Common use of Deposit of Repurchase Price Clause in Contracts

Deposit of Repurchase Price. Prior to 11:00 A.M., New York City time, on the applicable Repurchase Date, the Company shall deposit with the Paying Agent (or if the Company or a Subsidiary or an Affiliate of any of them is acting as the Paying Agent, shall segregate and hold in trust as provided in Section 2.04) an amount of cash (in immediately available funds if deposited on such Business Day) sufficient to pay the aggregate Repurchase Price of all the Securities or portions thereof which are to be repurchased on such Repurchase Date. If the Paying Agent (other than the Company or an Affiliate of the Company) holds, in accordance with the terms hereof, at 1:00 p.m., New York City time, on the applicable Repurchase Date, cash sufficient to pay the Repurchase Price of any Securities for which a Repurchase Notice has been tendered and not withdrawn pursuant to Section 3.08(B), then, on and after such Repurchase Date, such Securities will cease to be outstanding and interest, if any, on such Securities will cease to accrue, whether or not such Securities are delivered to the Paying Agent, and the rights of the Holders in respect thereof shall terminate (other than the right to receive the Repurchase Price upon delivery of such Securities, together with any necessary endorsement) and the repurchased Securities shall be cancelled.

Appears in 2 contracts

Sources: First Supplemental Indenture (Arris Group Inc), Indenture (Arris Group Inc)

Deposit of Repurchase Price. Prior to 11:00 A.M.1:00 p.m., New York City time, on the applicable Repurchase Date, the Company shall deposit with the Paying Agent (or if the Company or a Subsidiary or an Affiliate of any of them is acting as the Paying Agent, shall segregate and hold in trust as provided in Section 2.04) an amount of cash Cash (in immediately available funds if deposited on such Business Day) sufficient to pay the aggregate Repurchase Price of all the Securities or portions thereof which are to be repurchased on such Repurchase Date. If the Paying Agent (other than the Company or an Affiliate of the Company) holds, in accordance with the terms hereof, at 1:00 p.m., New York City time, on the applicable Repurchase Date, cash Cash sufficient to pay the Repurchase Price of any Securities for which a Repurchase Notice has been tendered and not withdrawn pursuant to Section 3.08(B3.08(b), then, on and after such Repurchase Date, such Securities will cease to be outstanding and interest, if any (including Additional Interest, if any), on such Securities will cease to accrue, whether or not such Securities are delivered to the Paying Agent, and the rights of the Holders in respect thereof shall terminate (other than the right to receive the Repurchase Price upon delivery of such Securities, together with any necessary endorsement) and the repurchased Securities shall be cancelled.

Appears in 2 contracts

Sources: Indenture (Arvinmeritor Inc), Indenture (Arvinmeritor Inc)

Deposit of Repurchase Price. Prior to 11:00 A.M.10:00 a.m., New York City time, on the applicable Repurchase Date, the Company shall deposit with the Trustee or with the Paying Agent (or or, if the Company or a Subsidiary or an Affiliate of any either of them is acting as the Paying Agent, shall segregate and hold in trust as provided in Section 2.04herein) an amount of cash money (in immediately available funds if deposited on such Business Day) sufficient to pay the aggregate Repurchase Price Price, of all the Securities or portions thereof which that are to be repurchased on such as of the Repurchase Date. The Company shall promptly notify the Trustee in writing of the amount of any deposits of cash made pursuant to this Section 10.04. If the Paying Agent (other than the Company or an Affiliate of the Company) holds, in accordance with the terms hereof, at 1:00 p.m., New York City time, on the applicable Repurchase Date, holds cash sufficient to pay the Repurchase Price of any Securities Security for which a Repurchase Notice has been tendered and not withdrawn pursuant in accordance with this Indenture as of the Close of Business on the Business Day prior to Section 3.08(B), then, on and after such the Repurchase Date, then immediately following the Repurchase Date, (a) such Securities Security will cease to be outstanding and interest, if any, on such Securities Interest will cease to accrue, whether or not such Securities are delivered to the Paying Agent, accrue thereon and the (b) all other rights of the Holders Holder in respect thereof shall will terminate (other than the right to receive the Repurchase Price and previously accrued and unpaid Interest upon delivery or transfer of such Securities, together with any necessary endorsement) and the repurchased Securities shall be cancelledSecurity).

Appears in 1 contract

Sources: Indenture (American Medical Systems Holdings Inc)

Deposit of Repurchase Price. Prior to 11:00 A.M., New York City time, on On or before the applicable Repurchase Date, the Company shall deposit with the Trustee or with the Paying Agent (or or, if the Company or a Subsidiary or an Affiliate of any of them is acting as the Paying Agent, shall segregate and hold in trust as provided in Section 2.042.4) an amount of cash (in immediately available funds if deposited on such Business Day) money or a number of shares of Common Stock, as provided herein, sufficient to pay the aggregate Repurchase Price of all the Securities or portions thereof which that are to be repurchased on as of such Repurchase Date. The manner in which the deposit required by this Section 3.13 is made by the Company shall be at the option of the Company; PROVIDED that such deposit shall be made in a manner such that the Trustee or the Paying Agent shall have immediately available funds on the Repurchase Date; PROVIDED FURTHER, that if such payment is made on the Repurchase Date it must be received by the Trustee or Paying Agent, as the case may be, by 10:00 a.m., New York City time, on such date. If the Paying Agent (other than the Company or an Affiliate of the Company) holds, in accordance with the terms hereof, at 1:00 p.m., New York City time, on the applicable Repurchase Date, cash money sufficient to pay the Repurchase Price of any Securities Security tendered for which a repurchase on the Business Day prior to the Repurchase Notice has been tendered and not withdrawn pursuant to Section 3.08(B)Date, then, on and after such the Repurchase Date, such Securities Security will cease to be outstanding and interest, if any, interest on such Securities Security will cease to accrueaccrue and will be deemed paid, whether or not such Securities are Security is delivered to the Paying Agent, and the all other rights of the Holders Holder in respect thereof shall terminate (other than the right to receive the Repurchase Price upon delivery of such Securities, together with any necessary endorsement) and the repurchased Securities shall be cancelledSecurity).

Appears in 1 contract

Sources: Indenture (Pinnacle Holdings Inc)

Deposit of Repurchase Price. Prior to 11:00 A.M.10:00 a.m., New York City time, on the applicable first Business Day after the Repurchase Date, the Company shall deposit with the Paying Agent (or if the Company or a Subsidiary or an Affiliate of any of them is acting as the Paying Agent, shall segregate and hold in trust as provided in Section 2.04the Indenture) an amount of cash (in immediately available funds if deposited on such Business Day) sufficient to pay the aggregate Repurchase Price of all the Securities or portions thereof which are to be repurchased on such the Repurchase Date. If the Paying Agent (other than the Company or an Affiliate of the Company) holds, in accordance with the terms hereof, at 1:00 p.m.10:00 a.m., New York City time, on the applicable first Business Day after the Repurchase Date, cash sufficient to pay the Repurchase Price of any Securities for which a Repurchase Notice has been tendered and not withdrawn pursuant to Section 3.08(B)9.02, then, on and immediately after such the Repurchase Date, such Securities will cease to be outstanding and interest, if any, any interest on such Securities will cease to accrue, whether or not such Securities are delivered to the Paying Agent, and the rights of the Holders in respect thereof shall terminate (other than the right to receive the Repurchase Price upon delivery of such Securities, together with any necessary endorsement) and the repurchased Securities shall be cancelled).

Appears in 1 contract

Sources: Supplemental Indenture (Novagold Resources Inc)

Deposit of Repurchase Price. Prior (a) On or prior to 11:00 A.M., New York City time, on the applicable Repurchase Date, the Company shall will deposit with the Paying Agent Trustee or with one or more paying agents (or or, if the Company or a Subsidiary or an Affiliate of any of them is acting as the Paying Agentits own paying agent, shall set aside, segregate and hold in trust as provided in Section 2.046.04) an amount of cash (in immediately available funds if deposited on such Business Day) money sufficient to pay the aggregate Repurchase Price purchase price of all the Securities Debentures or portions thereof which that are to be repurchased on such purchased as of the Business Day immediately following the Repurchase Date. If ; provided that if such payment is made on the Paying Agent (other than Repurchase Date it must be received by the Company Trustee or an Affiliate of paying agent, as the Company) holdscase may be, in accordance with the terms hereof, at 1:00 p.m., by 10:00 a.m. New York City time, on such date. (b) If on the applicable Business Day immediately following the Repurchase DateDate the Trustee or other paying agent appointed by the Company, or the Company if the Company is acting as the paying agent, holds cash sufficient to pay the aggregate purchase price of all the Debentures, or portions thereof that are to be purchased as of the Repurchase Price of any Securities for which a Repurchase Notice has been tendered and not withdrawn pursuant to Section 3.08(B)Date, then, on and after such Repurchase Date, such Securities date (i) the Debentures will cease to be outstanding Outstanding, (ii) Interest and interestAdditional Amounts, if any, on such Securities the Debentures will cease to accrue, and (iii) all other rights of the holders of such Debentures will terminate, whether or not such Securities are book-entry transfer of the Debentures has been made or the Debentures have been delivered to the Paying AgentTrustee or paying agent, and the rights of the Holders in respect thereof shall terminate (other than the right to receive the Repurchase Price repurchase price upon delivery of such Securities, together with any necessary endorsement) and the repurchased Securities shall be cancelledDebentures.

Appears in 1 contract

Sources: Indenture (Genesis Healthcare Corp)

Deposit of Repurchase Price. Prior to 11:00 A.M., New York City time, on the applicable Repurchase Date, the Company shall deposit with the Paying Agent (or if the Company or a Subsidiary or an Affiliate of any of them is acting as the Paying Agent, shall segregate and hold in trust as provided in Section 2.04) an amount of cash (in immediately available funds if deposited on such Business Day) sufficient to pay the aggregate Repurchase Price of all the Securities or portions thereof which are to be repurchased on such Repurchase Date. If the Paying Agent (other than the Company or an Affiliate of the Company) holds, in accordance with the terms hereof, at 1:00 p.m., New York City time, on the applicable Repurchase Date, cash sufficient to pay the Repurchase Price of any Securities for which a Repurchase Notice has been tendered and not withdrawn pursuant to Section 3.08(B3.08(b), then, on and after such Repurchase Date, such Securities will cease to be outstanding and interest, if any, on such Securities will cease to accrue, whether or not such Securities are delivered to the Paying Agent, and the rights of the Holders in respect thereof shall terminate (other than the right to receive the Repurchase Price upon delivery of such Securities, together with any necessary endorsement) and the repurchased Securities shall be cancelled.

Appears in 1 contract

Sources: Indenture (Arris Group Inc)

Deposit of Repurchase Price. Prior On or prior to 11:00 A.M., 12:00 p.m. (New York City time, ) on the applicable Repurchase Date, the Company shall deposit with the Trustee or with the Paying Agent (or or, if the Company or a Subsidiary of the Company or an Affiliate of any either of them is acting as the Paying Agent, shall segregate and hold in trust as provided in Section 2.04) an amount of cash money (in immediately available funds if deposited on such Business Day) sufficient to pay the aggregate Repurchase Price of all the Securities Notes or portions thereof which are to be repurchased on such as of the Repurchase Date. The manner in which the deposit required by this Section 3.03 is made by the Company shall be at the option of the Company; provided, however, that such deposit shall be made in a manner such that the Trustee or the Paying Agent shall have immediately available funds on the date of deposit. If the Paying Agent (other than the Company or an Affiliate of the Company) holds, in accordance with the terms hereof, at 1:00 p.m., New York City time, on the applicable Repurchase Date, cash holds money sufficient to pay the Repurchase Price with respect to the Notes to be repurchased on the Repurchase Date in accordance with the terms of any Securities for which a Repurchase Notice has been tendered and not withdrawn pursuant to Section 3.08(B)this Indenture, then, immediately on and after such the Repurchase Date, such Securities will cease to be outstanding and interest, if any, interest on such Securities will Notes shall cease to accrue, whether or not such Securities the Notes are delivered to the Paying Agent, and the all other rights of the Holders in respect thereof of such Notes shall terminate (terminate, other than the right to receive the Repurchase Price upon delivery of such Securities, together with any necessary endorsement) and the repurchased Securities shall be cancelledNotes.

Appears in 1 contract

Sources: Indenture (Healthsouth Corp)

Deposit of Repurchase Price. Prior to 11:00 A.M., New York City time, on On or before the applicable Repurchase Date, the Company shall deposit with the Trustee or with the Paying Agent (or or, if the Company or a Subsidiary or an Affiliate of any of them is acting as the Paying Agent, shall segregate and hold in trust as provided in Section 2.042.4) an amount of cash (in immediately available funds if deposited on such Business Day) money or a number of shares of Common Stock, as provided herein, sufficient to pay the aggregate Repurchase Price of all the Securities or portions thereof which that are to be repurchased on as of such Repurchase Date. The manner in which the deposit required by this Section 3.14 is made by the Company shall be at the option of the Company, provided that such deposit shall be made in a manner such that the Trustee or the Paying Agent shall have immediately available funds on the Repurchase Date; provided further, that if such payment is made on the Repurchase Date it must be received by the Trustee or Paying Agent, as the case may be, by 10:00 a.m., New York City time, on such date. If the Paying Agent (other than the Company or an Affiliate of the Company) holds, in accordance with the terms hereof, at 1:00 p.m.money or shares of Common Stock, New York City timeas provided herein, on the applicable Repurchase Date, cash sufficient to pay the Repurchase Price of any Securities Security tendered for which a repurchase on the Business Day prior to the Repurchase Notice has been tendered and not withdrawn pursuant to Section 3.08(B)Date, then, on and after such the Repurchase Date, such Securities Security will cease to be outstanding and interest, if any, interest on such Securities Security will cease to accrueaccrue and will be deemed paid, whether or not such Securities are Security is delivered to the Paying Agent, and the all other rights of the Holders Holder in respect thereof shall terminate (other than the right to receive the Repurchase Price upon delivery of such Securities, together with any necessary endorsement) and the repurchased Securities shall be cancelledSecurity).

Appears in 1 contract

Sources: Indenture (Incyte Pharmaceuticals Inc)

Deposit of Repurchase Price. Prior to 11:00 A.M.10:00 a.m., New York City time, on the applicable first Business Day after the Repurchase Date, the Company shall deposit with the Paying Agent (or if the Company or a Subsidiary or an Affiliate of any of them is acting as the Paying Agent, shall segregate and hold in trust as provided in Section 2.0410.03) an amount of cash (in immediately available funds if deposited on such Business Day) sufficient to pay the aggregate Repurchase Price of all the Securities or portions thereof which are to be repurchased on such Repurchase Date. If the Paying Agent (other than the Company or an Affiliate of the Company) holds, in accordance with the terms hereof, at 1:00 p.m.10:00 a.m., New York City time, on the applicable first Business Day after the Repurchase Date, cash sufficient to pay the Repurchase Price of any Securities for which a Repurchase Notice has been tendered and not withdrawn pursuant to Section 3.08(B)12.02, then, on and immediately after such the Repurchase Date, such Securities will cease to be outstanding and any interest, including Additional Interest Amounts, if any, on such Securities will cease to accrue, whether or not such Securities are delivered to the Paying Agent, and the rights of the Holders in respect thereof shall terminate (other than the right to receive the Repurchase Price upon delivery of such Securities, together with any necessary endorsement) and the repurchased Securities shall be cancelled).

Appears in 1 contract

Sources: Indenture (JDS Uniphase Corp /Ca/)

Deposit of Repurchase Price. Prior to 11:00 A.M.1:00 p.m., New York City time, on the applicable Repurchase Date, the Company shall deposit with the Paying Agent (or if the Company or a Subsidiary or an Affiliate of any of them is acting as the Paying Agent, shall segregate and hold in trust as provided in Section 2.040) an amount of cash Cash (in immediately available funds if deposited on such Business Day) sufficient to pay the aggregate Repurchase Price of all the Securities or portions thereof which are to be repurchased on such Repurchase Date. If the Paying Agent (other than the Company or an Affiliate of the Company) holds, in accordance with the terms hereof, at 1:00 p.m., New York City time, on the applicable Repurchase Date, cash Cash sufficient to pay the Repurchase Price of any Securities for which a Repurchase Notice has been tendered and not withdrawn pursuant to Section 3.08(B)0, then, on and after such Repurchase Date, such Securities will cease to be outstanding and interest, if any (including Additional Interest, if any), on such Securities will cease to accrue, whether or not such Securities are delivered to the Paying Agent, and the rights of the Holders in respect thereof shall terminate (other than the right to receive the Repurchase Price upon delivery of such Securities, together with any necessary endorsement) and the repurchased Securities shall be cancelled.

Appears in 1 contract

Sources: Indenture (Arvinmeritor Inc)

Deposit of Repurchase Price. Prior to 11:00 A.M.10:00 a.m., New York City time, on the applicable Repurchase Date, the Company shall deposit with the Paying Agent (or or, if the Company or a Subsidiary or an Affiliate of any either of them is acting as the Paying Agent, shall segregate and hold in trust as provided in Section 2.04herein) an amount of cash money (in immediately available funds if deposited on such Business Day) sufficient to pay the aggregate Repurchase Price Price, of all the Securities or portions thereof which that are to be repurchased on such as of the Repurchase Date. The Company shall promptly notify the Trustee in writing of the amount of any deposits of cash made pursuant to this Section 8.04. If the Paying Agent (other than the Company or an Affiliate of the Company) holds, in accordance with the terms hereof, at 1:00 p.m., New York City time, on the applicable Repurchase Date, holds cash sufficient to pay the Repurchase Price of any Securities Security for which a Repurchase Notice has been tendered and not withdrawn pursuant in accordance with this Indenture as of the Close of Business on the Business Day prior to Section 3.08(B), then, on and after such the Repurchase Date, then immediately following the Repurchase Date, (a) such Securities Security will cease to be outstanding and interest, if any, on such Securities Interest will cease to accrue, accrue thereon (whether or not book-entry transfer of such Security is made or whether or not such Securities are Security is delivered to the Paying Agent, ) and the (b) all other rights of the Holders Holder in respect thereof shall will terminate (other than the right to receive the Repurchase Price and previously accrued and unpaid Interest upon delivery or transfer of such Securities, together with any necessary endorsement) and the repurchased Securities shall be cancelledSecurity).

Appears in 1 contract

Sources: Indenture (Rovi Corp)

Deposit of Repurchase Price. (a) Prior to 11:00 A.M., a.m. (New York City time, Time) on the applicable Business Day prior to the Repurchase Date, the Company shall deposit with the Paying Agent Trustee (or other paying agent appointed by the Company) or, if the Company or a Subsidiary or an Affiliate of any either of them is acting as the Paying Agentpaying agent, shall segregate and hold in trust as provided in Section 2.04) 4.01, an amount of cash (in immediately available funds if deposited on such Business Day) ), sufficient to pay the aggregate Repurchase Price repurchase price of all the Securities 2012 Notes or portions thereof which that are to be repurchased on such purchased as of the Repurchase Date. . (b) If the Paying Agent (Trustee or other than paying agent appointed by the Company, or the Company or an a Subsidiary or Affiliate of either of them, if such entity is acting as the Company) holdspaying agent, in accordance with the terms hereof, at 1:00 p.m., New York City time, on the applicable Repurchase Date, holds cash sufficient to pay the Repurchase Price aggregate repurchase price of any Securities for which a Repurchase Notice has been tendered and not withdrawn pursuant all such 2012 Notes, or portions thereof that are to Section 3.08(B), then, on and after such be repurchased as of the Repurchase Date, on or after the Repurchase Date (i) such Securities 2012 Notes will cease to be outstanding and interestoutstanding, if any, (ii) interest on such Securities 2012 Notes will cease to accrue, and (iii) all other rights of the holders of such 2012 Notes will terminate, whether or not book entry transfer of such Securities are 2012 Notes has been made or such 2012 Notes have been delivered to the Paying AgentTrustee or paying agent, and the rights of the Holders in respect thereof shall terminate (other than the right to receive the Repurchase Price repurchase price upon delivery of such Securities, together with any necessary endorsement) and the repurchased Securities shall be cancelled2012 Notes.

Appears in 1 contract

Sources: Indenture (Harbin Electric, Inc)

Deposit of Repurchase Price. Prior to 11:00 A.M.10:00 a.m., New York City time, on the applicable Repurchase Date, the Company shall deposit with the Paying Agent (or if the Company or a Subsidiary or an Affiliate of any of them is acting as the Paying Agent, shall segregate and hold in trust as provided in Section 2.0410.03) an amount of cash (in immediately available funds if deposited on such Business Day) sufficient to pay the aggregate Repurchase Price of all the Securities or portions thereof which are to be repurchased on such Repurchase Date. If the Paying Agent (other than the Company or an Affiliate of the Company) holds, in accordance with the terms hereof, at 1:00 p.m.10:00 a.m., New York City time, on the applicable Repurchase Date, cash sufficient to pay the Repurchase Price of any Securities for which a Repurchase Notice has been tendered and not withdrawn pursuant to Section 3.08(B)12.02, then, on and immediately after such the Repurchase Date, such Securities will cease to be outstanding and interest, if any, any Additional Interest Amounts on such Securities will cease to accrue, whether or not such Securities are delivered to the Paying Agent, and the rights of the Holders in respect thereof shall terminate (other than the right to receive the Repurchase Price upon delivery of such Securities, together with any necessary endorsement) and the repurchased Securities shall be cancelled).

Appears in 1 contract

Sources: Indenture (JDS Uniphase Corp /Ca/)