relic, Inc.)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon pursuant to a Fundamental Change pursuant to this Article 15Repurchase Notice, 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 that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To ; provided that to the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase purchase the Notes upon a Fundamental Change, the Company shall comply with such the applicable securities laws and regulations and shall will not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 1 contract
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon pursuant to a Fundamental Change pursuant to this Article 15Repurchase Notice or Change of Control Repurchase Notice, as applicable, the Company will, if required:
(a) comply with the any tender offer rules under the Exchange Act that may then be applicable, including, without limitation, Rule 13e-4 and Rule 14e-1, if applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To ; provided that to the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase purchase the Notes upon a Fundamental ChangeChange or upon a Change of Control, the Company shall comply with such the applicable securities laws and regulations and shall will not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 1 contract
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15offer, the Company will, if required:
(a) comply with the tender offer rules under the Exchange Act that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 10 to be exercised in the time and in the manner specified in this Article 1510. To the extent that that, as a result of a change in law occurring after the date hereof, the provisions of any securities laws law or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this the Indenture relating to the Company’s obligations obligation to repurchase purchase the Notes upon the occurrence of a Fundamental Change, the Company shall will comply with such the applicable securities laws law and regulations and shall will not be deemed to have breached its the Company’s obligations under such provisions of this the Indenture by virtue of such conflict.
Appears in 1 contract
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon pursuant to a Fundamental Change pursuant to this Article 15Repurchase Company Notice or Change of Control Repurchase Company Notice, as applicable, the Company will, if required:
(a) comply with the any tender offer rules under the Exchange Act that may then be applicable, including, without limitation, Rule 13e-4 and Rule 14e-1, if applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To ; provided that to the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase purchase the Notes upon a Fundamental ChangeChange or upon a Change of Control, the Company shall comply with such the applicable securities laws and regulations and shall will not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 1 contract
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15, the Company will, if required:
(a) comply with the tender offer rules under the Exchange Act that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture Article 15 relating to the Company’s obligations to repurchase the Notes upon a Fundamental Change, the Company shall comply with such the applicable securities laws and regulations and shall not be deemed to have breached its obligations under such provisions of this Indenture Article 15 by virtue of such conflict.
Appears in 1 contract
Sources: Indenture (TheRealReal, Inc.)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15, 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 that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To However, to the extent that the obligations of the Company to offer to repurchase and to repurchase Notes pursuant to the provisions of described above conflict with any securities laws law or regulations enacted or regulation adopted after the date of this Indenture conflict with the provisions of this Indenture relating and that is applicable to the Company’s obligations to repurchase the Notes upon a Fundamental Change, the Company shall comply Company’s compliance with such securities laws and regulations and law or regulation shall not be deemed considered to have breached its obligations under such provisions be a Default of this Indenture by virtue of such conflictthose obligations.
Appears in 1 contract
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15, the Company will, if required:
(a) comply with the tender offer rules under the Exchange Act that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase the Notes upon a Fundamental Change, the Company shall comply with such the applicable securities laws and regulations and shall not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 1 contract
Sources: Indenture (Pitney Bowes Inc /De/)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15, the Company will, if required:
(a) comply with the tender offer rules under the Exchange Act that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 Article 15 to be exercised in the time and in the manner specified in this Article Article 15. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase the Notes upon a Fundamental Change, the Company shall comply with the applicable securities laws and regulations (including, without limitation, to postpone the Fundamental Change Repurchase Date in order to comply with such securities laws and regulations regulations) and shall not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 1 contract
Sources: Indenture (CMS Energy Corp)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15, the Company will, if required:
: (a) comply with the tender offer rules under the Exchange Act that may then be applicable;
; (b) file a Schedule TO or any other required schedule under the Exchange Act; and
and (c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To the extent that the provisions of any securities laws or regulations enacted or adopted after the date of this Indenture conflict with the provisions of this Indenture relating to the Company’s obligations to repurchase the Notes upon a Fundamental Change, the Company shall comply with such securities laws and regulations and shall not be deemed to have breached its obligations under such provisions of this Indenture by virtue of such conflict.
Appears in 1 contract
Sources: Indenture (PPL Corp)
Covenant to Comply with Applicable Laws Upon Repurchase of Notes. In connection with any repurchase offer upon a Fundamental Change pursuant to this Article 15offer, 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 that may then be applicable;
(b) file a Schedule TO or any other required schedule under the Exchange Act; and
(c) otherwise comply in all material respects 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 15 to be exercised in the time and in the manner specified in this Article 15. To Notwithstanding anything to the contrary herein, to the extent that the provisions of any securities laws or regulations enacted or adopted after the date of compliance with this Indenture conflict with the provisions of this Indenture Article 15 relating to the Company’s obligations to repurchase the Notes upon a Fundamental ChangeChange would result in a violation of any federal or state securities laws or other applicable laws or regulations, the Company shall will comply with such the applicable securities laws and regulations and shall will not be deemed to have breached its obligations under such provisions of this Indenture Article 15 by virtue of such conflict.
Appears in 1 contract